AMVETS #14 is licensed to conduct charitable instant bingo. The post donated 25% of net profit from the sale of instant bingo to a 501 (c) (3) public charity. AMVETS career Center, Inc. Retained a small portion of the 25% charitable distribution amount. Post used the remaining charitable proceeds for the operation of a career center.
AMVETS #14 is licensed to conduct charitable instant bingo. The post donated 25% of net profit from the sale of instant bingo to a 501 (c) (3) public charity. AMVETS career Center, Inc. Retained a small portion of the 25% charitable distribution amount. Post used the remaining charitable proceeds for the operation of a career center.
AMVETS #14 is licensed to conduct charitable instant bingo. The post donated 25% of net profit from the sale of instant bingo to a 501 (c) (3) public charity. AMVETS career Center, Inc. Retained a small portion of the 25% charitable distribution amount. Post used the remaining charitable proceeds for the operation of a career center.
Office 614-466-3181 Fax 614-466-9788 =*OHIO ATTORNEY GENERAL *= dL\ MIKE DEWINE 150 East Gay Street, 23 rd Floor Columbus, Ohio 43215 www.OhioAttorneyGeneraLgov SETfLEMENT AGREEMENT THIS SETfLEMENT AGREEMENT is made by and between AMVETS Post #14, 276 Dayton Avenue, Xenia, Ohio 45385, Greene County ("AMVETS #14'') and the Ohio Attorney General ("Attorney General',), for the purpose of resolving the Attorney General's concerns with respect to AMVETS #14's use of charitable bingo proceeds. Together, the Attorney General and AMVETS #14 are referred to hereinafter as "the parties." 1. WHEREAS, the Attorney General is responsible for the administration and enforcement of Ohio's Charitable Bingo Law (Ohio Revised Code Chapter 2915 and the Ohio Administrative Code Rules adopted thereunder), Ohio's Charitable Trust Law (Ohio Revised Code 109.23, ct fcq,), and Ohio's Charitable Solicitation Law (Ohio Revised Code Chapter 1716). The Attorney General is also charged at common law to protect charitable trust assets from abuse and to ensure that the proceeds from charitable solicitation are used for intended purposes; 2. WHEREAS, AMVETS #14 is licensed to conduct charitable instant bingo and was required pursuant to Ohio Revised Code 2915.101 to donate 25% of net profit from the proceeds from the sale of instant bingo to a 501 (c) (3) public charity; 3. WHEREAS, AMVETS #14 contracted with AMVETS Career Center, Inc., a 501(c)(3) public charity, for the donation of the post's required 25% charitable instant bingo distribution. AMVETS Career Center, Inc. retained a small portion (approximately 15%) of the 25% charitable distribution amount and then transferred the remaining charitable proceeds back to the post for the operation of a career center located within the post. The post then held the charitable proceeds under trust and was required to use all of the proceeds received from AMVETS Career Center, Inc. to provide career training for veterans of the U.S. Armed Forces. However, not all of the charitable proceeds were used for the intended charitable purposes and post officers did not comply with fiduciary responsibilities with respect to the expenditure of funds; NOW THEREFORE, in consideration of the mutual promises herein expressed, and with intent to be legally bound, the parties agree as follows: 4. AMVETS #14 agrees to distribute all amounts required to be distributed to a 501(c)(3) charity from bingo pursuant to Chapter 2915 of the Revised Code to AMVETS Career Center, Inc., as it is currendy named, on a monthly basis until at least December 31, 2017. AMVETS Career Center, Inc., as it is currendy named, will hold all charitable proceeds and utilize those proceeds for career training and employment assistance for veterans of the U.S. Armed Services. A separate agreement will be executed with AMVETS Career Center, Inc.; 5. AMVETS #14 agrees that all assets in its possession received from AMVETS Career Center, Inc. and currendy set aside or designated for the benefit of career training or employment assistance for veterans, including proceeds held in any account designated for its career center, shall be immediately turned over to AMVETS Career Center, Inc. 6. In return for AMVETS #14's execution of and compliance with this Setdement Agreement, the Attorney General will not take civil or administrative enforcement action against the post with respect to the facts stated in paragraph 3 of this Setdement Agreement. However, should AMVETS #14 fail to comply with the terms of this Setdement Agreement, the Attorney General may consider the facts stated in paragraph 3 and may take any action including administrative action with respect to the post's bingo license or bingo license applications; 7. AMVETS #14 agrees that any evidence of a violation of this Agreement shall be primo facie evidence of the post's violation of the applicable federal laws related to charitable gambling, Ohio Revised Code Chapter 2915, or any related rule adopted under the Ohio Administrative Code, in any subsequent action or proceeding brought by the Attorney General; 8. This Setdement Agreement is binding upon the parties, any and all successors, assigns, subsidiaries, agents, employees, or representatives of the parties or any other affiliates. Any breach of this Setdement Agreement by AMVETS #14 will discharge the Attorney General from any obligations under the terms of this Setdement Agreement; 9. By signing this Setdement Agreement, the Attorney General is not waiving any rights he has to conduct further investigations of AMVETS #14 and to take necessary action for additional violations of law; 10. The parties have read and understand this Setdement Agreement and have entered into the same knowingly, voluntarily, and with the opportunity to gain advice of counsel; 11. This Setdement Agreement is entered into by all parties and may be executed in counterparts or facsimiles, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. It shall be considered binding and effective upon the date of the last signature of all requisite parties and individuals. Page 2 of3 IN WITNESS WHEREOF, the parties to this Settlement Agreement have executed it and/or caused it to be executed by their duly authorized representatives: Approved by: Charles Myers, Commander Date For AMVETS #14 Samuel J. Kirk ill Date Assistant Section Chief For the Ohio Attorney General's Office Page 3 of3 Charitable Law Section Office 614-466-l181 Fax 614-4669788 150 East Gay Street, 2,3n1 Columbus, oWo 43215 www.OhioAttomeyGenetaLgov 'rHIS SErrLEMENT AGREEMENT is made by and between A:tvIVETS Post #17,307 Putnam Street, Sandusky, Ohio 44870, Erie County ("AMVETS #17'') and the Ohio Attorney General ("Attorney General'), (or the purpose of resolving the Attorney Genetal's concerns with respect to AMVETS #17's use of charit-able bingo proceeds. Together, the Attorney General and AMVETS #17 are refetted to hercinafter as the parties." 1. WHEREAS, the Attorney General is t:esponsible fot the administration and enforcement of Ohio's Charitable Bingo Law (Ohio Revised Code Chapter 2915 and the Ohio Administrative Code Rules adopted theteundet), Ohio's Charitable Trust Law (Ohio Revised Code 109.23, It seq,), and Ohio's Charitable Solicitation Law (Ohio Revised Code Chapter 1716). The Attorney General is also charged at cottUllon law to protect charitable trost assets from abuse and to ensure that the proceeds from charitable solicitation are used for intended putposes; 2. WHEREAS, AMVETS #17 is licensed to conduct charitable instant bingo a.nd was required pursuant to Ohio Revised Code 2915.101 to donate 25% of net profit from the proceeds from the sale of imtatlt bingo to a 501 (c)(3) public charity; 3. WHEREAS, AMVETS #17 contracted with AMVETS Career Center, Inc., a 501 (<::)(3) public charity, for the donation of the post's required 25 % charitable instant bingo AMVETS Career Center, Inc. retained a small portion (approxima.tely 1S%) of the 25%) charitable amount and ttansferred the remaining charitable proceeds back to the post for the operation of a career cellter located within the post. The post then held the charitable proceeds under trust and was required to use all of the proceeds received from AMVETS Careex Center, Inc. to provide ca:r.eex training for veterans of the U.S. Armed Forces. However, not all of the charitable pcoceeds wexe used for the intended charitable purposes and post officers did not comply with fiduciary responsibilitie5 with respect to the expendlture of funds; NOW THEREFORE, in consideti1cion ot the mutual promises hereul expressed. and with intent to be legally bound, the parties agree as follows: vOO/ZOO'd lZ-! eel6-99v-vI9 wd09:Z0 E10Z-9l-l0 4. 5. 6. 7. 8. 9. 10. 11. 019-= AMVETS ""17 "'gt's to I\ll amount$ required. to be J;.sttibl,.lt<.1 to ;l. SOl (e){3) ehar.i.ty from bingo pursuant to Chaptet 2915 of the Revised Code to AMVETS Career Center, Inc., as it is cun:ently named, on a monthly basi:; until at lca:lt December 51, 2017. AMVETS Career Ccntc'r, Inc., as it is cuttendy named, will hold all charitable proceeds and utilize those proceeds for career train.ing and employment assistance for veterans of the U.S. Armed Services. A separate agreement will be executed with AMVETS Career Center, Inc.; AMVETS #17 that all assets in its possession received from AMVETS Cateer Center, Inc. and currendy aside or designated for the benefit of career ttaining at employment assistance for veterans, including proceeds held ill any account designa.ted for its career centet, shall be immediately tumed over to AMVETS Career Center, Inc. In rerom for AMVETS #17 execution of and compliance with this Setdement Agreement, the Attomey General will not take ctvll ot administt:acive enforcement action against the post with respect to the facts stated in paragraph 3 of this Sewement Agreement. I-!oWt,'vc.r. should AMVETS #17 fail to comply with the tc.tms of this Settlement Agreement. the Attorney General may consider the facts in pat'agraph 3 and mily take any action including administrative action '\\':ith respect to the post's bingo license ot bingo license applications; AMVETS #17 agrees that any evidence of a violation of this Agreement shall be priflltJ jOlie evidence of the post's violation of the applicable federal laws related to charitable gsunbling, Ohio Revised Code Chapter 2915, or any related rule adopted under the Ohio Administrativc Code, in any subsc<.luent action or proceeding brought by the Attorney Gencral; This Settlement Agteement .is binding upon the parties, any and all a.ssigns, subsidiaries, agents, employees, or representatives of the patties or any other affiliates. Any breach of this Sctdemcl1t Agreement by AMVETS #17 will discharge the Attorney General ftom any obligations under the tenns of this Sewcmcnt Agreement; By signing this; Settlement Agreement, the Attomey General is not waiving allY rights he has to conduct furthc.t investigations of AMVETS #17 and to takc necessary action for additional violations of law; The parties have read and understand this Settlement Agreement alld have entered into the same knowingly, voluntarily. and with the opportunity to gain advice of counsel;. This Settlement Agreement is enteted into by aU and may be executed in countetparts or facsimiles, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. It shall be considered binding and cffeetive upon the date of the signalUre of all requisite parties and individuals. Page 2 of3 lZ-l 88l6-99v-vI9 OIHO-WOJ= WdOg:ZO IOZ-Sl-IO vOO/OO'd IN WlTNBSS WHItEOP, the to this Settlement Agreement havc e:!l:cC1.lteQ it ca\lSCQ it to be executed by melt duly ::luthodzed representatives: Approved by: /-/:2-13 Rance Snyder, Commander l'Jate Fot AMVETS #17 Samuel J Kirk III Date AS$ist::tnt Section Chief Fot the Ohio Attorney General's Office Page 3 of3 vOO/vOO'd lZ-! SSle-99v-vI9 01-16-ZD1S 09:Z8al Frol-OHIO ATTORNEY GENERAL 614-466-9788 T-Z41 P.OOZ/004 F-617 Charitable Law Se(Mn Ofic:r; 614-466-3181 Fax 614-466-9788 150 EaSt Gay Street, 23 m Floor Columbus, Ohio 43215 W\Wt.OhloAttomeyGcnemlgov SElTLBMENT AGRFEMENT THIS SETILF.MENT AGREEMENT is made by and between AMVETS POSt #21. 339 East MciEose Avenue, Findlay, Ohio 45840, Hancock. County C'AMVETS #21'? and the Ohio Attomey General (<<Atromey General"). for me putpose of resolving lhe Attomey General', concerns -with respect to AMVETS #21'$ uSC of cluu:i.tablc bingo proceeds. Together, the Attorney General and AMVETS #21 are referred to hereinlfter all "the parties! 