Bonfiglio/27th dispute

[keystone3ply]

9 minutes ago, skevinp said:

So will the plaintiffs’ be distributing the $87k to the donors of those funds?

 

[Terri Schehr]

2 hours ago, keystone3ply said:

They can probably afford to pay off the debt.  In today's market, that's about the going rate for a used AMC Pacer; "the first wide small car".  

 

 

You aren’t kidding.  I recently got an email from Honda of Lisle telling me they’d buy back the 2020 Honda CR-V EX-L we bought in 9/20 for what I paid for it then. WTH 🤦‍♀️

[Slingerland]

Unfortunately, none of George and Patsy's kids are coming off looking great here. That drum corps has been dead for 35 years, and here they all are trying to leverage their familial connection to the founders for....what, exactly? 

A "scholarship fund" that distributes next to nothing in scholarships. A commercial enterprise that exists to sell merchandise or events by pimping out the name of a drum corps that hasn't existed since Jim and Tammy Faye Bakker were still on the air.

The Cadets BOD should smell something fishy and cut ties immediately. They've already got a drum corps with a lousy reputation for BOD supervision; they don't need to risk anything more.

 

 

 

Edited February 13, 2022 by Slingerland

[FTNK]

A mess!

[Bob984]

7 hours ago, Slingerland said:

Unfortunately, none of George and Patsy's kids are coming off looking great here. That drum corps has been dead for 35 years, and here they all are trying to leverage their familial connection to the founders for....what, exactly? 

A "scholarship fund" that distributes next to nothing in scholarships. A commercial enterprise that exists to sell merchandise or events by pimping out the name of a drum corps that hasn't existed since Jim and Tammy Faye Bakker were still on the air.

The Cadets BOD should smell something fishy and cut ties immediately. They've already got a drum corps with a lousy reputation for BOD supervision; they don't need to risk anything more.

 

 

 

From what I have heard,  the siblings who filed the suit reached out several times to work together with the other two siblings, but Denise wanted to do her own thing with no regard for their input/feelings.  The suit was filed after all other efforts failed, and they could not stand by and watch her run the foundation in the manner that she did, all under the 27th name, which she had zero legal authority to do.  A judge and jury made a decision and it was upheld in appelate court.  Her declaring that the decisions were "wrong" mean nothing.  Her foundation, unless a miracle happens, is done......she is not going to get donations of that level to cover her court verdict....for her to ask of these funds through the foundation (not for it's expressed purpose of monies for scholarships) is not only unethical, but may be illegal as well.  I read this on a Mass. website.....I'm not a lawyer, but it seems to me that the actions qualify for all three here.  I think that it would be a good thing if the winning plaintiffs would consider developing their own charity in the 27th name, and actually use most of the funds (minus reasonable expenses) for the benefit of scholarships.

The Non-Profit Organizations/Public Charities Division has jurisdiction to investigate complaints that involve:

1. misappropriation of charitable funds;
2. fraudulent or misleading solicitation; and 
3. unethical behavior by charitable employees or board members. The AGO generally does not become involved in governance disputes within nonprofit organizations.

 

[Slingerland]

18 minutes ago, Bob984 said:

From what I have heard,  the siblings who filed the suit reached out several times to work together with the other two siblings, but Denise wanted to do her own thing with no regard for their input/feelings.  The suit was filed after all other efforts failed, and they could not stand by and watch her run the foundation in the manner that she did, all under the 27th name, which she had zero legal authority to do....  

 

Don't disagree on any of your content. However, the fact that ANY of them are spending an ounce of effort trying to capitalize off a horse so dead it never saw a 3-valve bugle doesn't reflect well.

It's time for them to all just let it the f*@# go.

[Terri Schehr]

2 hours ago, Slingerland said:

Don't disagree on any of your content. However, the fact that ANY of them are spending an ounce of effort trying to capitalize off a horse so dead it never saw a 3-valve bugle doesn't reflect well.

It's time for them to all just let it the f*@# go.

I can’t disagree with this. 

[Jeff Ream]

12 hours ago, Slingerland said:

Unfortunately, none of George and Patsy's kids are coming off looking great here. That drum corps has been dead for 35 years, and here they all are trying to leverage their familial connection to the founders for....what, exactly? 

A "scholarship fund" that distributes next to nothing in scholarships. A commercial enterprise that exists to sell merchandise or events by pimping out the name of a drum corps that hasn't existed since Jim and Tammy Faye Bakker were still on the air.

The Cadets BOD should smell something fishy and cut ties immediately. They've already got a drum corps with a lousy reputation for BOD supervision; they don't need to risk anything more.

 

 

 

Until alumni throw a fit, they’re just happy it isn’t Hop

[fsthnds]

14 hours ago, Bob984 said:

From what I have heard,  the siblings who filed the suit reached out several times to work together with the other two siblings, but Denise wanted to do her own thing with no regard for their input/feelings.  The suit was filed after all other efforts failed, and they could not stand by and watch her run the foundation in the manner that she did, all under the 27th name, which she had zero legal authority to do.  A judge and jury made a decision and it was upheld in appelate court.  Her declaring that the decisions were "wrong" mean nothing.  Her foundation, unless a miracle happens, is done......she is not going to get donations of that level to cover her court verdict....for her to ask of these funds through the foundation (not for it's expressed purpose of monies for scholarships) is not only unethical, but may be illegal as well.  I read this on a Mass. website.....I'm not a lawyer, but it seems to me that the actions qualify for all three here.  I think that it would be a good thing if the winning plaintiffs would consider developing their own charity in the 27th name, and actually use most of the funds (minus reasonable expenses) for the benefit of scholarships.

The Non-Profit Organizations/Public Charities Division has jurisdiction to investigate complaints that involve:

1. misappropriation of charitable funds;
2. fraudulent or misleading solicitation; and 
3. unethical behavior by charitable employees or board members. The AGO generally does not become involved in governance disputes within nonprofit organizations.

 

From what I have heard the Ma. AG's office is investigating the organization now that the evidence came public from the civil decision. Denise could easliy be charged with all 3 of the reasons!

[fsthnds]

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:
Bonfiglio Foundation
Mail a check to:
Anne Fields or 12 Pelham Street
Malden, MA 02148
William Solari
8 Mara Circle Stoughton, MA 02072
Friends of the Bonfiglio Foundation
Anne Fields Christine Dyer Nagle Gary Covitz
Bobby Cotter
Jim Hager
Bill Solari Patty Poole Charley Poole

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.
 

If anything this group should be returning donations to the donors who were misled on how their donations were being used instead of asking for donations for Legal Bills!