02 November 2006

Unlimited Terms of Endearment Part XXXI, Jumping At Straws

The Arizona Republic [Phoenix] broke this story today:
Groups linked to Prop. 207 backer investigated
Real estate mogul calls inquiry a 'witch hunt'

Jessica Coomes
The Arizona Republic
Nov. 2, 2006 12:00 AM

Chicago-based Americans for Limited Government gave more than $1 million to Arizona's Proposition 207 property rights campaign, but its authority to do business in Illinois had been revoked when it made most of the donations.

The Illinois Secretary of State said the non-profit organization could not legally do business for nearly eight months this year because it did not file an annual report. The document has since been submitted to the state, and the temporary revocation is not expected to affect the Proposition 207 campaign.

Real estate mogul Howard Rich, chairman of Americans for Limited Government, called the situation an "oversight."
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But foes said it is an example of the initiative campaign's "pattern of deception" leading to Tuesday's election.

[...]

"This was an oversight, and the Center for Public Integrity will do anything to discredit us," Rich said in an e-mail. "They're on a witch hunt. That is what they do."

The center reported Wednesday the Illinois Secretary of State's Office is investigating five other organizations related to Rich for continuing to operate without authority in Illinois. All five organizations share the same address with Americans for Limited Government, the center reported.

The Illinois revocation will not affect the pro-Proposition 207 effort, campaign executive director Lori Klein said.

"That doesn't impact us," Klein said. "This is another hysterical attempt from the environmentalists and others that oppose us. They're just jumping at straws." ...
This squawk follows the release of this from the hysterical witch-hunting environmentalists at the Center for Public Integrity (Peabodys and all):
http://biz.yahoo.com/prnews/061101/dcw079.html?.v=28
Press Release Source: Center for Public Integrity

Illinois Authorities Probe Rich Groups
Wednesday November 1, 6:30 pm ET
Secretary of State's Office Investigating Whether Interlocking Organizations Have Been Operating Illegally

WASHINGTON, Nov. 1 /PRNewswire/ -- The Illinois Secretary of State's Office is investigating whether five organizations connected to New York political activist Howard Rich have been "illegally conducting business within the state of Illinois," an attorney with the office said today.

Terrence J. McConville, assistant general counsel to Illinois Secretary of State Jesse White, confirmed the inquiry Wednesday in a telephone interview with the Center for Public Integrity.

The Center reported on October 25 that Americans for Limited Government, Inc., a Chicago-based tax-exempt organization that Rich chairs, operated in Illinois for most of 2006 without a certificate of authority, which is required by law. The organization's certificate of authority was revoked on February 1, 2006, because it had failed to file an annual report, and was reinstated on September 22.

Five other tax-exempt organizations connected to Rich have been operating in Illinois as well, according to their federal tax returns. Records maintained by the Illinois Secretary of State show that none of the five organizations have certificates of authority to do business in the state.

"If you're going to be conducting business in Illinois, you have to be registered in Illinois," said Beth Kaufman, a spokeswoman for the Secretary of State's office.

The five organizations in question are:
  • Americans for Limited Government Foundation (also known as Americans for Limited Government Research Foundation), which had its certificate of authority revoked in February. The certificate of authority has not been reinstated.

  • Club for Growth State Action, which has never been authorized to do business in Illinois.

  • Legislative Education Action Drive, which has never been authorized to do business in Illinois.

  • Parents in Charge Foundation (formerly LEAD Foundation), which has never been authorized to do business in Illinois.

  • Colorado At Its Best, which has never been authorized to do business in Illinois.
In 2004, according to their tax returns, all five organizations shared the same address in Glenview, Illinois. In addition, Americans for Limited Government, Inc., which Rich chairs, listed its headquarters as the same address.

The Illinois General Not For Profit Corporation Act of 1986 stipulates that any out-of-state corporation "organized not for profit, before it conducts any affairs in this State, shall procure authority to do so from the Secretary of State."

Conducting affairs, McConville told the Center, would include "maintaining an office and/or address, maintaining staff" or even listing an Illinois address on federal documents. Until today, Club for Growth State Action's Web site listed a Chicago address; it now lists only a Virginia telephone number.

Responding to the Center's October 25 story, John Tillman, the president of Americans for Limited Government, said the organization "never had any obligation to register with the Illinois Secretary of State" because it was incorporated in Delaware.

