Podcasts about kirton mcconkie

*This episode discusses the topic of sexual abuse, and in particular, the recent sexual abuse case in Arizona that was covered by the Associated Press and widely shared and discussed in mainstream/social media. Please use discretion in determining whether or not this is a suitable episode for you or for anyone listening in.*As most of you know, in August of this year, the AP released an article that chronicled a case of sexual abuse, perpetrated by a member of the Church and, in at least in one instance in 2011, disclosed by the perpetrator to a bishop. The abuse continued for many years, with legal authorities only finding out — through other channels — and arresting the perpetrator in 2017. When the article came out, we were, of course, disturbed and upset. We knew that we'd want to address the topic somehow, but didn't want it to be a “hot take.” We decided to wait until we felt we had something truly valuable to add to the conversation, and when we were introduced to our guest, Kate Taylor Lauck, we knew that she would do just that.Kate is a remarkable person and an investigative attorney who specializes in child abuse. She holds a master's degree in national security strategies from the U.S. Naval War College and graduated cum laude from Georgetown Law in 2017. She's worked on the Church's help line as an attorney at Kirton McConkie and is also, herself, a survivor of sexual abuse.In the conversation with Kate, we talked through some of the AP article itself, but spent quite a bit of time covering the help line and its processes. She shared with us what it was like to work there, and what she felt the driving motivation was on her team at Kirton McConkie, and at the Church broadly, when it comes to abuse. Kate also shared incredibly helpful information with us about what we can do, as Church and community members, to help prevent abuse. Though of course we're unable to adjudicate the details of the Arizona case — and we do think that it's a tragedy that abuse was allowed to go on for many years when it didn't need to — we felt it was important to address article's implicit claims: that the Church's help line's primary purpose is to protect the Church against liability, regardless of what happens to victims.It's never been Faith Matters' objective to participate in apologetics — we've always believed that the truth, regardless of how hard it may be to hear, is the key to finding healing and peace. That said, we believe few people could address this as well as Kate could. We've found  her to be incredibly courageous and honest, and we're proud to call her a friend.We know that as with any topic of this importance and difficulty, every word and sentence we say has the potential to hurt someone, and we're sure that we didn't do this perfectly. As we've done in the past, we're asking for grace and the benefit of the doubt. More than anything, we hope that this effort can further good faith efforts of everyone — Church members, Church leaders, and other members of our communities, to help prevent the tragedy of child sexual abuse.

TRIGGER WARNING: Mentions of Sexual Assault, Rape, Child Abuse The bombshell article by the Associated Press about the LDS Church's abuse cover-up in Arizona and West Virgina has taken the Mormon community by storm. As the kickoff episode to our series covering the Mormon church's handling of abuse John, Jenn, and Gerardo will react to a shocking 2018 interview by Gina Colvin with attorney Tim Kosnoff about his experiences representing over 150 Mormon sexual abuse victims that have brought him face-to-face with Kirton & McConkie and the Mormon law machine. On Friday we will be interviewing Tim Kosnoff in studio to discuss the AP article in more detail, provide an update on the church's handling of abuse cases, and to discuss the Boy Scouts of America case. A link to Gina's original interview is in the show notes below. ________ WE ARE 100% DONOR FUNDED! Thank you for your donations! Monthly Donor: Monthly Donor or https://donorbox.org/mormon-stories  One Time Donation: One Time Donation or https://donorbox.org/mormon-stories   Amazon Purchases:  ONLINE: Follow the link below and choose "Mormon Stories". Amazon will do the rest at no cost to you. Amazon Donates When You Purchase Items APP: Enable Amazon Smile in your app by following link below: Amazon Donates When You Purchase On The App ————— Like & Share our Podcasts!  Social Media/Information Links: MSP on Spotify Apple Podcasts MSP Blog Instagram Patreon TikTok Discord   Contact Us! MormonStories@gmail.com   Mormon Stories Podcast PO Box 171085 Salt Lake City, UT 84117 #LDS #Mormon #PostMormon #ExMormon #MormonStories #Religion #Education #Truth #History #JosephSmith #ChurchofJesusChristofLatterDaySaints #HighDemandReligion #Cult #Patriarchy #WomensRights Show notes:  A Thoughtful Faith Podcast Ep 258: Taking the Mormons to Court: Defending Sexual Abuse Victims against the LDS Church: Tim Kosnoff Donate to A Thoughtful Faith Podcast Saints for All Seasons: Lavina Fielding Anderson and Bernard Shaw's "Joan of Arc" Writer excommunicated during ‘September Six' purge loses her bid to rejoin the LDS Church The LDS Intellectual Community and Church Leadership: A Contemporary Chronology [PDF] 542-543: Gina Colvin – KiwiMormon and Fearless/Faithful Mormon Heretic The Sins of Brother Curtis Spotlight Movie Seven years of sex abuse: How Mormon officials let it happen Church Offers Statement on Help Line and Abuse (Response to AP) 1550-1551: Speaking Out When a Mormon Bishop Abuses Children – Kolby & Cami Reddish  