1. WHEREAS, the A.ttomey General is responsible fot the R.dmi.nistratton and enforcement of Ohio',s Charitable Bingo Law (Ohio Revised 2915 and the: Ohio Administrative Code Rules adopted theretl1'ldet), Ohio's Charitable: Trust Law (Ohio Revised Code 109,23. tt SAfJ, and Ohio':J Charitable Solicitation Law (Ohio Revised Code Chapter 1716). The Attomey General is also lit common law to ptotect charitable tm&t assets 6:om abuse and to ensure that the proceeds from charitable solicitation are used for intended pwpO$es; 2. WHEREAS, A:MVETS #21 is Iicen:scd to conduct charirable instant bingo and was required pursuant to Ohio Revised Code 2915.101 to donate 25% of ner profit from the from me sale ofinstant bingo to a. 501(c)(3) public charity; 3. WHEREAS, AMVETS #21 contracted with AMVETS Career Centet. Inc . a 501(c)(3) public chuicy. for the donation of the pO$.rs required 25% charitable instant bingo distribution. AMVETS Career Center. Inc. retained a small portion (appro:Jtimately 15%1) of the 25%\ charitable disttibuoon amount and then transferred the re.rnaiDing charitable proceeds back to the po:!t for the operation of a career center located within the post. The POSt then held the charitable proceeds urukr t:rust and was required to use all of the proceeds received from AMVE."fS CueeJ: Center, Inc. to provide cuee:t training for vc::terans of the U.S. Acned Forces_ HOWCVCI, not all of the charitable proceeds ware used fot the intended charitable putposes and post officers did not comply with fiduciaxy responsibilities teSpect to the e.xpend.i:tI.u:e of funds. NOW THEREFOR, in of the murual promi&e& herein expressed, and with inn:nt to be legally bound. the patties agree as follows; 01-16-2013 09:28al Frol-OHIO ATTORNEY GENERAL 614-466-9788 T-241 P.003/004 F-617 4. AMVETS #21 agrees to distribute all amounts required to be distributed to It 501(c)(3) charity rom bingo pUnluant to Chapter 2!)15 or the Revised Code to AMVETS Career Center, Inc., as it :is currently named, on a monthly balis until. at least December 31, 2017. Al.\{\7E.TS Career Cc:nter, Inc., lI.!I it is atrrendy natned, will hold all cb.a.ritablt! proceeds and utilize those proceeds for career l'l'llining and employment a:lsllsrance Cor vet:etans of the u.s. Armed Services. A sepa.tate will be: executed with AMVETS Career Center, Inc.; S. AMVE'I'S #21 agree:! that all \1.'i5eU in its possession teeei.ved from AMVETS CI'lIttr Center, Inc. and <:Un:ently set aside or designated for the benefit of career training or employment assi:SWlce for veterans, including proceeds held In tny account designated for its career center, shall be immediately rumed over to AMVE:rS Career Center, Inc. 6. In terom for AMVEl'S #21'$ execution of and compliance with this Settlement Apment, the Attorney Gene.ml will not take civ.i1 or administrative enforcement action against rhe post with respect to the facts iltated in paragraph 3 of this Settlement Agreement. However, should AMVETS #21 fail to comply with the termlS of tW$ Settlement Agreement, the Attomey General may consider me facti -stated in paragraph;) and 1Il1ly take any action including administDl.tiv action with respect to the post's bingo lice1lse or bingo license Ilpplkaaons; 7. AMVETS #21 agrees that any evidence of II. violation of dW Agreement shall be prit1I4 fod, evidence of me pogrs violation of the app1ia.ble federal laws rdated ro charitable gmtblmg. Ohio Revised Code Chapter .2915, Of mly related .rule adopted under the Ohio A<.tn:Uni&m.tive Code, in any lIubsequent action or proceeding brought by the Attorney General; 8. This Settlement Agreement iii binding upon the parries, any and all SUCCtlisors, assigns, subsidiaries. agent\!, employees, ot tepresentativcs of the parties or any other affiliates. Any breach of this Settlement Agreement by AMVETS #21 will dischatge the Attorney General from any obligations under the tettnS of this Settlement Agreemtlnt; 9. By signing this Senkmcnt Agreement, the Anomey Gene.ml is not waiving any rights he baa to co.llduct fw:Ther of AMVETS #21 and to take nect::isary action for additional violations oflaW; 10. Tbe pact:ies have road and unclmlr.and rhill Settlement Agreement and ha.ve entered into the same knowingly, voluntarily, and with the opporrunity to gain advit;e of counsel; 11. This Settlement Agreement' is entered into by aU patties and may be executed in counterpartS Or facsimiles. each of which shall be deemed 2Il original. but all of which shall constitute one and the 8ame instrume.nt. It: shall be considered binding and effective upon the date of the last signature of allcequisite patties and :individUAls. 614-466-9789 T-241 P.004/004 F-61T 01-16-201$ 09:28al Frol-OH10 ATTORNEY GENERAL IN WITNESS Wf:lERBOF. the parties to this Settlement Agreement have executed it and!or caused it to be eueuted by their duly authorized representatives: Approved by: ~ ~ ~ p a 1 3 Bob Driltmyc:.r. Commander Date For AMVETS #21 Samuel]. Kirk ill Date Assistant Section Chief For rhe Ohio Attomey General'll Office Page 3 of3 I '''III ...... IIOJ ('\11\.1''' .... ' \01:_,'",""'" Charitable Law Section Office 614-466-3181 Fax 614-46M:l788 150 East Ga.y Stteet, 23 14 Floor Columb\iS, Ohio 43215 www.Obio.\n:omcyGencral.gov SElJ1.EMENT AGREEMENT THIS SE1TLEMENT AGRF_.EMENT is made by and betw'een AMVETS Post #22, 1517 State Route 60, Vetmilion, Ohio 44089, Lorain County ("AMVETS #22") and the Ohio Attorney General ("Attorney General',), fo:r the purpose of resolving the Attorney General's concerns with respect to AMVETS #22'$ use of charitable bingo proceeds. Together, the AttoIney General and AMVETS #22 are referred to hereinafter as "the parties." 1. WHERF.AS, the Attorney General is responsible for the administration and enforcement of Ohio's Charitable Bingo J....aw (Ohio Revised Code ChapLer 2915 and rhe Ohio Adt:rUrllstrative Code Rules adopted thereunder), Ohio's Charitable Trust Law (Ohio Revised Code 109.23, el seq,), and Ohio's Charitable Solicitation Law (Ohio Revised Code Chaptet 1716). The Anomey General is also charged M commOn law to protect charitable rtu:>t aSsets from abuse and ro ensure.: that the proceeds from charitable solicitation are used for intended purposes; 2. WHEREAS, AMVETS #'12 is licensed to conduce charitable instant bingo and was required pursuant to Ohio Rc:v:iscd Code 2915.101 to donate 25% of net profit from the proceeds from the sale of inStant bingo to a 501 (c)(3) public charity; 3. WHEREAS, AMVETS #22 contracted with AMVETS Career Cenret, Inc., a 501(c)(3) public charity, for the donation of the post's required 25% charitable instant bjogo distribution . .AMVETS Career Center. Inc. retained a small portion (approximatdy 15%) of the 25% charitable distribution amOWlt and then ttansfezrcd the remaining charitable prO(;ccds back to the post for the operation of a career center located within the posr. '!he post then hdd the charitable under trust and was required to use all of the proceeds received from AMVETS Career Center, Inc. to provide career training for of the U.S. Armed Forces. However, not all of the charitable proceeds were u\\ed for the inttndcd charitable puxposes and post officers did not comply with fiduci.a.ry responsibilities with respect to the expenditure of funds; NOW 1'1-:IER.EFORE, in cotUideration of the mutual promises herein explessed, and with intent to be legally bound, the partie:; agn:c as follows: ""1'''' nIIVI\I'_1 ",,,,,,_,,". 4. AMVETS #22 agrees to distribute all amount:> required to be distributed to a 501 (c)(3) charity from bingo pursuant to Chapter 2915 of the Revised Code to AMVETS Career Center, Inc., as it is currently named, on a monthly basi$uncit at leasr December 31, 2017. AMVETS Career Center, Inc., as it is cunendy named, will hold all charitable pwcccds and utilize those proceeds for career train.ing and employment for vetenns of the: U.S. Armed Ser'lrices. A separate agreement will be executed with AMVETS Career Center, Inc.; 5. ,AMVETS #22 agrees that all assets in its possession received from AMVETS Cared: Center, Inc. and currendy sef aside Or designated for the benefit of carc:er training or employment &ss.ll;tancc for veterans, including pwceed$. held in any account designated for career center, shall be immediately turned over to AMVE.TS Cateer: Center, Inc. 6. In return for AMVTS #22's execution of and complimce with tills Secdement Agreement, the Anomey General will not take civil or administrative roforcement action against the post with respecr to the Cact:; stated in pru:2graph 3 of this Seulem.ent Agreement. However, should AMVETS #22 fail to comply with the terms of this Settlement Agreement. the Anorney General may consider the facrs stared in paragraph 3 and may take any action including adm.i.nistrative action with respect {O the post's bingo license Or bingo license applications; 7. AMVETS #22.. agrees that any c:vidcnce of a violation of this Agreement shall be prima fade. evidence of the post's violation of the applicable fcdcr.a1 laws related to charitable: gambling, Ohio R.cvlscd Code Chapter 2915, or any related rule adopted under the Ohio AdministIative Code, in any subsequent action or proceeding btought by the Anomey General; 8. nus Settlemenr Agreement is binding upon the patties. any and all Successors. il.$s1gns. subsidiaries, agenu, employees, Ot representatives of the parties or oilier affiliates. Any breach of this Settlement Agreement by AMVETS #22 will discharge the Attorney Genen1 from any obligations under the terms of th.i.s Seule:ment Agreement; 9. By signing this Settlement Agteement. the Attorney General is not any rights he has to conduct further investigations of AMVETS #2.2 and to take necessary action fot additional violation$ of law; 10. 'me parties have read lind understand this Settlement Agreement and have enrered into the same knowingly, voluntarily, and with the opportunity to gain advice of counsel; 11. This Settlement Agreement is entered into by all parties lind may be executed in counterpa.rta Or facsimiles, each of which shall bc dct.omeci an original, but all of which shall constitute one and the instrument. Ir shall be considered binding and effective upon the date of the last signature of all requisite parties and individual:;. Page 2 of3 IN WITNESS WHEREOF. the patties to this Settlement Agreement have exet:uted it and/or caused it to be executed by dleir duly authorized representatives: Approved by: Arr Shull, Commander Pate For AMVE'I'S #22 Samuel J, Kirk III Date Assistant Section Chief For the Ohio Attorney General's Office Page 30f3 p.1 Feb 0513 06:17p Amvets Post 24 9372287885 Charitable Law l-iectiQtl Office 614-466-31B1 Fax 614-+66-9788 150 East Gay Street, 23,d Floo! Columbus, Ohio 43215 www.OhiaA1totrlcyGeneral.gov AGREEMENT THIS SETfLEMENT AGREEMENT is made by and between i\MVETS Post #24, 1016 Leo Street, Dayton, Ohio 45404. Montgomery County ("...'\1vIVETS #24") and the Ohio Attorney Geru::ral ("Attorney General''), for the purpose of resolving the Attorney General's concerns with respect to MIVETS #24'5 use of charitable bingo proceeds. Together, the Atto.mcy General and A1-fVETS #24 arc referred to hereinafter as "the parties." 1. WHEREAS, me Attomey General is responsible for me admi.ni.suati.on and enforcement of Ohio's Char:itable Bingo Law (Ohio Revised Code Olapter 2915 and the Ohio Administrauve Code Rules adopted thereunder), Ohio's Charitable Trust Law (Ohio Revised Code 109.23, et J'eq.). and Ohio's Charitable Solicitation Law (Ohio Revised Code Chapter 1716). The Attorney General is also charged at common law to protect charitable ttust assets from abuse and to ensure tbat the proceeds from charitable solicitation are used for intended purposes; 2. WHEREAS, .-\J."\i1VETS #24 is licensed to conduct charitable instant biogo and required pursuant to Ohio ReVised Code 2915.101 to donate 25% of net profit from the proceeds from the sale of instant bingo to a 501 (c)(3) public charity; 3. W1-IEREi\S. AMVETS #24 contracted with l\J\.fVETS Career Center, Inc., a 501 (c}(3) publie charilY. for the donation of the post's l'equired 25% charitable ins[ant bingo disttiburlon. AMVETS Career Cenrer, Inc. retained a slmill portion (approximately 15"/0) of tile 25% charitable distribution amount and then transferred the .remaining charitable proceeds back to the post for the operation of a career center located within the post. The post then heJd the charitable proceeds UXlder trust and was requited to '.lse aU of the proceeds received from AMVETS Career Center, Inc. to pro,<-ide career training for veter2n5 of the U.S..Armed Forces. However, not aU of the charitable proceed5 were used for the intended charitable purposes and post officers did not comply with fiducial}' responsibilities with respect to the expenditure of funds; NOW THEREFORE. in consideration of the mutual promises he.tein eJ..