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Bonfiglio/27th dispute


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5 hours ago, JimF-LowBari said:

How so? I see the laughing face being used but no one explains what they mean. Been a bunch of things besides this being discussed recently that put the activity in a bad light. Get the feeling that some here think no one should discuss anything bad. And I sure as hell don’t think asking questions a “garbage comment”.

I thought you were joking.  

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9 minutes ago, Continental said:

I thought you were joking.  

Nope, the posts I’ve been looking at are the ones dealing with issues of non-profits working with admin costs and amount of money that actually goes to the purpose of the group. Like I posted before I was in a group that lost its nonprofit status for a while. Big(gest?) issue getting it back was amount of money going to outside places to “promote the activity” (purpose of the group as per the paperwork). So really noticed those posts.
Then there are the posts dealing with the court case and decision.

I don’t see these posts as “garbage” hurting anything. I see them as discussing issues with a group that is related to drum corps. 
 

Edited by JimF-LowBari
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7 minutes ago, JimF-LowBari said:

Nope, the posts I’ve been looking at are the ones dealing with issues of non-profits working with admin costs and amount of money that actually goes to the purpose of the group. Like I posted before I was in a group that lost its nonprofit status for a while. Big(gest?) issue getting it back was amount of money going to outside places to “promote the activity” (purpose of the group as per the paperwork). So really noticed those posts.
Then there are the posts dealing with the court case and decision.

I don’t see these posts as “garbage” hurting anything. I see them as discussing issues with a group that is related to drum corps. 
 

Maybe I've entered in another rip in the space/time continuum, but I didn't understand first I guess.  I agree with you 

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10 minutes ago, Continental said:

Maybe I've entered in another rip in the space/time continuum, but I didn't understand first I guess.  I agree with you 

No problem.. that’s why I ask…. 👍

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10 hours ago, George Dixon said:

yup

welcome back!

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5 hours ago, GUARDLING said:

 NM🙂

you know you dont have to hold back on my account dude

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  • 1 month later...

It’s a sad world in which we live at times, but I am wondering about the tax ramifications. Any violations here?
 

Dear Friends: January 29, 2022
We are writing to issue an urgent appeal to come to the aid of the Bonfiglio Foundation. As you may or may not be aware, the Foundation as well as Janine and Denise were subjected to legal action which quite unfortunately did not turn out as hoped. The details of the matter are attached in Denise’s own words.
Needless to say we have all prospered by our association with George and Patsy and have all taken pride that their memories are celebrated each summer at DCI Finals in the form of scholarships presented to worthy drum corps youth. In order to carry on this scholarship mission we need your support to help defray the legal fees and costs that this recent litigation imposed upon the Foundation and our dear friends, Janine and Denise. Let’s “Save the Foundation”.
To that end we are humbly requesting that you make an immediate donation to the Bonfiglio Foundation in whatever amount you may deem appropriate. Time is of the essence as these looming bills will come due shortly. Checks should indicate “For Legal Bills” in the Memo Section. All donations are tax deductible and should be made payable to....

...

Denise Bonfiglio December 9, 2021
Janine and I feel it is necessary to share the outcome of the legal proceedings that have been ongoing since 2017. As these proceedings have been on public record, I will keep the explanation brief and factual.
The Bonfiglio Foundation, as well as Janine and me personally, have been sued by the 27th Lancers Drum & Bugle Corps, Inc, now a for-profit company. The legal action was initiated by its owners President, Patte Bonfiglio Blake and Treasurer George P. Bonfiglio, our siblings. The lawsuit, which is based on Trademark Infringement, was grounded on using the “family” name to conduct charitable work honoring our parents George & Patsy Bonfiglio. Although we had secured the name properly and legally and having no evidence or proof that The Foundation has done anything wrong or misleading, a judge in Essex Superior Court agreed with the Plaintiffs claims that The Foundation’s name was similar and invoked a permanent injunction precluding us from using their Lancer name. This action required us to change our name to the Bonfiglio Foundation as well as our logo and any other marketing material. In addition, Janine, and I, along with our board members, are not allowed to use the other organization’s name on any personal social media; Facebook or any other medium as it would be in violation of the injunction and unlawful.
This Trademark lawsuit culminated in a five day, 12-person jury trial in August 2019. In addition to Janine and I representing the Foundation as the defendants, Charlie Poole, Bobby Cotter and Jim Hager testified in the defense of the Foundation. We also had many people attend the trial to show their support. Unfortunately, the jury found in favor of the Plaintiffs and awarded $4k in damages and an additional $1k for reimbursement to George P. Bonfiglio. These monies have been paid to the Plaintiffs. In addition, the Plaintiffs also sued the Foundation (and Janine and I personally) on the grounds of needing consumer protection under Massachusetts State Law 93A. The jury was not charged with assessing this area of law due to the complexity; this portion of the trial was reserved for the judge presiding over the trial; Judge Elizabeth Fahey. Based on Judge Fahey’s interpretation of witness testimony and her mistaken comprehension of facts, Judge Fahey found in favor of the Plaintiffs and assessed damages in the amount of $87,761.15. This judgment amount accrues interest every day.
We were in complete disagreement with Judge Fahey’s findings and filed an Appeal. Our Appeal was filed in the Appellate Court; Suffolk Superior jurisdiction in Boston and oral arguments were held in September 2021. To our dismay and deep disappointment, the Appellate Court upheld Judge Fahey’s decision and the outstanding balance of damages must be paid. The Foundation will be bankrupt, and Janine and I are personally responsible for paying these damages.
 

