Is Federal Sentence Enhanced For Exec’s Theft from Charity?

Seventh Circuit remands case to trial court to decide how to interpret federal sentencing guidelines

Should the federal criminal sentencing guideline be used to add an extra eight to ten months in prison for the executive director of a charity who embezzled about $150,000 from the agency when the guideline says a two-level enhancement should be applied when the offence involves “a misrepresentation that the defendant was acting on behalf of a charitable” organization?

A federal District Court in Illinois said it should be applied.  The Seventh Circuit Court of Appeals has said not so fast.

Ecclesiastical abstention applies to defamation case

When the finance officer of the Catholic Diocese of Jackson, MS, who had been appointed for a five-year term under the Code of Canon Law of the Roman Catholic Church, was fired by the bishop in 2018 and was unsuccessful in pursuing internal appeals, he sued not only for wrongful termination, but also for defamation and negligent and intentional infliction of emotional distress. 

NRA Loses Counterclaims Against NY Attorney General

Court dismisses claims that investigation is unconstitutionally retaliatory or selective

The trial court that recently ruled that the New York Attorney General did not have grounds to force a judicial dissolution of the National Rifle Association (See Nonprofit Issues®, Vol. XXXII, No. 2) has denied counterclaims by the NRA seeking to dismiss the entire case as unconstitutionally retaliatory or selective.  The Court has ruled that the AG may continue to pursue a variety of other claims against the organization and individual defendants.

Court may tell church to hold new election

A trial court in Michigan may tell an incorporated church to hold a new annual election for directors and may tell the church that certain members may vote in the election, an appellate court has held.  The ecclesiastical abstention did not apply to questions of interpretation of the state nonprofit corporation law.

Nonprofit has standing but loses claims

The American Italian Women for Greater New Haven have standing to complain about the removal of a statue of Christopher Columbus from a town square but have no claim sufficient to proceed with the case, the federal District Court in Connecticut has ruled.  It has dismissed a suit brought by the women against the City of New Haven.