-pressed. and with intent to be legally bound, the parties agree as follows: Received 02-05-2013 06:25pm From-93722B7885 To-OHIO ATTORNEY GENERA Pa,e 001 p.2 Feb 0513 06:17p Amvets Post 24 9372287885 4. AMVETS #24 agrees 1:0 distribute all axnounts required to be distributed to 3 SOl(c)(3) charity from bingo pursuant to Chapter 2915 of the Revised Code to AMVETS Career Cemer. Inc., as ic .is currently named, on a monthly basis until at least December 31, 2017. AMVETS Career Center. 10<:., as it is cUIrently named, will hold all charitable proceeds and utilize those proceeds for career training and employment assistance for veterans of the U_S_ Armed Ser\r1ces. A separate agceement will be executed with AMVETS Caxeer Center. 5. AM\lETS #24 agrees that all assets in its possession received from AMVETS Ca.tec.t Ccotct, Inc_ and currently set aside or designllted for the bcocfit of career training or employment assistance for veterans., induding p.toceeds held in any account designated for its career center, shall be immediately turned over to At.'\-IVETS Career Center, Inc. 6. In retum for Al\.fVETS #24'5 execution of compliance ,with this Settlement Agreement, the Attorney General will not take civil or adm.inis1:.t'ative enforcement action against me post with respect to the facts stated in paugtaph 3 of chis Settlement Agreement_ However, should AMVETS #24 fail to comply with the terms of tl'lis Settlement Agreement, the Attorney General may consider the facts stated in paragraph 3 and may take any action including administrative accion '<I,'1.th respect to the post's bingo license or bi.1go license applicarion5; 7. AMVETS #24 agrees that any evidence of Ii!. violation of this Agreement shall be prima 1...'1(/ evidence of the post's ,,-iolation of me applicable federal laws related to charitable gambling, Ohio Revised Code Chapter 2915, or any related rule adopted under the Ohio Adm.inistrativC'; Code, in \lny subsequent action 01: proceeding brought by tbe Attorney General; g. This Settlement Agreement is binding upon the parties, any and all successors, assigns, subsidiaries, agents, employees, or representatives of the patties or any other affiliates. Any breach ofthis Settlement Agreement by AMVETS #24 will discharge the Attorney General from lInyobligations under the terms of this Settlement Agreement; 9. By signing this Settlement Agreement, the Attorney General is not waiving any rights he has to conduct further investiga.tions of AMVETS #24 and to take necessary action for additional violations of L1.w; 10. The parties have .r:ead and understand this Settlement Agreement and have entered into the same knowingly, voluotaril)c, and with the to gain advice of couflsc4 11. This Settlement Ag.r:cement is entc.r:cd into by all parties and may be executed in counterparts or facsimiles, each of which shall be deemed an original., but all of which shall constitute one and the same instrument. It shall be considered binding and effective upon the date of the last sign1lture of all requisite parties and individuals. Page 2 of3 Received 02-05-2013 06:25pm From-9372287885 To-OHIO ATTORNEY GENERA Page 002 p.3 Feb 0513 06:17p Amvets Post 24 9372287885 IN \VLTNESS \1(;'HEREOF, the parries to this Settlement Agreement have e.'tecuted it and/or caused it to be executed by their duly authorized representatives: Approvc:d by: /- 12 - 2CJ13 Patrick Rowley, Commander Date For A.MllETS #24 ~ - . 2 2 - / 3 Samuel J. Kirk III Date Assistant SCt::tiOD Chief For me Ohio Attorney General's Office Page 3 of3 Received 02-05-2013 06:25pm From-9372287885 To-OHIO ATTORNEY GENERA Page 003 Charitable Law Section Office 614-466-3181 Fax 614-466-9788 Eft Mum DEWINE * OHIO ATTORNEY GENERAL * 150 East Gay Street, 23'" Floor Columbus, Ohio 43215 www.OhioAttomeyGeneral.gov SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT is made by and between AlvfVETS Post #25,1954 Kenton Street, Springfield, Ohio 45505, Clark County ("AMVETS #25') and the Ohio Attorney General ('?Ittorney General''), for the purpose of resoh;l:ng the Attorney General's concerns with respect to Al\WETS #25's use of charitable bingo proceeds. Together, the Attorney General and Al\WETS #25 are referred to hereinafter as Hthe parties." 1. WHEREAS, the Attorney General is responsible for the administration and enforcement of Ohio's Charitable Bingo Law (Ohio Revised Code Chapter 2915 and dIe Ohio Administrative Code Rules adopted thereunder), Ohio's Charitable Trust Law (Oluo R e ~ ; s e d Code 109.23, et seq,), and Ohio's Charitable Solicitation Law (Ohio Revised Code Chapter 1716). The Attorney General is also charged at common law to protect charitable trust assets from abuse and to ensure that the proceeds from charitable solicitation are used for intended purposes; 2. WHEREAS, Al\WETS #25 is licensed to conduct charitable instant bingo and was required pursuant to Ohio Revised Code 2915.101 to donate 25% of net profit from the proceeds from the sale of instant bingo to a 501 (c) (3) public charity; 3. WHEREAS, AMVETS #25 contracted with AMVETS Career Center, Inc" a 501(c)(3) public charity, for the donation of dIe post's required 25% charitable instant bingo distribution. AMVETS Career Center, Inc. retained a small portion (approximately 15%) of the 25% charitable distribution amount and then transferred the remaining charitable proceeds back to the post for the operation of a career center located within the post. The post then held the charitable proceeds under trust and was required to use all of the proceeds received from AMVETS Career Center, Inc. to provide career training for veterans of the U.S. Armed Forces. However, not all of the charitable proceeds were used for the intended charitable purposes and post officers did not comply with fiduciary responsibilities with respect to the expenditure of funds; NOW THEREFORE, in consideration of the mutual promises herein expressed, and with intent to be legally bound, the parties agree as follows: 4. AMVETS #25 agrees to distribute all amounts required to be distributed to a 501(c)(3) charity from bingo pursuant to Chapter 2915 of the Revised Code to AMVETS Career Center, Inc., as it is currently named, on a monthly basis until at least December 31, 2017. Career Center, Inc., as it is currently named, will hold all charitable proceeds and utilize those proceeds for career trairUng and employment assistance for veterans of the U.S. Armed Services. A separate agreement will be executed with AMVETS Career Center, Inc.; 5. AJ\1VETS #25 agrees that all assets in its possession received from AMVETS Career Center, Inc. and currently set aside or designated for the benefit of career training or employment assistance for veterans, including proceeds held in any account designated for its career center, shall be immediately turned over to AMVETS Career Center, Inc. 6. In return for AMVETS #25's execution of and compliance with this Settlement Agreement, the Attorney General will not take civil or administrative enforcement action against the post with respect to the facts stated in paragraph 3 of this Settlement Agreement. However, should AMVETS #25 fail to comply with the terms of this Settlement Agreement, the Attorney General may consider the facts stated in paragraph 3 and may take any action including administrative action with respect to tlle post's bingo license or bingo license applications; 7. AMVETS #25 agrees that any evidence of a violation of this Agreement shall be prima fade evidence of the post's violation of the applicable federal laws related to charitable gambling, Ohio Revised Code Chapter 2915, or any related rule adopted under the Ohio Administrative Code, in any subsequent action or proceeding brought by the Attorney General; 8. This Settlement Agreement is binding upon the parties, any and all successors, assigns, subsidiaries, agents, employees, or representatives of the parties or any other affiliates. Any breach of this Settlement Agreement by AJ\1VETS #25 will discharge the Attorney General from any obligations under the terms of this Settlement Agreement; 9. By signing this Settlement Agreement, the Attorney General is not waiving any rights he has to conduct further investigations of AMVETS #25 and to take necessary action for additional violations of law; 10. The parties have read and understand this Settlement Agreement and have entered into the same knowingly, voluntarily, and with the opportunity to gain advice of counsel; 11. This Settlement Agreement is entered into by all parties and may be executed in counterparts or facsimiles, each of which shall be deemed an original, but all of which shall constitute one and the same instrument It shall be considered binding and effective upon the date of the last signature of all requisite parties and individuals. Page 2 of 3 IN WITNESS the parties to this Settlement Agreement have executed it and!or caused it to be executed by their duly authorized representatives: Approved by: 17, 20/3 I Sam Pierce, Commander Date For AMVETS #25 -;3 Samuel J. Kirk III Date Assistant Section Chief For the Ohio Attorney General's Office Page 30f3 Olr16-201S 11:04am From-OHIO ATTORNEY GENERAL 614-466-9788 T-24S P.002/004 F-620 Charitable Law Section Office 614-466-3181 f'ax 614-466-9788 150 li.a:lt Gay Street, 23'" Floor Columbus, Ohio 43215
"GREEMENL' THIS SETILEMENT AGREE.MENT is made by and between AMVE'fS Poo[ #26. 1100 West Fourth Street, Mansfield, Ohio 44906. Richland County ("AMVETS #26') and the Ohio Attomey General General"), fOJ: the purpose of resolving rile Attomey Gcnernl's concerns with tespect to AMVTS #26'8 use of charitable bingo proceeds. Together, the Attorney General and AMVETS #26 are t:efer:red (Q hereinafter as "the parties!' 1. WHEliEAS, the Attomey Gene.tal is mtpon:riblc: for the administration and enforcement of Ohio's Charitable Bingo Law (Ohio Revised Code Chapter 21)15 :and the Ohio Admini:it:rativc Code Rules adopted thereunder), Ohio's Chatitable TnlSt Law (Ohio Revised Code 109.23. e1 seq,), and Ohio', Charitable Solicitation Law (Ohio Revised Code Chapter 1716). The Attorney General is also charged at common law to protect: charitable ttUSt lS8ets from abuse and to ensure that the proceeds &om chari:rable soliciration are used for intended PUlpOSeil; 2. WHEREAS, AMVETS #26 is licensed to conduct charirable instant bingo and was required putiiuanr [0 Ohio Code 2915.101 to donate 25% of net prOfit froxn the proceeds from t.he sale of instant bingo ro a 501(c) (3) pllblic charity; 3. AMVETS #26 contracted with AMVT$ Caree.J." CenteI. Inc., 11 501(c)(3) public charity, for The donation of the post's req'l.l.irt!d 25%1 dw:imble instant bingo distribution. AMVETS Careet Center, Inc. retained a small portion (approximately 15%) of che 25% charitable distribution amount and then mmsfetted the remaining charitable proceeds back to the pOi!t for the opc.ration of a career cenrer located wirhin the post. 1lu: post then held the charitable proceed:; onder trUSt and was rcquirc..>d to use all of the proceeds receivL'<i fi:om AMVE1"S Career: Center, Inc. to provide career trftining for veterans of the U.s. Armed FOIces. However, nor ill of !he chanmble proceeds were used for the intL"flded charilllble purposes lind post officers did not comply with fiduciary .responsibilities with respect to the expe.nditw:e of funds; NOW THEREFORE, mcon:Udc::ration of the mutllill pr:om.i$e$ herein expressed, and with intent to be legally bound., the patties agree as follows: 11 :04am From-OHIO ATTORNEY GENERAL 614-466-9788 T-24S P.003/0D4 F-620 4. AMVETS #26 agrees to distribute all amounts required to be distcibured to a 501(c)(3) chcity from bingo pursuant to Chapter 2915 of the Revised Code to AMVETS Career Cmte!; Inc. as it is currcndy named, on a monthly basis until at least December 31, 2017. AMVETS Cueer Center, Inc., as it is cu.rrendy named. will hold all clw:itab1e proceeds and mi1i2e those proceeds fot career training md employment assistance for veterans of the U.S. Armed Services. A st.'Par..lte stgreement wi1J be executed v.ri.th AMVETS Career Cc::nter, fnc.; 5. AMVETS #26 agree:! thar all assets in its posses:!.lon received fi:om .AMVETS Career Cenrer, Inc. and cutrently set: aside 01' designated fot the benefit of career rraining or employment assistance for vetet:u1!l, including proceeds held in :any accounr de:rignated for its ca-ceer center, shall be immeruatdy tumed over to AMVETS Career Center, Inc. 6. In retum for AMVETS #26'$ execution of and compliance with this Settlement Agreement, the Attorney General will not take civil 01' administrative enforcement action against: the post with reilpecr to me faas stated in paragraph 3 of this Settlement Agreetnent. However, should AMVETS #26 fail w comply with the terms of this Settlement Agreement, the Anomey General may consider the facts stated in paragraph 3 and may take any action including administrative action with respect to the post's bingo license or bingo license applications; 7. AMVE'IS #26 agrees that any evidenc:;c of 11 violation of this Agreem.c::nt shall be prima jildd evidence of the POSt's violation of the applicable fedeJ:lll law> relucd to charitable gambling, Ohio Revised Code Chapter 2915, ot' any related rule adopted under the Ohio Administrative Code, in any subsequent action or proceedi.ng brought by the Attomcy General; S. This Settlement t\greemenf is binding upon the parties, any and all assigns, :mbsidiarics, agents, employees, or representatives of the parties or any other afE.liatc!s. Any breach of this Setdement Agn:c:mcnt by AMVETS #26 will discharge the Attorney General from any obligations under me of this Scttlcment Agreement; 9. By signing this St..'ttlement Agreement, the Anorney General ill not waiving any nght$ he has to (':onciuct wl:[her invenigations of AMVETS #26 and to rake necessary action for additional violations of law; 10. lbe parries have .read and understand this Settlement: Aweemen[ and have entered imo the same knowingly, voluntarily, and with the oPPOrrunity to gain advice of counsel; 11. 