(a) Any person or organization subject to registration under this Act, who knowingly
acts to further, directly or indirectly, or knowingly uses charitable assets to conduct
or further, directly or indirectly, an act or actions as set forth in Article 29D
of the Criminal Code of 2012, 1 is thereby engaged in an act or actions contrary to public policy and antithetical
to charity, and all of the funds, assets, and records of the person or organization
shall be subject to temporary and permanent injunction from use or expenditure and
the appointment of a temporary and permanent receiver to take possession of all of
the assets and related records.
(b) An ex parte action may be commenced by the Attorney General, and, upon a showing
of probable cause of a violation of this Section or Article 29D of the Criminal Code
of 2012, an immediate seizure of books and records by the Attorney General by and
through his or her assistants or investigators or the Illinois State Police and freezing
of all assets shall be made by order of a court to protect the public, protect the
assets, and allow a full review of the records.
(c) Upon a finding by a court after a hearing that a person or organization has acted
or is in violation of this Section, the person or organization shall be permanently
enjoined from soliciting funds from the public, holding charitable funds, or acting
as a trustee or fiduciary within Illinois. Upon a finding of violation all assets and funds held by the person or organization
shall be forfeited to the People of the State of Illinois or otherwise ordered by
the court to be accounted for and marshaled and then delivered to charitable causes
and uses within the State of Illinois by court order.
(d) A determination under this Section may be made by any court separate and apart
from any criminal proceedings and the standard of proof shall be that for civil proceedings.
(e) Any knowing use of charitable assets to conduct or further, directly or indirectly,
an act or actions set forth in Article 29D of the Criminal Code of 2012 shall be a
misuse of charitable assets and breach of fiduciary duty relative to all other Sections
of this Act.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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