This is Derek Miller, Speaking on Business. An estimated 264 million people worldwide suffer from depression — a reality that impacts performance in the workplace. Robert Walker, president of Kirton McConkie, is here to discuss what his firm and others are doing to address this issue.  ROB WALKER Kirton McConkie is one of Utah's largest law firms, and as such, we have a responsibility to offer our employees ways to maintain their physical, spiritual, intellectual and emotional well-being. We're passionate about helping our employees because we know that dealing with life's challenges and fostering a welcoming, satisfying workplace culture is vital. Our commitment to well-being allows our team to more effectively represent Utahns, their businesses and their families. We all need a little help sometimes. That's why I'm excited that the Salt Lake Chamber and Utah State Bar teamed up to develop the Living Well in Law guide, specifically designed for professionals in the legal industry. It will help build engagement, resilience and well-being in their own lives. The guide provides firms with helpful strategies and resources to address the well-being of their employees and remove counterproductive stigmas. Find out more by contacting the Salt Lake Chamber. DEREK MILLER The new resource guides we've developed provide industry-specific data, best practices and actionable steps for businesses that want to help their employees. So visit the Salt Lake Chamber's website for more, and remember, we are here to help others. I'm Derek Miller with the Salt Lake Chamber, Speaking on Business. Originally Aired: May 19, 2022

Lots of new filings in the Daybell/Vallow matter. Mark Means alleges that Prosecutor Wood is behaving like an “insecure schoolyard bully,” among so many other things. Kirton McConkie responds to subpoenas by explaining what client attorney privilege is, and the State responds to Mr. Prior in the best way possible. Pop an advil and come along for the ride! Source Material https://coi.isc.idaho.gov/docs/case/CR22211624/120221Response%20and%20Objection%20to%20Motion%20for%20Contempt.pdf https://coi.isc.idaho.gov/docs/case/CR22211624/120221Memorandum%20ISO%20Motion%20to%20Quash%20or%20Modify.pdf https://coi.isc.idaho.gov/docs/case/CR22211624/112421Response%20to%20Declared%20Motion.pdf SUBSCRIBE: https://www.youtube.com/channel/UCd85RJRW6kn51aM2un6ButA/featured *Social Media Links* Facebook: www.facebook.com/truecrimeparanormalTPS Facebook Discussion Group: https://www.facebook.com/groups/215774426330767 Website: https://www.truecrimeparanormalpodcast.com/ TikTok: https://www.tiktok.com/@truecrimeparanormal? Our Latest Video: https://youtu.be/prQQb6M3EbY Check Out Some of Our Previous Uploads! Suzanne Morphew: A legal conundrum https://youtu.be/YjM_g1DceSY Kurt Cobain-Will we ever know the truth? https://youtu.be/HdPbuzW3PtI Who Killed James Duckett? https://youtu.be/wMj2pc9vSKs True Crime Paranormal on Spotify https://open.spotify.com/show/5gIPqBHJLftbXdRgs1Bqm1 True Crime Paranormal on Apple https://podcasts.apple.com/us/podcast/true-crime-paranormal/id1525438711?ls=1