'Ibis Settlement Agree:m.ent is enteted intO by all partics and may be cxCQ.lced in cOUIltcrpara Ot facsimiles, each of which shall be deemed an original, but all of which shall consotute one and the :lame instrum.c:m. I[ sh:aJI be binding and effective upon tbe dare of the last signature ofall requisite paxti.es and individual:!. Page 2 o3 11 :05am From-OHIO ATTORNEY GENERAL 614-466-9798 T-249 P.004/004 F-620 IN WTINESS WHEREOF, the parries TO rbis Settlement Agreement have cxecuted it and/or caused it to be executed by their duly authorized representatives: Approved by:
/- I 7 - -:l 013 Donald Robson, CO!D.Il:Uifider Date: For AMVETS #26 Samuel1- Kirk III Dare Assistant Section Chief For the Ohio Attorney Gcnernl's Office Page 3 on Charitable Law Section Office 614-466-3181 Fax 614-466-9788 ~ M l K E DEWINE ~ * OHIO ATTORNEY GENERAL * 150 East Gay Street, 23,d Floor Columbus, Ohio 43215 www.OhioAttomeyGeneral.gov SETILEMENT AGREEMENT THIS SETTLEMENT AGREEMENT is made by and between AMVETS Post #27, 235 East Galen Street, Bucyrus, Ohio 44820, Crawford County ("AMVETS #27") and the Ohio Attorney General ("Attorney General',), for the purpose of resolving the Attorney General's concerns with respect to AMVETS #27's use of charitable bingo proceeds. Together, the Attorney General and AMVETS #27 are referred to hereinafter as "the parties." 1. WHEREAS, the Attorney General is responsible for the administration and enforcement of Ohio's Charitable Bingo Law (Ohio Revised Code Chapter 2915 and the Ohio Administrative Code Rules adopted thereunder), Ohio's Charitable Trust Law (Ohio Revised Code 109.23, et seq,), and Ohio's Charitable Solicitation Law (Ohio Revised Code Chapter 1716). The Attorney General is also charged at common law to protect charitable trust assets from abuse and to ensure that the proceeds from charitable solicitation are used for intended purposes; 2. WHEREAS, AMVETS #27 is licensed to conduct charitable instant bingo and was required pursuant to Ohio Revised Code 2915.101 to donate 25% of net profit from the proceeds from the sale 0 f instant bingo to a 50 1 (c) (3) public charity; 3. WHEREAS, AMVETS #27 contracted with AMVETS Career Center, Inc., a 501(c)(3) public charity, for the donation of the post's required 25% charitable instant bingo distribution. AMVETS Career Center, Inc. retained a small portion (approximately 15%) of the 25%l charitable distribution amount and then transferred the remaining charitable proceeds back to the post for the operation of a career center located within the post. The post then held the charitable proceeds under trust and was required to use all of the proceeds received from AMVETS Career Center, Inc. to provide career training for veterans of the U.S. Armed Forces. However, not all of the charitable proceeds were used for the intended charitable purposes and post officers did not comply with fiduciary responsibilities with respect to the expenditure of funds; NOW THEREFORE, in consideration of the mutual promises herein expressed, and with intent to be legally bound, the parties agree as follows: 4. AMVETS #27 agrees to distribute all amounts required to be distributed to a 501(c)(3) charity from bingo pursuant to Chapter 2915 of the Revised Code to AMVETS Career Center, Inc., as it is currently named, on a monthly basis until at least December 31, 2017. AMVETS Career Center, Inc., as it is currently named, will hold all charitable proceeds and utilize those proceeds for career training and employment assistance for veterans of the U.S. Anned Services. A separate agreement will be executed with AMVETS Career Center, Inc.; 5. AMVETS #27 agrees that all assets in its possession received from AMVETS Career Center, Inc. and currently set aside or designated for the benefit of career training or employment assistance for veterans, including proceeds held in any account designated for its career center, shall be immediately turned over to AMVETS Career Center, Inc. 6. In return for AMVETS #27's execution of and compliance with this Settlement Agreement, the Attorney General will not take civil or administrative enforcement action against the post with respect to the facts stated in paragraph 3 of this Settlement Agreement. However, should AMVETS #27 fail to comply with the terms of this Settlement Agreement, the Attorney General may consider the facts stated in paragraph 3 and may take any action including administrative action with respect to the post's bingo license or bingo license applications; 7. AMVETS #27 agrees that any evidence of a violation of this Agreement shall be prima facie evidence of the post's violation of the applicable federal laws related to charitable gambling, Ohio Revised Code Chapter 2915, or any related rule adopted under the Ohio Administrative Code, in any subsequent action or proceeding brought by the Attorney General; 8. This Settlement Agreement is binding upon the parties, any and all successors, assigns, subsidiaries, agents, employees, or representatives of the parties or any other affiliates. Any breach of this Settlement Agreement by AMVETS #27 will discharge the Attorney General from any obligations under the tenns of this Settlement Agreement; 9. By signing this Settlement Agreement, the Attorney General is not waiving any rights he has to conduct further investigations of AMVETS #27 and to take necessary action for additional violations of law; 10. The parties have read and understand this Settlement Agreement and have entered into the same knowingly, voluntarily, and with the opportunity to gain advice of counsel; 11. This Settlement Agreement is entered into by all parties and may be executed in counterparts or facsimiles, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. It shall be considered binding and effective upon the date of the last signature of all requisite parties and individuals. Page 2 of3 IN WITNESS WHEREOF, the parties to this Settlement Agreement have executed it and/or caused it to be executed by theit duly authorized representatives: Approved by: Date For AMVETS #27 SamuelJ. Kirk III Date Assistant Section Chief For the Ohio Attorney General's Office Page 3 of3 Charitable Law Section Office 614-466-3181 Fax 614-466-9788 o MIKE DEWINE V' * OHIO ATTORNEY GENERAL * , ~ = = = 150 East Gay Street, 23 ru Floor Columbus, Ohio 43215 www.OhioAttorneyGeneral.gov SETILEMENT AGREEMENT THIS SErrLEMENT AGREEMENT is made by and between AMVETS Post #31, 2943 Park Avenue West, Mansfield, Ohio 44906, Richland County ("AMVETS #31") and the Ohio Attomey General ("Attomey Generaf'), for the purpose of resolving the Attorney General's concerns with respect to AMVETS #31's use of charitable bingo proceeds. Together, the Attorney General and AIY1VETS #31 are referred to hereinafter as "the parties." 1. WHEREAS, the Attorney General is responsible for the administration and enforcement of Ohio's Charitable Bingo Law (Ohio Re-v-ised Code Chapter 2915 and the Ohio Administrative Code Rules adopted thereunder), Ohio's Charitable Trust Law (Ohio Revised Code 109.23, et seq,), and Ohio's Charitable Solicitation Law (Oh.io Revised Code Chapter 1716). The Attorney General is also charged at common law to protect charitable trust assets from abuse and to ensure that the proceeds from charitable solicitation are used for intended purposes; 2. WlIEREAS, AMVETS #31 is licensed to conduct charitable instant bingo and was required pursuant to Ohio Revised Code 2915.101 to donate 25% of net profit from the pmceeds from the sale of instant bingo to a 501 (c)(3) public charity; 3. WHEREAS, AMVETS #31 contracted with AMVETS Career Center, Inc., a 501(c)(3) public charity, for the donation of the post's required 25% charitable instant bingo distribution. AIY1VETS Career Center, Inc. retained a small portion (approximately 15%) of the 25% charitable distribution amount and then transferred the remaining charitable proceeds back to the post for the operation of a career center located within the post. The post then held the charitable proceeds under trust and was required to use all of the proceeds received from AIY1VETS Career Center, Inc. to provide career training for veterans of the U.S. Armed Forces. However, not all of the charitable proceeds were used for the intended charitable purposes and post officers did not comply with fiduciary responsibilities with respect to the expenditure of funds; NOW THEREFORE, in consideration of the mutual promises herein expressed, and with intent to be legally bound, the parties agree as follows: 4. AMVETS #31 agrees to distribute all amounts required to be distributed to a SOl(c)(3) charity from bingo pursuant to Chapter 2915 of the Revised Code to AMVETS Career Center, Inc., as it is currently named, on a monthly basis until at least December 31, 2017. l\MVETS Career Center, Inc., as it is currently named, ",ill hold all charitable proceeds and utilize those proceeds for career training and employment assistance for veterags of the U.S. .AImed Services. A separate agreement will be executed with Ar."fVETS Career Center, Inc.; 5. AMVETS #31 agrees that all assets in its possession received from AMVETS Career Center, Inc. and currently set aside or designated for the benefit of career training or employment assistance for veterans, including proceeds held in any account designated for its career center, shall be immediately turned over to AMVETS Career Center, Inc. 6. In return for AI'vfVETS #31'8 execution of and compliance with this Settlement Agreement, the Attorney General will not take civil or administrative enforcement action against the post 'with respect to the facts stated in paragraph 3 of this Settlement Agreement. However, should AMVETS #31 fail to comply with the terms of this Settlement Agreement, the Attorney General may consider the facts stated in paragraph 3 and may take any action including administrative action with respect to the post's bingo license or bingo license applications; 7. AMVETS #31 agrees that any evidence of a v'lolation of tius Agreement shall be prima fade evidence of the post's violation of the applicable federal laws related to charitable gambling, Ohio Revised Code Chapter 2915, or any related rule adopted under the Ohio Adnilnistrative Code, in any subsequent action or proceeding brought by the Attorney General; 8. This Settlement Agreement is binding upon the parties, any and all successors, assigns, subsidiaries, agents, employees, or representatives of the parties or any other affiliates. Any breach of this Settlement Agreement by AMVETS #31 will discharge the Attorney General from any obligations under the terms of this Settlement Agreement; 9. By signing tlus Settlement Agreement, the Attorney General is not waiving any rights he has to conduct further investigations of AMVETS #31 and to take necessary action for additional violations of law; 10. The parties have read and understand this Settlement Agreement and have entered into the same knowingly, voluntarily, and with the opportunity to gain advice of counsel; 11. This Settlement Agreement is entered into by all parties and may be executed in counterparts or facsinllles, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. It shall be considered binding and effective upon the date of the last signature of all requisite parties and individuals. Page 2 of 3 IN \X'ITNESS WHEREOF, the parties to this Settlement Agreement have executed it and!or caused it to be executed by their duly authorized representatives: Approved by: Thomas Lovelace, Commander Date For AMVETS #31 Samuel J. Kirk III Date Assistant Section Chief For the Ohio Attorney General's Office Page 3 of3 4 02-01-2QI3 03:46pm From-oHfO ATTORNEY GENERAL 614-466-9788 T-280 P.002/004 F-705 Charitable Law Section 614-4663181 Fax 614-466-9788 MIKE DEWINE -_............. w OHIO ATTO.RNEY GENeRAL -/( = 150 Ealit Gay Streer, 23 n1 Floo..: Colw:n.bus, Ohio 43215 www.OhioArromqGeneral.gov 1 5 /J " .../ SETTLEMENT AGltEE'MENT ," . THIS SETTLF....M:E.NT AGREEME.J..'IT .is made by and between AMVEl'S POSt #32, nOS7 S. M'.iddlc A\TeDue. Elyria OH 44035, Lorain County ("AMVETS #32") and the Ohio Attomey Genetal ("Attomey General"), for the pw:posc of teSolving the Attomey GeneraYs concem.:i with respect to AMVETS #32'5 use of charitable bingo proceeds. Togrther. the Attomey Geneta1 and AM:VETS #32 are referred to hereinafter as "me parties." 