Attorney General Michael A. Delaney has issued an alert to citizens in the Hampstead area. Ready to Play Athletic Association of Hampstead, NH, a non-profit, charitable organization, has not registered with the Attorney General’s Charitable Trust Unit as required by law. Repeated requests have been made to the organization to file the required documentation. The organization’s failure to file is in violation of New Hampshire laws including, but not limited to, RSA 7:28 I (registration requirements), RSA 7:28 II (reporting requirement), RSA 7:28 VI (breach of trust) and RSA 7:28-f (penalties).
Ready to Play Athletic Association was formed in 2006 as “a non-profit association committed [sic] to raising funds for area youth sports in the surrounding communities of Hampstead, Salem, Atkinson, & Windham.” It is subject to the jurisdiction of the Charitable Trusts Unit pursuant to RSA 7:21, II(b)(2) (“…established, in whole or in part, for any benevolent, philanthropic, patriotic, educational, humane, scientific, public health, environmental conservation, civic, or other charitable purpose or any person who in any manner employs a charitable appeal as the basis of any solicitation or an appeal that suggests that there is a charitable purpose to any solicitation …”).
A request was made to the organization to file an application for registration on November 2, 2006. Two years later, on November 7, 2008, another request was made. Former Director Michael DeLucia sent a certified request for registration to the organization on December 29, 2008. Finally, one of the officers from the Ready to Play Athletic Association, Owen McGarrahan, telephoned the Charitable Trusts Unit. McGarrahan stated that the address of the organization was incorrect and he hoped to file the registration by the end of January, 2009. On February 23, 2009, a letter was sent requesting the status of the registration application.
When no response was received by the organization, the Director scheduled a Notice of Attend Investigation. This required officers and directors of the organization to appear before him to explain why the filing requirements were not met. Representatives from the organization did not appear on the time and date specified. A letter was then sent on May 28, 2009 regarding this failure to appear.
On June 8, 2009, the Charitable Trusts Unit received an incomplete application for registration from the Ready to Play Athletic Organization. On June 30, 2009, a letter requesting the additional documents necessary to complete the registration was sent to the organization. When no response was received, Director DeLucia sent a certified request for these document on August 17, 2009. Again, no response was received and another Notice to Attend Investigation was scheduled for January 4, 2010.
No representatives from the organization appeared on the time and date scheduled. Follow-up letters were sent on January 8, 2010, and again on February 18, 2010. No response was received from the organization. Another Notice to Attend Investigation was scheduled on April 27, 2010, and once again no on appeared. After the final hearing, a letter was sent to all board members on May 17, 2010, stating if no response was received a consumer alert would be issued. There has been no response from the Ready to Play Athletic Association.
Attorney General Delaney, with help from current Director of Charitable Trusts Anne Edwards, is considering pursuing legal action in the Rockingham County Superior Court to compel the organization to register and report to the Trusts Unit. According to New Hampshire law, the organization could face penalties including $10,000 for every violation of the laws.
Attorney General Delaney asks potential donors to exercise extreme caution before donating to the Ready to Play Athletic Association of Hampstead. If any citizen receives a request for donations from the organization, they should notify the Charitable Trusts Unit immediately at 603-271-3591.
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