Lots of new filings in the Daybell/Vallow matter. Mark Means alleges that Prosecutor Wood is behaving like an “insecure schoolyard bully,” among so many other things. Kirton McConkie responds to subpoenas by explaining what client attorney privilege is, and the State responds to Mr. Prior in the best way possible. Pop an advil and come along for the ride! Source Material https://coi.isc.idaho.gov/docs/case/CR22211624/120221Response%20and%20Objection%20to%20Motion%20for%20Contempt.pdf https://coi.isc.idaho.gov/docs/case/CR22211624/120221Memorandum%20ISO%20Motion%20to%20Quash%20or%20Modify.pdf https://coi.isc.idaho.gov/docs/case/CR22211624/112421Response%20to%20Declared%20Motion.pdf SUBSCRIBE: https://www.youtube.com/channel/UCd85RJRW6kn51aM2un6ButA/featured *Social Media Links* Facebook: www.facebook.com/truecrimeparanormalTPS Facebook Discussion Group: https://www.facebook.com/groups/215774426330767 Website: https://www.truecrimeparanormalpodcast.com/ TikTok: https://www.tiktok.com/@truecrimeparanormal? Our Latest Video: https://youtu.be/prQQb6M3EbY Check Out Some of Our Previous Uploads! Suzanne Morphew: A legal conundrum https://youtu.be/YjM_g1DceSY Kurt Cobain-Will we ever know the truth? https://youtu.be/HdPbuzW3PtI Who Killed James Duckett? https://youtu.be/wMj2pc9vSKs True Crime Paranormal on Spotify https://open.spotify.com/show/5gIPqBHJLftbXdRgs1Bqm1 True Crime Paranormal on Apple https://podcasts.apple.com/us/podcast/true-crime-paranormal/id1525438711?ls=1

This is Derek Miller Speaking on Business. As Utah's largest law firm, Kirton McConkie has the knowledge base and experience to translate legal and business issues into real-world information, helping clients take more confident actions through an ever-changing business landscape. Here's Kirton McConkie's President Rob Walker to share how they're focused on helping clients reset for growth. ROB WALKER At Kirton McConkie, we're focused on helping our clients navigate and outmaneuver the uncertainties in today's business climate. By using our experience and legal perspective, we're working to turn massive complexity into meaningful business advances that prepares our clients to reset for growth beyond the coronavirus and emerge even stronger. Safely continuing our business is not just important for the health of the economy, but for the health and well-being of our employees. We've taken careful precautionary measures within our firm to protect our employees, allowing us to safely continue business. 2020, has emerged as a testament to the dedication and resiliency of our clients and employees. As extraordinary work continues and the world reopens, we're grateful to be based in Utah where our firm's culture and values of hard work, integrity, and commitment to improve our contributions to society are shared by our community at large. DEREK MILLER Though Kirton McConkie is the largest law firm in Utah, its attorneys provide highly individualized client service while working toward optimal results. Learn more at kmclaw.com. I'm Derek Miller with the Salt Lake Chamber, and this is Speaking on Business. Originally aired: March 10, 2021.