1. WHEREAS. the Arromey General iii responsible fot: the Ildministmtion and enfottemem of Ohio's Charitable Bingo Law (Ohio Revised Code Chapter 2915 and the Ohio Adtninistrative Code Rules adopted the.rC!UIlder), Ohid:s Chatitable Trust Law (Ohio Revised Code 109.23. 81 and Ohio's Charitable Solicitation Law (Ohio Revised Code Chapter 1716). The .Anomcy General is also charged at co:cnmon law to protect charitable tnl-St assetS from abuse and to ensure that the proceeds from chaciublc solicitation are used fot intended pus:poses; WHEREAS, AMVETS #32 is lict.'nsed to conduct charimble instant bingo and was J:equited pursuant to Ohio Rev-ised Code 2915.101 to donate 25% of ner profit from. the proceeds from the siUe of in:stant bingo to a 501 (c) (3) public charity; 3. 'Wl-IER.EAS. AMVETS #32 contraCted with AMVE1'S Career Center, Inc.> a. 501(c)(3) public charity, for the dongtion of the post's requited 25% ChariOlble instant bingo distribution. AMVETS Carcc.-r Center, Inc. retained a small pO.trion (approximately 15!Vo) of the 25% charitable amounr and men tnIlsfeued tht' :remaining chacit'llb1c proceeds back to the po:!t for the operation of II. career cemer located within rhe pOllt. The post then held the charitable proct!eds under trust lUld WlI.$ required to use all of the proceeds received from AMVETS Career Center, Inc. [0 provide career rr.Uning for vereraI1S of rhe u.s. Armed Forces. However. not all of the charitable were used fof' the intended charitable purposes and post officers did not comply with fiduciary responsibilities with to me expenditure of funds; NOW THEREFORE. in cont.idcn'cion of rhe:: mutUal promises herein expressed, and with intent to be legally bound, the parties agree as follows: 02-01-2aI3 03:47pm From-OHIO ATTORNEY GENERAL 614-466-978& T-280 P.003/004 F-705 4. AMV}";;YfS #52 agrees to distribute all amounts required to be disll:ibuted to a 501(c)(3) charity from bingo putsuant to Chapter 2915 of the Revised Code to AMVETS Cur Center, Inc., as it is cw:rently named. on a monthly until at least Oecember 31, 2017. AMVETS Cateet Cenrer, Inc., tiS it is currently named, will hold all charimble proceeds and uti1i::e thO:iC proceeds for career ttaining and employment assistance (or veterans of the U.S. ..I\m:led Services. A sepanlte agreerneut will be executed widl AMVETS Career Center, Inc.; 5. _1\...'\fVETS #32 agrees that all assets in its possession received from AMVETS Career Center. Inc. and cu.n-endy llcr aside Or designated for the benefit of career a:aining or employment assistance for veterans, including proceeds in any account designated for i.ts c.arca cenrer, shall be immediately turned over to AMVETS Career Cmter, Inc:. 6. In retum for J\MVETS #32's eXecution of and cQ.Qlpliance with this Settlement Agreement, Attomey General will not take civil or administrative enfo.rcement action against the post with rcspecr to the facts stated in paragraph:; of this Senlement Agreement. However, should A.MV.ETS #32 fail to comply with the teml! of rhis Sen:lemenr Agreement, me Attomey General may con,idet the nctS sated in paragraph 3 and ma.y take any action including administrative action with respect to the poSt'S bingo license Ot bingo license applications; 7. AMVETS #32 that any evidence of a. violation of this Agreement shall be primtJ fatie evidence of the post's violation of the applicable fede.tal laws related to charitable gambling. Ohio Revised Code Chapter 2915. Or any related m1e adopted under the Ohio .Administra.tive Code, in any subst.'quenr acrion at procet..oding brought by (he Attorney General; 8, This Settlement Agrecment is binding upon the parties, any and all suc:ct:ssors. assigns, l!ubsidia.rics, agents, emploYeei, or represenrativel of the puties or any other af6Jiares. Any breach of thilI Setdcrne:m Agreemet\t by AMVETS #32 will discharge the Anomer General from any obligations under the renns of this Sertlement Agreement; 9. By signing iliis Settlement Agreement, the Attomc:y Genet'al is not wa.ivlng any lights he has to conduct further investigations of AMVETS #32 and to take necessary action for additional violations of law; 10. The parties have read and understand this Settkment Agreement and have entered into the same knowingly, voluntarily, and with the opportunity to gain advice of counsel, 11. This Settlement Agreement is entered into by all parties ana may be CJ:ccutea in C;Ollnrttpll1l! or facsimilc:!, each of whkh Ilhall bc deemed an original. but all of which shall constitute aile and the !lQffiCl in$t:nunent. Jt shill be consideted binding and effective "pon the date of the last signature of all pal"Cie$ and individuals. P:tge2of3 0 2 - 0 1 - 2 ~ 1 3 03:47pm Fram-OHIO ATTORNEY GENERAL 614-466-9788 T-280 P.004/004 F-T05 IN WITNESS WHEREOF, the parries to thi.s Secrlement Agn:trtlenr have executed it and! or caUi&! it to be executed by theit duly authorized representatives: Approved by; Rick Piscione, Commander For AMVETS #32 'S -,22 -/.2 Samuel]. I<irk III Date Assistant Section Chief For the Ohio Attorney General's Office Page 3 of3 '01-16-2013 11:39am From-OHIO ATTORNEY GENERAL 614-466-9788 T-245 P 002/004 F-623 Chal'lt:lble L"w Section Office 614-466-3181 Fax 614-466-9788 MIKE DEWINR 1SO Easl Gay Srreet. 23 d Floor Columbus, Ohio 43215 v.rww OhioAltomeyGeneral.gov * OHIO ATTOR.NEY GENERAL .. ,J13 JAN 1 3 '.' torney J ,:;. , SETI1.EMENT AGREEMENT THIS SETl1.MENT AGREElvlENT ill made by and between AMVE'f$ Post #36, 986 Ot!icgo Avenuc, Coshocton, Ohio 43812, Coshocton County ("AMVETS #36") and the Ohio Atromey General ("Anonley for the purpose of resolving [he Attorney General's concerns wuh [eSpeCt [0 J\MVETS #36's usc of charitable bingo proceeds. TogethcCi the: Attorney Gener<llaod AMVE.TS #36 are referred to herc.inafil..'l: as partie...... 1. WHEREAS, the Anorney General IS rc::!ponsiblc for the administr,u:ion a.nd enforcemen[ of Ohio's Charitable Bingo Law (Ohio Rev'i:;ed Code Chapter 2<)15 and the Ohio Administrative Code Rules adopted thereunder). Ohio's Charitable Tru::;t Law (Ohio Revised Code 109.23, ,1 Jrq,), and Charitable Solic.ir:Hion Law (Oluo Revised Code Chapter 1716). The Gc:neral is also charged IU common law to protect charitable trust assets from abuse and co ensure mat the proceeds from charitable $olicirarion are usctl for mtended purposes; 2. WHEREAS. AMVETS #36 is uccn:$cd to conduct charit2.ble mstant bingo and was required pursuant to Ohio Revised Code 2915.101 1'0 donate 25% of net profir from the proceeds from the sale of instant bingo to:l 501 (c) (3) public charilY, WH.R.EAS, AMYF.TS #36 contracted with A..MVETS Career Center, Inc., a 501 (c) (3) public chanty, for the donation of the PO$t'$ reqUJIcd 25% charioble insranr bmgo distribution. AMVETS Career Center, Inc. INamed a small porrion (approxunlue\y 15%) of rhe 25% charitable distribucion amount and then transferred the remairung chant1\bh.: proceeds back to [he pOS[ for the operation of a cl1I[eer center loca.ted WIthin the pO:>l. The post rhC!'n held the charitable proceeds under rrust and was rctltu.tcd to use all of [he proceeds received fr.om AMVETS Career Center. Inc to provide carcer training for veteInIl$ of the u.s. Armed Farces. I not aU of the charitable proceeds were llsed fOJ: the intended charirable purposes :!.nd POSt officers did not comply with fiduciary responsibihue6 with to the expenditure of funds; NOW THEREFORE, in of [he mutual herein expressed, and with intent to be legally bound, the partle6 agree follows; '111-l6-2,0131':40am From-OHIO ATTORNEY GENERAL 61 ht66-97B8 T-Z45 P 003/004 F-623 4. AMVETS #36 agrees to diuribute all amounts required to be distributed to a 501(c)(3) charity from b1.l1go pursuant to Chapter 2915 of the Revised Code to AMVl!:TS Career Center, Inc., as it is clluC'nciy named, on a monthly until at leasr December 31, 2017. AMVETS C:u'eer Center, Inc., it is currently named, will hold all charitable and those for cueer rraining and employment assistance for veterans of the U.S. Armed Services. A agreement will be executed with AMVETS Career Center, 5. AMVJ:iTS #36 agrees that :\U assets 10 1tS possessIOn received from AMVE'!,S Career Center, Inc. and currently set or designated for the benefit of Career training or employment as!OisTancc for veterans, including proceeds held 1.11 any account designated for its C:leeer cenTer, shaU be immediately turned over [0 AMVETS Career Ccnter, [nco 6. In return for AMVETS #36'6 exec\loon of and compliance: Wlth this Se:ulemem Agreement, the: Anomey General will not civil or admlnlstrahve enforcement agaimt the post with respec[ to the facts stated in paraguph 3 of Agreement However, ,should AMVETS #36 fail ro compty with The terms of thi:> Settlement Agreement, rhe Anomey Ge:ner:U mlly con:>ider the facts stated Ul paragraph 3 and may take any acaon inciudUlS administtatlve :leaon with cespect to the post's bingo licensc Or bingo license :lpplication:j; 7. AMVETS #36 agrees that any evidence of a violation of this Agree:ment shall be prima Jacit eVldc:ncc of the violation of the applicable: federal la\.\ls rdated fO chllrmble gamblmg, Ohio RcvisL'd Code Chapter 2915, oc any related rule adopred under the OhIO Admini$uaove Code, in any subsequent acaon or proceedl1lg brought by Attorney General; 8 This Setdement Agreement is binding upon the paraes, :lny nnd aU successors, assjgn!' , subsimnries, agent:!, employees, Or n.:presenratl.ve:l of the parties or any other affilial'es. Any breach of this Seulemenr Agreemenr by AMVETS #36 will dischalge the Atcotm:y General from I\ny oblibrarions under the: terms of [hI:> Settlement Agreement; 9. By :;igning this Settlement Agreement, the Attorney General IS not waiving any rtghts he hu to conduct further lnve:n:igaoons of AMVETS #36 and to take acrion for additional violations of 13w; 10. The panles have rell.d and understnnd (his Settlemem Agreement and have entered lOto the same knowingly, voluntarily, Imd witll the oPPOrtunity to g:Un advice of counsel; 11. This Settlement is entercd into by all parties and may be executed in coumcrputs or facsimiles, each of which shall be deemed an onglOlIl, bur all of which shall one and the slime insn:ument. It shall be considered bInding and effective upon the: date of the Ian signature! of aU requisite patries and indiVlduals. J'age 2 of 3 OI-16-l013 II :4lam From-OHIO ATTORNEY GENERAL 614-466-9788 T-245 P 004/004 F-6Z3 IN WITNESS Wl-IEREOF. the parties to chis Serdement Agreement have executed it and/or caused it to be executed by their duly authorized Approved by: I -lie - c:::2 0 D Dare For AMVETS #36 3-..2Z-13 Samuel J. Kirk III Date ASSIstant Secrion Chief Fo[ the Ohio Anorney General's Office Charitable Law Section Office 614-466-3181 Fax 614-466-9788 MIKE DEWINE q:s7 = * OHIO ATTORNEY GENERAL * = 150 East Gay Street, 23rd Aoor Columbus, Ohio 43215 www.OhioAttorneyGeneral.gov SETTLEMENT AGREEMENT THIS SETILEMENT AGREEMENT is made by and between AMVETS Post #37, 6001 Lower Valley Pike, Springfield, Ohio 45502, Clark County ("AMVETS #37") and the Ohio Attorney General ("Attorney General"), for the purpose of resolving the _A.ttorney General's concerns with respect to AMVETS #37's use of charitable bingo proceeds. Together, the Attorney General and AMVETS #37 are referred to hereinafter as "the parties." 