NON-PROFIT Non-Compliance:
1. Non-compliance with CORPORATION CODE SECTION 6321 (i) (ii)
(iii) a) Failed to comply with Section 6321 (ii) on
two occasions for requests for
in-person and hard copies of the
non-profit applications,
returns and financial
information. 1)
Request for In-person
(See: http://www.ilena-rosenthal.com/request.html)
2) A
Delivery Confirmation mailed request, including
cash payment
(See: http://www.ilena-rosenthal.com/request2.html
b) Doubtful that financial records are kept accurate or records audited
timely. c) Fails to comply with Section 6321
(i) on its public website where it solicits for
donations. d) Doubtful that Section 6321 (iii)
has ever been complied with. 2. Refusal to identify ‘agent’ for
personal service. a) Director lists mail drop service as
residence for personal service. b) Director
listed as ‘agent for service’, but is in/out of living in Costa
Rica. c) No ‘hand delivery’
possible 3. Questionable operation a)
No by-laws b) The Board of Directors are
required to meet each quarter of the Fiscal Year,
in addition to one annual meeting the last month of the
Fiscal Year. 1.
Doubtful these ‘meetings’ have been documented with
Minutes. c) Minutes of Meetings are also required
for the dispensation of funds, other than normal day
to day operating funds. 1. Doubtful
Minutes reflect any approvals. d) Quarterly or
annual meetings doubtful 4. Foundation telephone and computer used for
personal use? a) It Director represents the
foundation 365 24/7 then all business done over
the phone line and computer must be
for official
non-profit use.
http://www.irs.gov/charities/charitable/article/0,,id=123368,00.html
b) Note the Directors own words: ”The facts are that we can live for a
fraction of what
living in San Diego costs ... small amounts of money go far more slowly ... and I can
run my foundation from my computer ... wherever it
is.” Director voices
her 'control'. 5. Excess amounts allotted to Director for fees and rent of
computer space in tiny apartment a) Rent from
44 to 80% of total income b) Salary added to
rental amount of Directors
apt 1) Combined, has
been 49.8% to 91.5% of Gross income 6. No Form 990 was filed with IRS
for Fiscal year 2001 a) Copy of Form 990
obtained from California only b) Gross amount
was $29,882 1)
Mandatory IRS filing requirement for gross amounts over $25,000 7.
Scattered purposes a) Primary
focus advertised as ‘education, health issues’ regarding breast
implants
1) The Humantics Foundation’s website lists breast implants as it’s
primary focus
2) The foundation’s available Form 990’s purpose outlines breast implant
activities b) Substantial focus also
placed on public relations campaigns, First Amendment Rights and
medical freedom which does not further education regarding health issues
surrounding breast
implants. 1)
Public relations campaigns, First Amendment Rights and medical freedom appear to
be
private interests of the
Director. 2) A
substantial amount of the foundation’s website are pages on these subjects, or
about
people ‘suspected’ of being involved in any way with these
subjects. 3)
Director of Humantics Foundation was personally sued for defamation
of "Quackbusters” (
http://www.strausplace.com/article.php?sid=724) 4)
Quackbusters monitor ‘snake oil’ types of alternative
medicine treatments.
5) "They are a dominant threat to alternative and complementary medical
practices and
practitioners," Rosenthal said. "Their campaigns obstruct health freedom and
attempt
to chill the voices of their critics and
opponents." c) Purposes altered at will
of Director
1) Doubtful any other board members have input into the operation of this
foundation, meetings, voting, etc.
2) Altered purposes
are not reflected in articles of incorporation amendments.
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