In today's Mormon Stories Podcast episode legendary Utah journalist and investigator Lynn Packer discusses his recent investigation into possible fraud perpetrated by Utah Mormon Tim Ballard and Utah Mormon Attorney General Sean Reyes - as part of Operation Underground Railroad (OUR), which has raised over $30 million claiming to rescue children from sex trafficking. Packer has raised concerns about Tim Ballard and Sean Reyes being involved in the following: - Stockpiling $30M in donations that are not being used to save children. - Excessive compensation to Tim Ballard (over $300k/year). - Unethical accounting that now is likely hiding Tim Ballard's total compensation. - Lavish expenditures (e.g., first class flights, 5 star hotels, dramatic helicopter appearances) with no financial accountability about how funds are used. - Using false statistics to over-state the prevalence of child sex trafficking worldwide to lure donors. - Using excessive emotion and religious manipulation to lure donors, including claims to be called of God, and to be protected by God in OUR's work. - Using affinity with Mormon celebrities like Mormon apostle M. Russell Ballard, Glenn Beck, and Elizabeth/Ed Smart to lure donors. - Claiming credit for raids that they were not involved with. - Engaging in illegal and unsafe raids (jump teams) that often yield no positive results. - Alleged unsavory behavior of jump team members, including illegal drug use during raids, sexual assault, etc. - Drawing money and attention away from legitimate charities who are meaningfully providing solutions to the problems OUR decries. - Victimizing and politicizing the suffering of children for political gain (Sean Reyes). - Associating with and taking advantage of known false conspiracy theories like QAnon. - Using the LDS Church's law firm (Kirton & McConkie) to intimidate and silence whistleblowers. - In summary, manipulating wealthy donors through religious and patriotic emotion and misusing or misallocating funds, all on the backs of a very vulnerable population. Lynn Packer is best know for accurately exposing Mormon General Authority Paul H. Dunn for lying to Mormon church members about made-up World War II heroics and about playing professional baseball, all of which led to Elder Dunn being prematurely fired as a General Authority (and which the Mormon church tried to cover up through intimidation). Please join us if you have comments or questions for Lynn. NOTE: This podcast is not asserting that any of these allegations are true. Only that Lynn is claiming to have gathered evidence in support of these positions.

Today’s show centers around an interview with an anonymous person sharing her story of the Mormon welfare system. She’s currently undergoing a divorce and found out in court the church has been paying her estranged husband’s car and mortgage payments, over $18,000, for the past year on accounts bearing her name without her knowledge. When our interviewee attempted to find more information about the financial support for divorce and tax reasons, she was stonewalled by local leadership. She ran up the ranks to find more information only to be stonewalled by a senior attorney at Kirton-McConkie the primary law firm for the Church of Jesus Christ of Latter-day Saints. Her story is incredible and reveals a troubling aspect of the church welfare program; there are simply no checks and balances available to members when they suspect abuse or misappropriation of funds related to fast-offering funds from the Mormon Church. Show Links: Website http://www.glassboxpodcast.com/index.html Find us on Facebook and Twitter @Glass Box Podcast

On this episode of the Dentist Money™ Show, Reese interviews Brent Andrewsen, estate planning expert at the Kirton McConkie law firm. As a practice owner with a growing net worth, you're probably aware that you should do some basic estate planning. Reese and Brent discuss why that should start early in your career.  Where do your assets go, or who will raise your kids should something unexpected happen? Listen in as Reese and Brent deliver advice your family needs you to hear.

Thomas Westbrook from the Holy Koolaid YouTube channel joined us to talk about sexual abuse within the Catholic Church. More importantly, we talk about what we can all do to help the victims - donate to the Survivors Network of those Abused by Priests (SNAP)   Also in this episode:  Chris Buttars is dead and we won't miss him at all Dan talks a little bit about his own experience with being a victim of sexual abuse Utah's Catholic Diocese has received 'credible allegations' of sexual abuse against 16 priests since 1990 MormonLeaks publishes a 2012 document labeled “Attorney Work Product” from Kirton McConkie, a Salt Lake City-based law firm, summarizing legal investigations of abuse involving members of the Mormon Church Trump’s God-talk is turning America off religion How to overcome depression the Islamic way What religion gives us that science can't Patreon subscribers get early access to the show!   Show Links: SNAP Website: http://www.snapnetwork.org Thomas' GoFundMe for SNAP: https://www.gofundme.com/fundraiser-for-snap Holy Koolaid Website: https://www.holykoolaid.com/ Holy Koolaid YouTube Channel: https://www.youtube.com/channel/UCzvoUDoDu-cKIb11rg4ODDQ Holy Koolad Patreon: https://www.patreon.com/holykoolaid Holy Koolaid Facebook Page: https://www.facebook.com/holykoolaid/ Thomas Westbrook on Twitter: https://twitter.com/holykoolaid You can find the Godless Rebelution around the Internet at these links: Our Website: http://www.godlessrebelution.com Patreon: http://www.patreon.com/godlessrebelution Podbean: http://www.godlessrebelution.podbean.com Stitcher: http://www.stitcher.com/podcast/the-godless-rebelution/godless-rebelution iTunes: https://itunes.apple.com/us/podcast/godless-rebelution/id872416298 YouTube: http://www.youtube.com/c/GodlessRebelution FB Page: http://www.facebook.com/GodlessRebelution FB Community: https://www.facebook.com/groups/GodlessRebelution Twitter: http://www.twitter.com/TGRPodcast You can also send us hate-mail, show ideas, questions, corrections, whines, and rants at:  GodlessRebelution@gmail.com ~ OR ~ Send us a text or leave us a voicemail message at: 330-81-REBE   YOU'RE WELCOME!

