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When Donors Go Bad

Have you been following the story of Alberto Vilar, the "super-patron of the arts," as the New York Times dubbed him? Ranked 327th on Forbes' list of wealthiest Americans, Vilar, founder of New York-based Amerindo Investment Advisors, is renowned for the huge gifts that he has made to, among others, New York's Metropolitan Opera and Metropolitan Museum of Art, Berlin's American Academy in Berlin, the Royal Opera House in London, the Kennedy Center in Washington, DC, and his alma mater, Washington and Jefferson College.

A tech investor and advisor, Vilar was charged recently with defrauding investors of millions of dollars. Among other charges, Vilar is said to have pocketed a $5 million investment for personal use. As this goes to press, Vilar is being held in lieu of bail at the Metropolitan Correctional Center in Manhattan.

What, you may well ask, does such high-stakes chicanery have to do with me? While your nonprofit may not run in such august-or notorious-circles, the Vilar case begs an important question of concern to all nonprofits. If a donor to your organization - be it an individual, corporation or foundation - is in the newspapers for all the wrong reasons, should you ignore the bad press and take it in stride? Should you somehow distance yourself from the donor? Should you return the gift?

A large foundation in northern California was in the news a few years ago when word leaked out about the huge salary and perks awarded to the President. While we are reasonably confident that no grantee returned a grant from that foundation due to the bad press, we're also certain that new grantees did not go out of their way to trumpet news of the foundation's grants in press releases and e-mail blasts.

It seems to us that the issue of malfeasance is more pressing in the realm of individual gifts. Let's imagine that you've just completed a $10 million capital campaign. The lead gift of $2 million was made by a gentleman who was only too happy to have the building named after him. Two months after his generous gift, said gentleman is brought up on charges of unseemly activities with underage girls. The case goes to trial and he's found not guilty.

Do you remove his name from the building? After all, he was found not guilty. Do you strike him from the list of honorees at your event celebrating the successful conclusion of the capital campaign? Do you pretend that nothing has happened?

And what if he had been found guilty? What is your responsibility in dealing with donors who have a long-standing and heartfelt interest in your organization but who engage in unsavory or illegal practices? The knee-jerk reaction is to sever all ties with them, but are we hurting ourselves in the process?

We encourage ZimNotes readers to respond by e-mail to this conundrum. One size manifestly does not fit all when it comes to such difficult ethical dilemmas. While we see no reason, for example, to excise the name of a malefactor from your list of major donors, it is an entirely different matter if your building is named after someone who is doing hard time. One suggestion: If this issue does arise for you (and we fervently hope it does not!), convene a small focus group of board members and major donors to solicit their opinions and recommendations. It is better to share the responsibility for such difficult decisions than to put everything on the shoulders of the beleaguered executive director.

As we note in Boards That Love Fundraising, people make financial contributions to strong organizations, not to organizations in crisis. Crises or weaknesses, however-particularly if they reach the press-cannot be ignored. If you are confronting the issue of a notorious donor, you-and here we mean everyone in your organization speaking in one voice--must explain how you are taking steps to avoid such problems in the future. You must also emphasize your determination to act in an accountable manner. With nonprofit accountability so prominent in the press of late, the determination of your organization to act in a straightforward and transparent manner will impress donors, even when you are saddled with one donor's unsavory practices.

Copyright 2007 Zimmerman Lehman.

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