The International Journal
of Not-for-Profit Law
Volume 3, Issue 2, December 2000
A publication of the International Center for Not-for-Profit Law
Articles
Church and State Relationships in German "Public Benefit" Law
By Dr. Christine R. Barker
Evaluating Tax Incentives for Donations to Public Benefit Organizations
By Paul Bater
Freedom of Association: Recent Developments Regarding the "Neglected Right"
By Leon E. Irish and Karla Simon
The Government of Israel's Control of NGOs: Legal Dilemmas and Structural Constraints
By Nitza Nachmias and Amiram Bogot
Reviews
Introduction to the Non-Profit Sector in the Balkans
By Jenny Hyatt
The Third Force
By Ann M. Florini
Reviewed by Karla Simon
Weak Democracy and Civil Society
By Imco Brouwer
Reviewed by Sam Charron
Case Notes
Central and Eastern Europe:
Poland
Latin America and the Caribbean:
Venezuela
Middle East and North Africa:
Egypt | Tunisia
North America:
the United States
Newly Independent States:
Moldova| Russia
Country Reports
Asia Pacific:
Regional | Australia | the Philippines
Central and Eastern Europe:
Hungary
Latin America and the Caribbean:
Regional | Dominican Republic | Guatemala | Peru
Middle East and North Africa:
Bahrain | Israel | Palestine | Yemen
Newly Independent States:
Kazakhstan | Ukraine
North America:
the United States
Sub-Saharan Africa:
Ghana | South Africa
Western Europe:
Belgium | France | Germany | Ireland
International Grantmaking
Conducting Overseas Site Visits
By Victoria B. Bjorklund and Jennifer I. Goldberg
- - - - - - - - - -
Case Notes: North America
the United States
Bishop Estate Settlement
By Benjamin Plummer, ICNL Legal Intern
The IRS has signed-off on a $20.1 million agreement between the Attorney General of Hawaii and the former trustees of Hawaii’s wealthiest charity. The trust, commonly known as the Bishop Estate, has a total worth estimated between $6 billion and $10 billion. The bulk of the funds of the agreement, $15 million, will go to the Kamehameha Schools that suffered under both the corrupt practices of the trustees, and their apparent complete lack of oversight of the trust’s funds. Though paid as a result of actions of the trustees, the money will come from the Federal Insurance Company, the trust’s insurer, and ironically, includes $4 million dollars to reimburse the trustees for the legal fees they incurred personally while denying allegations of wrongdoing. The remainder, $1.3 will go to Hawaii’s Attorney General to cover legal expenses.
Allegations of wrongdoing surfaced in 1997 when the Honolulu Star-Bulletin published the article “Broken Trust,” alleging mismanagement of the trust’s assets and conflict of interests of the trustees. A costly and lengthy investigation ensued which uncovered enormous overcompensation for the trustees, abuse of power in asserting undue influence over the president and staff of the school, and kick-backs to state politicians in an environment that fostered corruption.
The will establishing the trust in 1884 delegated the task of choosing trustees to the Supreme Court of Hawaii, and the position of trustee had become one given in exchange for political favors. The eventual result of the investigation led to the resignation of the five trustees, payment of some $13 million dollars to the IRS (including back taxes and penalties) and a barrage of press coverage that has tainted this longstanding charity.
The state had initially sought over $200 million dollars in damages in compensation, but the settlement agreed to, barely more than a tenth that amount, was seen as the most expedient way to end the matter and in the best interests of the children who had lost the most under the policies of the former trustees.