In this episode, I discuss Mormon Sex abuse & the horrific case of McKenna Denson & her claim of being brutally raped by the MTC President Joseph L. Bishop(in his secret lair & rape room in the basement of the MTC or missionary training center in Provo) & the Mormon church's attempt to have the case thrown out(after covering it up for 34 years) while not even punishing Bishop at all.(still in good standing last we heard) He confessed sexual sins in the 1970s to a Mormon General Authority, Robert E. Wells but was still a regular mission president & then MTC president. He has at least admitted to taking her to the room & asking to see her breasts. It's another case of attempting to hammer & re-victimize the victim, in order to save money, which is more important than anything.    Salt Lake Tribune: "The lawsuit asserts that while serving as president of the faith’s Buenos Aries North Argentina Mission in 1978, Bishop confessed sins and improprieties to Robert E. Wells, who was then a general authority over the region." In 1987 or early 1988, McKenna reported her MTC rape by Joseph L. Bishop to her Bishop, who reported it to the Stake President, who took it church headquarters. She was then interviewed by Mormon Seventy & General Authority Carlos Asay, who promised to investigate & get back to her.  Asay apparently did nothing but later became a member(twice) in the Presidency of the Seventy & became President of the Salt Lake City temple, along with other high callings.They love to cover up the sex abuse & want to instill pure terror in anyone that may think of coming forward. They have a bogus 800 numbers that apparently goes straight to Jesus' law team of Kirton & McConkie, to find out how to handle it properly in order to protect the church...notice it's not to local law enforcement. They even paid to create a dossier(which was then leaked to the press) of McKenna Denson's entire life, in an effort to discredit, shame & scare her into silence & David J. Jordan even exposed the name of her daughter that was adopted out in a sealed adoption. How'd he get that information?   Just how nasty & dirty did Jordan & the The Church of Jesus Christ of Latter-Day Saints get?(remember that Jordan works & is paid directly by the church): "In a nine-page letter to the woman’s attorney, David J. Jordan notes 'inconsistencies' in her story and details a string of episodes in the accuser’s life, ranging from the church discipline she had previously faced to her criminal record, and from failed relationships to lawsuits, even job firings." The Mormon church has NO SHAME when going after sex assault victims or anything else, as long as they win! They want to destroy & gut the lives of their victims, in order to "protect the good name of the church" & save the millions they'll have to pay out if they lose the lawsuit. There is NEVER any love, help or compassion for these victims, which is what one would expect from the supposed "one & only true church of Christ." David J. Jordan is their go to & right-hand man & attorney in all of these horrific sex abuse cases. He also represented the church when Thomas S. Monson was being sued & was supposed to appear in court in the U.K. a few years back. He is also trying to get the Navajo sex abuse case thrown out(has thankfully failed so far) where many Native Americans claimed they were raped while participating in the "Lamanite Placement Program", where they were sent to be with white, Mormon families.(& Prophet Spencer W. Kimball claimed in General Conference that those kids were all turning "white & delightsome"..how sick!) Jordan claims the rapes happened in another nation so they can't sue the church over it.(note he doesn't claim it didn't happen!) What kind of human being would defend these cases for the church, without any concern if the victims were raped or not? David J. Jordan! The judge deciding whether to throw out this case is Federal  U.S. District Judge Dale Kimball, who is a die-hard Mormon, BYU grad & was a Professor of Law, at J.Reuben Clark School of Law, Brigham Young University. So what do we expect the decision to be, based on this information? Take a guess!!David J. Jordan, along with his wife Holly was most recently a Mormon mission president of the England, London mission from July 2012 to July 2015, before taking on all of these Mormon sex abuse cases, which he apparently cherishes & he loves profiting from them! Keep in mind that both David J. Jordan & Dale Kimball went through the Mormon temple back when they still had the vile death penalties if they violated their temple covenants or revealed: "the secrets." They promised to give the church everything they had or ever would have, to build up the kingdom of God & Jordan is doing just that. The death penalties included slitting your throat, cutting open your chest & disemboweling yourself. Apparently Jordan at least still takes that very seriously & would probably do ANYTHING for the church, no questions asked. We'll see if Dale Kimball does when he renders his decision, which seems obvious. I hope I'm wrong on that one.   David J. Jordan-Mission President London, England   David J. Jordan Wikipedia   Music: LoveShadow - Break Free (CDK Mix)License