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On 2/13/2022 at 12:18 AM, Jurassic Lancer said:

It’s a sad world in which we live at times, but I am wondering about the tax ramifications. Any violations here?
 

Dear Friends: January 29, 2022
We are writing to issue an urgent appeal to come to the aid of the Bonfiglio Foundation. As you may or may not be aware, the Foundation as well as Janine and Denise were subjected to legal action which quite unfortunately did not turn out as hoped. The details of the matter are attached in Denise’s own words.
Needless to say we have all prospered by our association with George and Patsy and have all taken pride that their memories are celebrated each summer at DCI Finals in the form of scholarships presented to worthy drum corps youth. In order to carry on this scholarship mission we need your support to help defray the legal fees and costs that this recent litigation imposed upon the Foundation and our dear friends, Janine and Denise. Let’s “Save the Foundation”.
To that end we are humbly requesting that you make an immediate donation to the Bonfiglio Foundation in whatever amount you may deem appropriate. Time is of the essence as these looming bills will come due shortly. Checks should indicate “For Legal Bills” in the Memo Section. All donations are tax deductible and should be made payable to,,,

Denise Bonfiglio December 9, 2021
Janine and I feel it is necessary to share the outcome of the legal proceedings that have been ongoing since 2017. As these proceedings have been on public record, I will keep the explanation brief and factual.
The Bonfiglio Foundation, as well as Janine and me personally, have been sued by the 27th Lancers Drum & Bugle Corps, Inc, now a for-profit company. The legal action was initiated by its owners President, Patte Bonfiglio Blake and Treasurer George P. Bonfiglio, our siblings. The lawsuit, which is based on Trademark Infringement, was grounded on using the “family” name to conduct charitable work honoring our parents George & Patsy Bonfiglio. Although we had secured the name properly and legally and having no evidence or proof that The Foundation has done anything wrong or misleading, a judge in Essex Superior Court agreed with the Plaintiffs claims that The Foundation’s name was similar and invoked a permanent injunction precluding us from using their Lancer name. This action required us to change our name to the Bonfiglio Foundation as well as our logo and any other marketing material. In addition, Janine, and I, along with our board members, are not allowed to use the other organization’s name on any personal social media; Facebook or any other medium as it would be in violation of the injunction and unlawful.
This Trademark lawsuit culminated in a five day, 12-person jury trial in August 2019. In addition to Janine and I representing the Foundation as the defendants, Charlie Poole, Bobby Cotter and Jim Hager testified in the defense of the Foundation. We also had many people attend the trial to show their support. Unfortunately, the jury found in favor of the Plaintiffs and awarded $4k in damages and an additional $1k for reimbursement to George P. Bonfiglio. These monies have been paid to the Plaintiffs. In addition, the Plaintiffs also sued the Foundation (and Janine and I personally) on the grounds of needing consumer protection under Massachusetts State Law 93A. The jury was not charged with assessing this area of law due to the complexity; this portion of the trial was reserved for the judge presiding over the trial; Judge Elizabeth Fahey. Based on Judge Fahey’s interpretation of witness testimony and her mistaken comprehension of facts, Judge Fahey found in favor of the Plaintiffs and assessed damages in the amount of $87,761.15. This judgment amount accrues interest every day.
We were in complete disagreement with Judge Fahey’s findings and filed an Appeal. Our Appeal was filed in the Appellate Court; Suffolk Superior jurisdiction in Boston and oral arguments were held in September 2021. To our dismay and deep disappointment, the Appellate Court upheld Judge Fahey’s decision and the outstanding balance of damages must be paid. The Foundation will be bankrupt, and Janine and I are personally responsible for paying these damages.
 

Unfortunately, some important evidence is left out of the "statement" above.  I would suggest to take a look at the tax returns for the Foundation, and also refer to the judge's comments about Denise using foundation funds to pay for her trips to DCI,  lodging, car, airfare, meals, and even throwing parties.  For example, in one particular year, the intake of funds for the foundation was nearly $15,000.  They awarded $2000 in scholarships.   However, much, much more than that is indicated in "other expenses"  (the "other expenses" schedule was not made public in any year, from what I can see).  Also, actual LOSSES were declared in recent years; from what I can see, in order to take to balance of the account down.  If you are awarding scholarships in the amount of $1000 each, why would you have in excess of $20,000 in the account?  Where is this money now?  The statement above actually indicates that the main purpose is to pay the damages that the defendants have to pay, and is thus not in line at all with raising money for scholarships at this time, which is the stated purpose of the foundation.   Frankly, the trademark/name was of little significance here (including the plaintiffs).  What WAS at issue was gross misuse of funds for individual purposes, not the intended purposes of the foundation.

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