1. WHEREAS, the Attorney General is responsible for the administration and enforcement of Ohio's Charitable Bingo Law (Ohio Revised Code Chapter 2915 and the Ohio Administrative Code Rilles adopted thereunder), Ohio's Charitable Trust Law (Ohio Revised Code 109.23, et seq,), and Ohio's Charitable Solicitation Law (Ohio Revised Code Chapter 1716). The Attomey General is also charged at common law to protect charitable trust assets from abuse and to ensure that the proceeds from charitable solicitation are used for intended purposes; 2. WHEREAS, AMVETS #37 is licensed to conduct charitable instant bingo and was required pursuant to Ohio Revised Code 2915.101 to donate 25% of net profit from the proceeds from the sale of instant bingo to a 501 (c) (3) public charity; 3. WHEREAS, AMVETS #37 contracted with AMVETS Career Center, Inc., a 501(c)(3) public charity, for the donation of the post's required 25% charitable instant bingo distribution. AMVETS Career Center, Inc. retained a small portion (approximately 15%) of the 25% charitable distribution amount and then transferred the remaining charitable proceeds back to the post for the operation of a career center located within the post. The post then held the charitable proceeds under trust and was required to use all of the proceeds received from AMVETS Career Center, Inc. to provide career training for veterans of the U.S. Armed Forces. However, not all of the charitable proceeds were used for the intended charitable purposes and post officers did not comply with fiduciary responsibilities with respect to the expenditure of funds; NOW THEREFORE, in consideration of the mutual promises herein expressed, and with intent to be legally bound, the parties agree as follows: 4. AMVETS #37 agrees to distribute all amounts required to be distributed to a 501(c)(3) charity from bingo pursuant to Chapter 2915 of the Revised Code to AMVETS Career Center, Inc., as it is currently named, on a monthly basis until at least December 31, 2017. AMVETS Career Center, Inc., as it is currently named, will hold all charitable proceeds and utilize those proceeds for career training and employment assistance for veterans of the U.S. Armed Services. A separate agreement will be executed with AMVETS Career Center, Inc.; 5. AMVETS #37 agrees that all assets in its possession received from AMVETS Career Center, Inc. and currently set aside or designated for the benefit of career training or employment assistance for veterans, including proceeds held in any account designated for its career center, shall be immediately turned over to AMVETS Career Center, Inc. 6. In return for AMVETS #37's execution of and compliance with this Settlement Agreement, the Attorney General will not take civil or administrative enforcement action against the post with respect to the facts stated in paragraph 3 of this Settlement Agreement. However, should AMVETS #37 fail to comply with the terms of this Settlement Agreement, the Attorney General may consider the facts stated in paragraph 3 and may take any action including administrative action \vith respect to the post's bingo license or bingo license applications; 7. AMVETS #37 agrees that any evidence of a violation of this Agreement shall be prima facie evidence of the post's violation of the applicable federal laws related to charitable gambling, Ohio Revised Code Chapter 2915, or any related rule adopted under the Ohio Administrative Code, in any subsequent action or proceeding brought by the Attorney General; 8. This Settlement Agreement is binding upon the parties, any and all successors, assigns, subsidiaries, agents, employees, or representatives of the parties or any other affiliates. Any breach of this Settlement Agreement by AMVETS #37 will discharge the Attorney General from any obligations under the terms of this Settlement Agreement; 9. By signing this Settlement Agreement, the Attorney General is not waiving any rights he has to conduct further investigations of AMVETS #37 and to take necessary action for additional violations of law; 10. The parties have read and understand this Settlement Agreement and have entered into the same knowingly, voluntarily, and with the opportunity to gain advice of counsel; 11. This Settlement Agreement is entered into by all parties and may be executed in counterparts or facsimiles, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. It shall be considered binding and effective upon the date of the last signature of all requisite parties and individuals. Page 20f3 IN WITNESS \'{'HEREOF, the parties to this Settlement Agreement have executed it and/or caused it to be executed by their duly authorized representatives: Approved by: Jess Stroup, Commander Date For AfvIVETS #37 Samuel J. Kirk III Date Assistant Section Chief For the Ohio .'\ttomey General's Office Page 3 of3 Charitable Law Section Office 614-466-3181 Fax 614-466-9788 a MIKE DEWINE ~ * OHIO ATTORNEY GENERAL * 150 East Gay Street, 23 n1 Floor Columbus, Ohio 43215 www.OhioAttomeyGeneral.gov SE'I1LEMENf AGREEMENT THIS SETfLEMENT AGREEMENT is made by and between AMVETS Post #39, 110 West Harrison Street, Lakeview, Ohio 43331, Logan County ("AMVETS #39') and the Ohio Attorney General ("Attorney General'), for the pnrpose ofresolving the Attorney General's concerns with respect to AMVETS #39's use of charitable bingo proceeds. Together, the Attorney General and AMVETS #39 are referred to hereinafter as "the parties." 1. WHEREAS, the Attorney General is responsible fO the administration and enforcement of Ohio's Charitable Bingo Law (Ohio Revised Code Chapter 2915 and the Ohio Administrative Code Rnles adopted thereunder), Ohio's Charitable Trust Law (Ohio Revised Code 109.23. el seq,), and Ohio's Charitable Solicitation Law (Ohio Revised Code Chapter 1716). The Attorney (';yeneral is also charged at common law to protect charit2ble trust assets from abuse and to ensure that the proceeds from charitable solicitation are nsed for intended purposes; 2 WHEREAS, AMVb'TS #39 was licensed to conduct charitable instant bingo and was required pursuant to Ohio Revised Code 2915.101 to donate 25% of net profit from the proceeds from the sale of instant bingo to a 501 (c)(3) public charity; 3. WHEREAS, AMVETS #39 contracted with AMVETS Career Center, Inc., a 501(c)(3) public charity, for the donation of the post's required 25% charitable instant bingo distribution. AMVETS Career Center, Inc. retained a small portion (approximately 15%) of the 25% charitable distribution amount and then transferred the remaiQing charitable proceeds back to the post for the operation of a career center located within the post. The post then held the charitable proceeds under trust and was required to use all of the proceeds received from AMVETS Career Center, Inc. to provide career training for veteaIDs of the U.S. Anned Forces. However, not all of the charimble proceeds were used fur the intended charitable pm:poses and post officers did not comply with fiduciary responsibilities witbrespect to the expenditure of funds; NOW THEREFORE, in consideration of the mutual promises herein expressed, and with intent to be legally bound, the parties agree as follows: 4. AMVETS #39 agrees to distribute all amowlts required to be distributed to a 501(c)(3) charity from bingo pursuant to Chapter 2915 of the Revised Code to AMVETS Career Center, Inc., as it is currendy named, on a monthly basis until at least December 31, 2017. AMVETS Career Center, Inc., as it is currently named, will hold all charitable proceeds and utilize those proceeds for career training and employment assistance for veterans of the US. Armed Services. A separate agreement will be executed with AMVETS Career Center, Inc.; 5. AMVETS #39 agrces that all assets in its possession received from AMVETS Career Center, Inc. and currently set aside or designated for the benefit of career training or employment assistance for veterans, including proceeds held in any account designated for its career center, shall be immediately turned over to AMVETS Career Center, Inc. 6. In return for AMVETS #39's execution of and compliance with this Settlement Agreement, the Attorney General will not take civil or administrative enforcement action again.<;t ilie post wiili respect to ilie facts stated in paragraph 3 of this Settlement Agreement. However, should AMVETS #39 fail to comply with the terms of this Settlement Agreement. the Attorney General may consider the facts stated in paragraph 3 and may take any action including administrative action with respect to ilie post's bingo license or bingo license applications; 7. AMVrrfS #39 agrees that any evidence of a violation of this Agreement shall be prima facie evidence of the post's violation of the applicable federal laws related to charitable gambling, Ohio Revised Code Chapter 2915, or any related rule adopted under the Ohio Administrative Code, in any subsequent action or proceeding brought by the Attorney General; 8. This Setdement Agreement is binding upon the parties, any and all successors, assigns, subsidiaries, agents, employees, or representatives of the parties or any other affiliates. Any breach of this Setdement Agreement by AMVETS #39 will discharge the Attorney General from any obligations under ilie terms of this Setdement Agreement; 9. By signing this Setdement Agreement, the Attorney General is not waiving any rights he has to conduct further investigations of AMVETS #39 and to take necessary action for additional violations of law; 10. The parties have read and understand this Setdement Agreement and have entered into the same knowingly, voluntarily, and with the opportwlity to gain advice of counsel; 11. This Setdement Agreement is entered into by all parties and may be executed in counterparts or facsimiles, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. It shall be considered binding and effective upon the date of ilie last signature of all requisite patties and individuals. Page 2 of3 IN WITNESS WHEREOF, the parties to this Settlement Agreement have executed it and/or caused it to be executed by their duly authorized representatives: Approved by: 1- -13 Mitchell Laws, Commander Date For AMVETS #39 Samuel J. Kirk III Date Assistant Section Chief For the Ohio Attorney General's Office Page 3 of3 From-OHIO ATTORNEY GENERAL SEm RMF.NT AGREEMENT T-246 P.002/007 F-625 Charitable: Law Section Office 614-466-.3181 Fu 614-466-9788 \so Gay Stmet.. 23 ro Floor CoJ.umbu$. Ohlo 43215
'rHIS SETTI..EM1Thrr AGR..E..EMENT is made by and betWeen AMVETS POSt #40, 9141 Jordan Drive, Mentor, Ohio 44060, Lake County ("AMVETS #40"') and the Ohio AttoIIley General ("Anomey Genetal"), for the putpose of resolving the Attorney General's concerns with respect to AMVETS #40's use of charitable bingo proceeds. Together, the AttOrney General and AMVE'l'S #40 Itte referred to hexeinafter as "rhe pa.tties." 1. WHEREAS, the Attorney General is responsible for the administtation and enforccmt.'