On February 1, 2016 the LDS Church re-released a media statement originally released in 2013 entitled “Effectiveness of Church Approach to Preventing Child Abuse.”  In this press release (authored by Kirton & McConkie partner and LDS 1st Quorum of the 70 member Elder Von G. Keetch) the LDS Church claimed that "no religious organization has done more" to prevent child abuse, and touted their child abuse approach as "the gold standard" amongst all churches. Immediately the Mormon Internet exploded with the stories of past and present victims of LDS-related sexual abuse, expressing sadness, frustration, feelings of invalidation, sickness, and (at times) horror over the church's statement/claims.  For examples, see here, here, and here. In this episode of Mormon Stories we interview Matt Long -- a criminal defense and victim's rights attorney who has considerable experience prosecuting (and defending) perpetrators of child abuse in Arizona -- many of which were within the LDS church system. In part 1 of this episode we discuss the mindset and techniques of child/sex abusers. In part 2 we discuss the recent LDS Church new release, and Matt's perspective on what the LDS Church could do to improve its approach to child/sex abuse. More on Matt: Matt uses the skills he developed as a sex crimes prosecutor to protect victims' rights and represent victims in lawsuits against offenders and institutions, such as fraternities, schools, businesses, or churches, that allowed abuse to occur. When he's not arguing in court, Matt argues with the other infants on the infants on thrones podcast at infantsonthrones.com.  You can reach Matt at 480-833-1113 or e-mail his paralegal at kristin@azlegal.com with any questions about victim representation.

On February 1, 2016 the LDS Church re-released a media statement originally released in 2013 entitled “Effectiveness of Church Approach to Preventing Child Abuse.”  In this press release (authored by Kirton & McConkie partner and LDS 1st Quorum of the 70 member Elder Von G. Keetch) the LDS Church claimed that "no religious organization has done more" to prevent child abuse, and touted their child abuse approach as "the gold standard" amongst all churches. Immediately the Mormon Internet exploded with the stories of past and present victims of LDS-related sexual abuse, expressing sadness, frustration, feelings of invalidation, sickness, and (at times) horror over the church's statement/claims.  For examples, see here, here, and here. In this episode of Mormon Stories we interview Matt Long -- a criminal defense and victim's rights attorney who has considerable experience prosecuting (and defending) perpetrators of child abuse in Arizona -- many of which were within the LDS church system. In part 1 of this episode we discuss the mindset and techniques of child/sex abusers. In part 2 we discuss the recent LDS Church new release, and Matt's perspective on what the LDS Church could do to improve its approach to child/sex abuse. More on Matt: Matt uses the skills he developed as a sex crimes prosecutor to protect victims' rights and represent victims in lawsuits against offenders and institutions, such as fraternities, schools, businesses, or churches, that allowed abuse to occur. When he's not arguing in court, Matt argues with the other infants on the infants on thrones podcast at infantsonthrones.com.  You can reach Matt at 480-833-1113 or e-mail his paralegal at kristin@azlegal.com with any questions about victim representation.