For this and other stories, go to http://www.takingsinitiatives.org.
You might recall the somewhat hysterical response to the original filing quoted here in its entirety earlier this week (Part 28: Howie Goes International! Oct. 27). In order to adjudge the truthfulness of this latest round of screaming denunciations, let's look at the truthfulness of THAT denunciation. This is what ALG replied to the documentation that they had been operating illegally in Illinois:
... On its website, the ironically-named Center for Public Integrity (CPI), a thinly-veiled, radical left attack machine, claims that ALG has been operating "illegally" for late renewal of a license. Unfortunately for CPI, however, ALG was never required to have the license they refer to in the first place.

"They might as well have accused us of not renewing our underwater basket- weaving license," said John Tillman, President of Americans for Limited Government. "That's how ridiculous this attack is. For people who are desperate to distract from the issues, however, it's par for the course."

Americans for Limited Government is a Delaware non-profit corporation in good standing and, as such, has never had any obligation to register with the Illinois Secretary of State. In 2002, Americans for Limited Government registered with the Illinois Secretary of State as a foreign corporation as a formality, even though, as noted, it was not required. "Apparently," Tillman noted, "no good deed goes unpunished -- at least not when you've got people who are paid to sling false accusations your way."

This registration, which ALG was under no obligation to have in the first place, lapsed when renewal notices were not forwarded to the correct address....
Now, please read the original letter from the Illinois Secretary of State to ALG, and ask yourself who is credible.

STATE OF ILLINOIS
Office of THE SECRETARY OF STATE
file number N 6244-512-2

Anniversary: SEPTEMBER
County: COOK

CERTIFICATE OF REVOCATION OF AUTHORITY OF FOREIGN CORPORATION TO CONDUCT AFFAIRS IN ILLINOIS NOT FOR PROFIT ACT

WHEREAS it appears that

AMERICANS FOR LIMITED GOVERNMENT, INC.
c/o NICHOLAS C DRANIAS
77 W WASHINGTON ST STE 1020
CHICAGO IL 60602

being a corporation organized under the laws of the State of DELAWARE and duly authorized to conduct its affairs under the provisions of the laws of the State of Illinois, relation to Foreign Corporations, has failed to file an annual report as required by provisions of "General Not For Profit Corporation Act" of the State of Illinois, in force January 1, A.D. 1987, and all acts amendatory thereof; AND WHEREAS, said acts provided that upon failure to file an annual report

the Secretary of State shall revoke the authority of such corporation to conduct affairs in the State of Illinois;

NOW THEREFORE, the Secretary of State of the State of Illinois hereby revokes the certificate of the aforesaid corporation in pursuance of the provisions of the aforesaid Act.

IN TESTIMONY WHEREOF, I hereto set my hand and cause to be affixed the Great Seal of the State of Illinois.

Done at the City of Springfield, this 1ST day of FEBRUARY, 2006 A.D.

Jesse White (signature)
Secretary of State
Let's compare two unvarnished statements of fact:

Illinois Secretary of State original document:
WHEREAS it appears that

AMERICANS FOR LIMITED GOVERNMENT, INC.
c/o NICHOLAS C DRANIAS
77 W WASHINGTON ST STE 1020
CHICAGO IL 60602

being a corporation organized under the laws of the State of DELAWARE and duly authorized to conduct its affairs under the provisions of the laws of the State of Illinois, relation to Foreign Corporations, has failed to file an annual report as required by provisions of "General Not For Profit Corporation Act" of the State of Illinois, in force January 1, A.D. 1987, and all acts amendatory thereof; AND WHEREAS, said acts provided that upon failure to file an annual report

the Secretary of State shall revoke the authority of such corporation to conduct affairs in the State of Illinois ...
That's plain and straightforward (unless, of course, you're a lawyer). Now listen to the official ALG story:
"Americans for Limited Government is a Delaware non-profit corporation in good standing and, as such, has never had any obligation to register with the Illinois Secretary of State. In 2002, Americans for Limited Government registered with the Illinois Secretary of State as a foreign corporation as a formality, even though, as noted, it was not required."
ALG has NOT denied breaking the law, weirdly enough. Well, they DID say that they didn't need to comply with it, and if they had broken it, it wasn't any big deal. Well, having to take their word for it, I can only conclude -- to use a term that journalists shy away from except in highly unusual circumstances -- that they are lying.

ALG states that they never had to have a certificate. The laws of Illinois specifically state that they do. We call that a "lie," in the business.

You be the judge. But if they're lying about these illegalities, one can only wonder what other criminal behavior has been similarly glossed over.

Or, to put it in "six pack": They are against "government" and against its laws, and they don't seem to feel that they have to obey them.

But they're trying to make OUR laws?

Something doesn't compute. But when you consider who might be "jumping at straws," you might want to consider the credibility of the accusation's source.

Courage.
.

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