%lt of Ohio's Charitable:: Bingo Law (Ohio Rl.'viscd Code Chapter 2915 a.nd the Ohio Administrative Code Rules adopred thereunder). Ohio's Charitable Tnllt Law (Ohio Revised Code 109.23, et and Ohio's Charitable Solicitation Law (Ohio Revised Code Chapter 1716). The Attorney General is also charged at common la.w to protect chatha-ble ttust assets from abuse and to that the proc;c:edl:l from charitable solicitation arc used fat: intended purposes; 2. WHEREAS. AMVETS #40 is licensed to conduct charitable instant bingo and was required. pUJ:suant to Ohio Revised Code 2915.101 to donate 25% of net profit from the proce::cds from the lillIe of instant bingo to a 501(c)(3) public charity; 3. \VHEREAS, AMVETS #40 cont:raCred wirh AMVETS Carcc.r Center, Inc., a 501(c)(3) public charity, for the donation of !:he post's l'equirec1 25 % ehMirnblt: instant bingo distribution. AMVETS Career Center, Inc. retained II small portion (approximately 15%) of the 25% charitable diilrribution atnOIln( and then transferred the rcma.ining chari-table proceeds back to the POSt for the operation of a career ceme:c located within the post. The POSt then held the charitable proceeds. under trust and waS required to use all of the proc:ec:-.ds received from AMVETS Career Center, Inc. to provide ca.rcer training for veterans of the u.s. Anned Iiowever. nOt all of the charitable proceeds were used for the intended charitable purposes and post officers did nor com.ply with fiduciary tel1pon:tibllitie:> with respect to the expenditure of fund:>; NOW THERF.....FORF.., in c:onsidention of the mutual promises herein expres.sed., lind with intent to be legally bound, the parties agree as follows: 01-16-2013 02:34pm From-OHIO ATTORNEY GENERAL 614-466-9788 T-246 P.003/D07 F-625 4. AMVE'I'S #40 agrees to distribute all amounts required to be distributed to a 501(c)(3) charity from bingo pursuant to Chapter 2915 of the Revised Code to AMVETS Career Center, Inc., as it is cUIrently named, on a momhly basis until ar least Dccember 31, 2017. AMVETS Career Center, Inc., as it IS cIUrelltly named, "Will hold all charitable proceeds and utilize those proceeds for career training and employment 3ssistlUl.ce for veterans of the US- Armed Services. A separate agreemenr will be executed with AMVElS Caret.'l: Center, Inc.; 5. A.:MV'rS #40 agrees that all assets in its possession received from AMVETS Carem: Center, Inc:. and cun:ently l;ct aside or designated for tho benefit of careet training or emplo),me:nt assistAnce for veremns, including held in any account designnred for irs cemer. shall be immediately turned OVe1: to AMVETS Career Center, Inc. 6. In l'et.'Un1 for AMVETS #40's execution of and compliance with this Settlement Agreement, the Attotney Gene1:a1 will not take civil Ot adminislntive enforcement action against the post with respect to the facts stated in paragraph 3 of this Settlement Agreement. Howtver, should AMVETS #40 fail to comply with the rt:ImS of this Settlement .Agreement. the Atromey General may consider clle facts stated in paragraph .3 and may take any action including administ:rative action "iiIith respect to the post's bingo license Or bingo license applications; 7. AMVETS #40 agrees that any evidence of a violation of rhis Agreement shall be prima facie evidence of the post's violation of the applicable federal laws related to charitable gambling, Ohio Revised Code Chapter 2915, Ot any related tule adopted under the Ohio Adminisnl.tive Code, in any subsequenr action or proceeding brought by the Attorney General; S. This Settlement Agreement is binding upon the partic:s. any and all successors, assigns, subsidia.ries, agents, employees, or representatives of {he Pal'ties or any other affiliates. Any breach of this Settlement Agreement: by AMVETS #40 will discharge the Attomc:y G<"'fleral from any obligations under the ronns of mis Setdement Agreement; 9. By signing this Setdement Agreement, the Attorney General is noc waiving any rights he has to conduct further of AMVETS #40 and to rake necessa.t:y action for additional violations of law; 10. The parties have read and understand this Setdemcnt Agreement and have entered into the same knowingly, voluntarily, and ",ith the oppommity to gain advice of counsel; 11. 1bi1l Setdcment Agreement is entered into by all parties snd may be ex.ecuted in OOunterpllI'Ci or facsimiles, each of which shall be deemed an original, but all of which shall constitute one 2nd the same instrument. It shall bc considered binding and. effective upon the date of the last signatUl:'e of all requisite parties and individuw. Page: 20f3 01-16-2013 02:34pm From-OHIO ATTORNEY GENERAL 614-466-9788 T-246 P.004/00T F-625 IN W11NESS WHEREOF, the parrie:; to this Settlement Agreement have executed it and!or caused it to be exe<:ured by rheir duly authorized representatives: Approved by: Q ~ b 2 ? ~ ' /- Icf--/3 Bernard Matty. Commander Date Fo! AMVETS #40 :5-,22 -/3 Samuel]. K.irk III Date Assh.tant Se<:tion Chief For The Ohio Attorney General's Office Page:; of:; Charitable Law Section Office 614-466-3181 Fax 614-466-9788 9Muffi E ~ I N E * OHIO ATTORNEY GENERAL *-- . 150 East Gay Street, 23'd Floor Columbus, Ohio 43215 www.OhioAttorneyGeneraLgov SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT is made by and between AMVETS Post #44, 305 Elm Street, Struthers, Ohio 44471, Mahoning County ("AMVETS #44") and the Ohio Attorney General ("Attorney General"), for the purpose of resolving the Attorney General's concerns with respect to AMVETS #44's use of charitable bingo proceeds. Together, the Attorney General and AMVETS #44 are referred to hereinafter as "the parties." 1. WHEREAS, the Attorney General is responsible for the administration and enforcement of Ohio's Charitable Bingo Law (Ohio Revised Code Chapter 2915 and the Ohio Administrative Code Rules adopted thereunder), Ohio's Charitable Trust Law (Ohio Revised Code 109.23, et seq,), and Ohio's Charitable Solicitation Law (Ohio Revised Code Chapter 1716). The Attorney General is also charged at common law to protect charitable trust assets from abuse and to ensure that the proceeds from charitable solicitation are used for intended purposes; 2. WHEREAS, AMVETS #44 is licensed to conduct charitable instant bingo and was required pursuant to Ohio Revised Code 2915.101 to donate 25% of net profit from the proceeds from the sale of instant bingo to a 501 (c) (3) public charity; 3. WHEREAS, AMVETS #44 contracted with AMVETS Career Center, Inc., a 501(c)(3) public charity, for the donation of the post's required 25% charitable instant bingo distribution. AMVETS Career Center, Inc. retained a small portion (approximately 15%) of the 25% charitable distribution amount and then transferred the remaining charitable proceeds back to the post for the operation of a career center located within the post. The post then held the charitable proceeds under trust and was required to use all of the proceeds received from AMVETS Career Center, Inc. to provide career training for veterans of the U.S. Anned Forces. However, not all of the charitable proceeds were used for the intended charitable purposes and post officers did not comply with fiduciary responsibilities with respect to the expenditure of funds; NOW THEREFORE, in consideration of the mutual promises herein expressed, and with intent to be legally bound, the parties agree as follows: 4. AMVETS #44 agrees to distribute all amounts required to be distributed to a 501(c)(3) charity from bingo pursuant to Chapter 2915 of the Revised Code to AMVETS Career Center, Inc., as it is currendy named, on a monthly basis until at least December 31, 2017. AMVETS Career Center, Inc., as it is currendy named, will hold all charitable proceeds and utilize those proceeds for career training and employment assistance for veterans of the U.S. Armed Services. A separate agreement will be executed with AMVETS Career Center, Inc.; 5. AMVF;rS #44 agrees that all assets in its possession received from Ah1VETS Career Center, Inc. and currendy set aside or designated for the benefit of career training or employment assistance for veterans, including proceeds held in any account designated for its career center, shall be immediately turned over to AMVETS Career Center, Inc. 6. In return for AMVETS #44'5 execution of and compliance with this Setdement Agreement, the Attorney General will not take civil or administrative enforcement action against the post with respect to the facts stated in paragraph 3 of this Setdement Agreement. However, should AMVETS #44 fail to comply with the terms of this Setdement Agreement, the Attorney General may consider the facts stated in paragraph 3 and may take any action including administrative action with respect to the post's bingo license or bingo license applications; 7. AMVETS #44 agrees that any evidence of a violation of this Agreement shall be prima fade evidence of the post's violation of the applicable federal laws related to charitable gambling, Ohio Revised Code Chapter 2915, or any related rule adopted under the Ohio Administrative Code, in any subsequent action or proceeding brought by the Attorney General; 8. This Setdement Agreement is binding upon the parties, any and all successors, assigns, subsidiaries, agents, employees, or representatives of the parties or any other affiliates. Any breach of this Setdement Agreement by AMVETS #44 \vill discharge the Attorney General from any obligations under the terms of this Setdement Agreement; 9. By signing this Setdement Agreement, the Attorney General is not waiving any rights he has to conduct further investigations of AMVETS #44 and to take necessary action for additional violations of law; 10. The parties have read and understand this Setdement Agreement and have entered into the same knowingly, voluntarily, and with the opportunity to gain advice of counsel; 11. This Setdement Agreement is entered into by all parties and may be executed in counterparts or facsimiles, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. It shall be considered binding and effective upon the date of the last signature of all requisite parties and individuals. Page 2 of3 IN WITNESS WHEREOF, the parties to this Settlement Agreement have executed it and/or caused it to be executed by their duly authorized representatives: Approved by: ~ Q ~ O , &OL' J n Brown, Commander Date For AMVETS #44 Samuel J. Kirk III Date Assistant Section Chief For the Ohio Attorney General's Office Page 3 of3 Mum DEWINE '* OHIO ATTORNEY GENERAL '* = ' . I 1 8 SETTLEMENT AGREEMENT Charitable Law Section Office 614-466-3181 Fax 614-466-9788 150 East Gay Street, 23rd Floor Columbus, Ohio 43215 www.OhioAttorneyGeneral.gov THIS SETTLEMENT AGREEMENT is made by and between AMVETS Post #45, 750 South Broadway Avenue, Salem, Ohio 44460, Columbiana County ("AMVETS #45") and the Ohio Attorney General ("Attorney General"), for the purpose of resolving the Attorney General's concerns with respect to AMVETS #45's use of charitable bingo proceeds. Together, the Attorney General and AMVETS #45 are referred to hereinafter as "the parties." 1. WHEREAS, the Attorney General is responsible for the administration and enforcement of Ohio's Charitable Bingo Law (Ohio Revised Code Chapter 2915 and the Ohio Administrative Code Rules adopted thereunder), Ohio's Charitable Trust Law (Ohio Revised Code 109.23, (It seq,), and Ohio's Charitable Solicitation Law (Ohio Revised Code Chapter 1716). The Attorney General is also charged at common law to protect charitable trust assets from abuse and to ensure that the proceeds from charitable solicitation are used for intended purposes; 2. WHEREAS, AMVETS #45 is licensed to conduct charitable instant bingo and was required pursuant to Ohio Revised Code 2915.101 to donate 25% of net profit from the proceeds from the sale of instant bingo to a 501 (c) (3) public charity; 3. WHEREAS, AMVETS #45 contracted with AMVETS Career Center, Inc., a 501(c)(3) public charity, for the donation of the post's required 25% charitable instant bingo distribution. AMVETS Career Center, Inc. retained a small portion (approximately 15%) of the 25% charitable distribution amount and then transferred the remaining charitable proceeds back to the post for the operation of a career center located within the post. The post then held the charitable proceeds under trust and was required to use all of the proceeds received from AMVETS Career Center, Inc. to provide career training for veterans of the U.S. Armed Forces. However, not all of the charitable proceeds were used for the intended charitable purposes and post officers did not comply with fiduciary responsibilities with respect to the expenditure of funds; NOW THEREFORE, in consideration of the mutual promises herein expressed, and with intent to be legally bound, the parties agree as follows: 4. AMVETS #45 agrees to distribute all amounts required to be distributed to a 501 (c) (3) charity from bingo pursuant to Chapter 2915 of the Revised Code to AMVETS Career Center, Inc., as it is currently named, on a monthly basis until at least December 31, 2017. AMVETS Career Center, Inc., as it is currently named, will hold all charitable proceeds and utilize those proceeds for career training and employment assistance for veterans of the u.s. Armed Services. A separate agreement will be executed with AMVETS Career Center, Inc.; 5. AMVETS #45 agrees that all assets in its possession received from AMVETS Career Center, Inc. and currently set aside or designated for the benefit of career training or employment assistance for veterans, including proceeds held in any account designated for its career center, shall be immediately turned over to AMVETS Career Center, Inc. 6. In return for AMVETS #45's execution of and compliance with this Settlement Agreement, the Attorney General will not take civil or administrative enforcement action against the post "With respect to the facts stated in paragraph 3 of this Settlement Agreement. However, should AMVETS #45 fail to comply "With the terms of this Settlement Agreement, the Attorney General may consider the facts stated in paragraph 3 and may take any action including administrative action "With respect to the post's bingo license or bingo license applications; 7. AMVETS #45 agrees that any evidence of a violation of this Agreement shall be prima Jacie evidence of the post's violation of the applicable federal laws related to charitable gambling, Ohio Revised Code Chapter 2915, or