Read the full Your Mark on the World article and watch the interview here: http://bit.ly/1QGmimM. Subscribe to this podcast on iTunes by clicking here: http://bit.ly/ymotwitunes or on Stitcher by clicking here: http://bit.ly/ymotwstitcher. Michael Durham, an attorney at our sponsor Kirton McConkie, works on cross-border philanthropy; he helped me to understand more about the challenges faced by international nonprofits fundraising in the U.S. Specifically, he shared three tips for helping nonprofits set up a U.S. nonprofit affiliate to help with fundraising. Here are the three tips for setting up a U.S. nonprofit arm for fundraising for an international nonprofit: Ensure that the U.S. nonprofit controls where the money goes. Build a record of decision-making in the U.S. entity. Consider alternatives to setting up your own entity. Let’s take each of these in order. First, Michael says, “Make sure it is properly structured to vest real discretion and control over how the funds are used in the U.S. entity.” He explains, ” U.S. law does not permit donors a tax deduction for amounts contributed to foreign organizations or amounts funneled through U.S. organizations to foreign organizations.” “But U.S. organizations can raise money and use that money to serve charitable purposes overseas,” he clarifies. “The clearest case is one where U.S. board is not controlled by foreign org, and all grants of U.S. raised funds are for specific charitable projects approved on a case-by-case basis by the U.S. board. If that is not possible, other models may also work, but ideally you would disclose those in your exemption application so that you are confident that your structure has been cleared by the IRS.” Second, “Remember to build a record of real decisionmaking in the U.S. affiliate as to how the funds will be used by the international nonprofit,” he says. Michael cautions, “It is easy to fall into a routine where the foreign organization simply makes a request for grants serving some broad goals, and the U.S. organization periodically turns over the bulk of its funds in response to such requests. In several recent rulings, the IRS has rejected U.S. ‘friends of’ foreign charities where they left too much discretion to the foreign charities. For instance, if the funds were being used to provide scholarships at a foreign university, the IRS might expect the U.S. affiliate to have reviewed the foreign university’s standards for determining financial need. The U.S. entity should review full details of the programs in advance, and should obtain detailed reports about how the funds were spent after the fact.” He further warns, “Be careful how you describe the use of funds in fundraising appeals. It is permissible to state that funds will be used to support the foreign organization, but it should be clear that the U.S. organization could alter that decision if it no longer appeared that the foreign organization’s programs would carry out the U.S. ‘friends of’ organization’s purposes.” Third, Michael says, “Consider other options besides setting up your own entity.” He notes, “Many foreign organizations overestimate the amount of funds that a U.S. entity will attract. While it is true that U.S. charitable giving is higher than that of many other countries, attracting significant funds requires time and effort to distinguish your organization from all the others. A U.S. entity must comply with annual public filing requirements, including exhaustive financial information and salary information for the leadership of the U.S. entity, in some cases including salaries paid by the foreign affiliate.” “As an alternative to setting up and maintaining your own U.S. affiliate, you might consider opening a ‘friends of’ fund with an existing public charity that manages such funds on behalf of multiple foreign charities. That is a lower-cost way to ‘test the waters’ to see how much your organization can realistically expect to raise in the U.S. before you invest in maintaining your own U.S. 501(c)(3) organization,” Michael concludes. Read the full Your Mark on the World article and watch the interview here: http://bit.ly/1QGmimM. Please consider whether a friend or colleague might benefit from this piece and, if so, share it.

Read the full Your Mark on the World article and watch the interview here: http://bit.ly/1kQq8N0. Subscribe to this podcast on iTunes by clicking here: http://bit.ly/ymotwitunes or on Stitcher by clicking here: http://bit.ly/ymotwstitcher. Brent Andrewsen, an attorney with Your Mark on the World-sponsor Kirton McConkie, explains the simple steps required to form a nonprofit charity. There are two basic steps required. First, you need to create a legal entity and second, you must obtain tax exempt status from the Internal Revenue Service (IRS) for the entity. Most “nonprofits” are either a charitable trust or a nonprofit corporation. Brent recommends a nonprofit corporation for organizations looking to operate a traditional nonprofit. The formation requires articles of incorporation, bylaws, a board of directors (at least 3 in number), naming of officers, etc. The articles must be registered with the state, and the state also requires the names and addresses of board members and officers. These steps are almost completely within your control and while they sometimes take months, they can be done as quickly as you are willing to do them. Once the entity exists, you are in a position to prepare and submit an application to the IRS on Form 1023. The IRS estimates that you can learn what you need to learn to complete the form yourself and complete the form in approximately 20 hours. Most applicants get at least some help from attorneys like Brent who have submitted hundreds of applications. Brent says he’s never had an application rejected. Once you submit the application, the IRS will take three to four months to review it. Sometimes, the IRS will respond with additional questions. Sometimes they will respond with an immediate approval. Brent notes that the application is important. “Get help from an expert.” If the IRS ever has a question about whether your organization should be subject to tax, the IRS will conduct an audit. If the auditors find that you are doing what was approved in your application, the audit usually will be quick and painless. This also provides protection should the IRS change its opinion about the nonprofit’s activities. The IRS cannot penalize your organization for conducting activities disclosed in the application. In order to ensure efficient audits and protection from penalties, Brent encourages applicants to be “specifically broad” in their applications so that the auditors will quickly recognize that your activities align with your approved application. One secret that Brent suggests for those who are financially constrained with respect to the legal costs of setting up a nonprofit, is to ask your nonprofit lawyer for templates and some coaching up front and then to prepare the documents yourself. As a final step, ask your attorney to review your work. In this way, your attorney can help you create a successful application at reduced cost. Read the full Your Mark on the World article and watch the interview here: http://bit.ly/1kQq8N0. Please consider whether a friend or colleague might benefit from this piece and, if so, share it.

October 1, 2015 - Read the full Your Mark on the World article and watch the interview here: http://bit.ly/1MHBxHu. Subscribe to this podcast on iTunes by clicking here: http://bit.ly/ymotwitunes or on Stitcher by clicking here: http://bit.ly/ymotwstitcher. Ask anyone in the nonprofit world and you’ll hear that budgets are constrained. Running a nonprofit, however, is not easy. Brent Andrewson, an attorney at our sponsor Kirton McConkie, offers these three surprising legal tips to help. Be mindful of conflicts of interest. If you have a great board of directors, officers and employees it is likely you’ll find your organization navigating conflicts of interest from time to time. The existence of a conflict does not mean that you cannot proceed with a proposed project or transactin, but it does mean that you need to proceed carefully in this nuanced arena. Be sure to know when you need to register with a state for fundraising there. Forty states require nonprofits to register. Just having a website doesn’t trigger registration requirements, but other normal solicitation activities, including crowdfunding may. Being a nonprofit triggers regulation; it doesn’t exempt you from it.The tax, fundraising and other implications of nonprofits subject organizations to increased–not reduced–scrutiny from regulators. Please consider whether a friend or colleague might benefit from this piece and, if so, share it.

As an increasing number of communities begin seriously exploring options for a community broadband network, it seems municipal bonds are once again being considered as a serious funding option. This year's survey of economic development pros reveals that just over half feel their communities could successfully launch a bond measure, or that their chances for success are 50/50.    Three factors lead to the success of issuing muni bonds to fund community broadband networks:  the political willsuccessful navigation of the legal processesassembling the right financial resources   David Shaw, Chief of the Government & Utilities industry section of Kirton-McConkie law firm and Laura Lewis, Principal at municipal financial advisory firm Lewis, Young, Robertson & Burningham, Inc., walks listeners through these three criteria in layperson's language to help stakeholders navigate these tricky waters. Both have experience working with bond efforts for cities across the U.S.  Helping Iowa and Colorado communities better assess all of their funding options for network projects, including a bond strategy, is a main component of the special 5-week broadband strategy Webinar series led by Gigabit Nation host Craig Settles.