any related rule adopted under the Ohio Administrative Code, in any subsequent action or proceeding brought by the Attorney General; 8. This Settlement Agreement is binding upon the parties, any and all successors, assigns, subsidiaries, agents, employees, or representatives of the parties or any other affiliates. Any breach of this Settlement Agreement by AMVETS #45 will discharge the Attorney General from any obligations under the terms of this Settlement Agreement; 9. By signing this Settlement Agreement, the Attorney General is not waiving any rights he has to conduct further investigations of AMVETS #45 and to take necessary action for additional violations of law; 10. The parties have read and understand this Settlement Agreement and have entered into the same knowingly, voluntarily, and "With the opportunity to gain advice of counsel; 11. This Settlement Agreement is entered into by all parties and may be executed in counterparts or facsimiles, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. It shall be considered binding and effective upon the date of the last signature of all requisite parties and individuals. Page 2 of3 IN WITNESS WHEREOF, the parties to this Settlement Agreement have executed it and/or caused it to be executed by their duly authorized representatives: Approved by: Jam/)Barker, Commander Date For Al\1VETS #45 5-..22 -/3 Samuel J. Kirk III Date Assistant Section Chief For the Ohio Attorney General's Office Page 3 of3 V Charirable Law Section Office Fax DEWINE * OHIO ATTORNEY GENERAL * = 150 East Gay Street, 23,J Floor Columbus, Ohio 43215 www.OhioArromeyGcncral.gov SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT is made by and between MfVETS Post #47, 3009 Broadway Avenue, Lorain, Ohio 44055, Lorain County ("MfVETS #47") and the Ohio Attorney General ("Attorney General"), for the purpose of resolving the Attorney General's concerns with respect to Al\fVETS #47's use of charitable bingo proceeds. Together, the Attorney General and AMVETS #47 are referred to hereinafter as "the parties." 1. WHEREAS, the Attorney General is responsible for the administration and enforcement of Ohio's Charitable Bingo Law (Ohio Revised Code Chapter 2915 and the Ohio Administrative Code Rules adopted thereunder), Ohio's Charitable Trust Law (Ohio Revised Code 109.23, et seq,), and Ohio's Charitable Solicitation Law (Ohio Revised Code Chapter 1716). The Attorney General is also charged at common law to protect charitable trust assets from abuse and to ensure that the proceeds from charitable solicitation are used for intended purposes; 2. WHEREAS, AMVETS #47 is licensed to conduct charitable instant bingo and was required pursuant to Ohio Revised Code 2915.101 to donate 25% of net profit from the proceeds from the sale of instant bingo to a 501 (c) (3) public charity; 3. WHEREAS, AMVETS #47 contracted with AIVfVETS Career Center, Inc., a 501(c)(3) public charity, for the donation of the post's required 25% charitable instant bingo distribution. Al\fVETS Career Center, Inc. retained a small portion (approximately 15/,,) of the 25% charitable distrihution amount and then transferred the remaining charitable proceeds back to the post for the operation of a career center located \vithin the post. The post then held the charitable proceeds under trust and was required to use all of the proceeds received from AMVETS Career Center, Inc. to provide career training for veterans of the U.S. Armed Forces. However, not all of the charitable proceeds were used for the intended charitable purposes and post officers did not comply with fiduciary responsibilities with respect to the expenditure of funds; NOW THEREFORE, in consideration of the mutual promises herein expressed, and with intent to be legally bound, the parties agree as follows: 4. AMVETS #47 agrees to distribute all amounts required to be distributed to a 501 (c) (3) charity from bingo pursuant to Chapter 2915 of the Revised Code to AMVETS Career Center, Inc., as it is currendy named, on a monthly basis until at least December 31, 2017. AMVETS Career Center, Inc., as it is currendy named, will hold all charitable proceeds and utilize those proceeds for career training and employment assistance for veterans of the U.S. Armed Services. A separate agreement will be executed with AMVETS Career Center, Inc.; 5. AMVETS #47 agrees that all assets in its possession received from AMVETS Career Center, Inc. and currendy set aside or designated for the benefit of career training or employment assistance for veterans, including proceeds held in any account designated for its career center, shall be immediately turned over to AJ'vfVETS Career Center, Inc. 6. In return for AMVETS #47's execution of and compliance with this Settlement Agreement, the Attorney General will not take civil or administrative enforcement action against the post with respect to the facts stated in paragraph 3 of this Setdement Agreement. However, should AMVETS #47 fail to comply with the terms of this Setdement Agreement, the Attorney General may consider the facts stated in paragraph 3 and may take any action including administrative action with respect to the post's bingo license or bingo license applications; 7. AcvfVETS #47 agrees that any evidence of a violation of this Agreement shall be prima facie evidence of the post's violation of the applicable federal laws related to charitable gambling, Ohio Revised Code Chapter 2915, or any related rule adopted under the Ohio Administrative Code, in any subsequent action or proceeding brought by the Attorney General; 8. This Setdement Agreement is binding upon the parties, any and all successors, assigns, subsidiaries, agents, employees, or representatives of the parties or any other affiliates. Any breach of this Setdement Agreement by ~ f V E T S #47 will discharge the Attorney General from any obligations under the terms of this Settlement Agreement; 9. By signing this Setdement Agreement, the Attorney General is not waiving any rights he has to conduct further investigations of AMVETS #47 and to take necessary action for additional violations of law; 10. The parties have read and understand this Setdement Agreement and have entered into the same knowingly, voluntarily, and with the opportunity to gain advice of counsel; 11. This Settlement Agreement is entered into by all parties and may be executed in counterparts or facsimiles, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. I t shall be considered binding and effective upon the date of the last signature of all requisite parties and individuals. Page 2 of3 IN WITNESS WHEREOF, the parties to this Settlement Agreement have executed it and/or caused it to be executed by their duly authorized representatives: Approved by: I P ~ U 3 Michael Kachure, Commander Date For AMVETS #47 Samuel J Kirk III Date Assistant Section Chief For the Ohio Attorney General's Office Page 3 of3 614-466-9188 01-17-2013 Q2:36pm From-QHIO -MIKE DEWlNE -* OHIO ATTOlt.NiY GE.NERAL * SETIT.EMF,NT AGREEMENI Chuitlible'l.Aw Section O:fficc Fu614-466-9788 150 Eut Gay 23fO Floot Co:lqmbus, Ohio 43215
THIS SETI'I.ElviNT AGREEMENl' is JD!lde by and betweeo Post #43, 1909 South State Route 100, Tutin, Ohio 44883. Seneca County C"AMVETS #48', find the Ohio Attorney General ("Attomcy General"). for the purpose ofresolving the Attorney Generaf:! concett\S with re:lpecr to #48's U;le of cbaritabk: bingo proceeds. Together. rhe Attomey General and .A&1VETS #48 are refeaed to hereinafter Ii$ <ltbe patties." 1.. WHEREAS. the Attorney Groeml. is for the adm.ini:ltrarion and enforcement of Ohio's Chari.table Bingo Law (Ohio. Revised Code Chapter 291S and the Ohio Administrative Code Rules adopted thereunder). Ohio's Charitable Trus[ Law (Ohio Revised Code 109.23. 11 J'eqJ. and Ohio's (.naritable Solicit:auon 1.l1W (Ohio. Revised Code Chapter 1716). The Anomey Geneml is also charged at common law to pJ:'Otect charitable 'f.XU5t assenl from. abuse and to ensure that the proceeds &om charitable solicitation :u:e used for intended purposes; 2. WHEREAS, #48 is licensed to conduct charimbJe instant bingo and was requited pursuant to Ohio Revised Code 2915.101 to doni\te 25% of net profit from the proceeds from me sale ofinstant bingo to a 501 (c)(3) public charity; 3. WHEREAS, ALVIVETS #48 cOfltI:'aCted with .AMVE.TS Career Center. Inc., a 501(c)(3) public charity) for the donation of the post's requttcd 25% ch2riublc insm.n.t bingo distribution. AMVETS Career Center, Inc. retained a small pOl:rion (approximately 15%) of the 25% charltltble disn:ibution anlOWlt iUld men ttansferre.d the remaining chari\:able proceeds back to (he post for the operation of a career center loatred within me post. The pOSt then held the cbuitable proceeds under tnlst and was requi.cea to use all of the proceeds received from AMVETS Career CentCJ:, Inc. to provide career training fat veterans of the U.S. Armed forces. However, not all of the charitable proceeds were used fot the intended chaIitabk purpoSC6 and POSt officers did nor comply with fiduciary re::.--ponsibilities with to me expenditure of funds; NOW THEREFORE, in cooside1:'auon of the murusU promises herein e:pressed. llD.d with intent to be legruly bound, the: pa.tti.es asrec:as follows: UI-lf-ZOI3 02:36pm From-OHIO ATTORNEY GENERAL 614-466-8788 T-264 p.OOa/004 F-647 4. Al\fVETS #48 LO distribute 9ll amounm .required to be dist:l1D'llred to a 501(c)(3) cha.rity from. bi:nBo pmSuant to Chapter 2915 of the Revised Cocte to AMVETS Career Center, Inc:.., u it is cutrcntly ruuned. on 11 monthly bas.is Il1lru At least December 31, 2017. AMVEI:s Career Center, In.c . as it is cw:n..ntly runned,. will hold aU cbu:i1llbk proceeds and utilize those p.tot;:eeds for career mUniog and employment assistance for of the US. Anned SetVices. A separate agreement will be executed with M1VETS Career Cenrer, Inc.; 5. Al\rIVE.'rS #48 agrees that all asset!: in its possession received from AMVE'I'S Career Center. [ne.. and set" aside or designated for the benetix of career tr.rining or employment assistance for veteran.s, including ptoceeds held in any account designated for irs au:eer cetner. shall be immediately tl.U'ned over to AMVETS C-at:eet lnc. 6. In return for A},1VETS #48'$ execution of and compliance wiTh this Settlement Agreement, the Atto.mey General w.ill not rake civil or adtninismltive eoforcement action aga.inst the POSt with respect to the facts stated in paragraph 3 of this Settlement Agreement. However, should AMVETS #48 fail [0 comply -with the tCllllS of this Settlement Agreement, the Attorney Genl!m may consider the facts stated in puagraph 3 and may take any action mcluding administrative action with respect to the post's bingo 1icen:>e or bingo license applications; 7. AlvIVETS #48 agl;ees that: any evidence of a violation of lhis Agreement man be prima .foui8 e\'iden,(e of the post's violation of the applicable federal laws related to charitable gambliug, Ohio Revised Code Chapter 2915. or any related rule adop[cd -under the Ohio A.t:lministrative Code, in any &lJbseq-uenr action or proceeding brought by the Attorney Gcmt.-nl; S. This Sl!ttlemem Agreement U: binding upon me patties, any and all successors, assign:;;. subsidiaries, agents, employees, or represenratives of the parries or any other affiliates. Any breach of nus Settlement Agreemeru by AMVET"S #48 will the Attomey General from any obligatiorn: qndeJ: tl-w terms of rhis Semement Agreement; 9. By signing tl:Ws Settlement Agreement, the Anomcy General i:J not waiving any rights he has to conduct further investigations of AMVETS #1-& am! ro take necessary action for additional violations oflaw; 10. TIle parries ha'\'"C read and understand this Settlement Agreement and have entered into the $a.me knowingly, voluntarily. In.d with the: opportUnity ro gain advice of counsel; 11. This Settlement Agtcenlent is entered intO by all partiei and may be executed in countetpam or facsimiles, each of .;vhicb sNll be deemed an original, but all of which shan (:onst1u:rte one and the same msm:unent. It shall be considered binding and effeccive upon the: date of the laSt signarute of :lB :tequ:isire parties and individuals. Page-2oB 614-466-9788 T-264 P.004/004 F-647 01-17-2013 02:36pm From-OHIO ATTORNEY GENERAL IN WTINE.SS WHEREOF, the parties to this Settlement Agreement have exec:u.coo it and/OI: caused it to be eJi:ecuted by theiz duly authorized :t'epte&ennt.tives; Approved by: //,7//7 I I John Miller, Comn:l.lU1der Date For AMVETS #48 I / "j" '3-...2z -)3 Samuel1- .K.i.tk. III Date Assi:ftant Section Chief Fot the Ohio Anomey General's Office PagelofS Charitable Law Section Office 614-466-3181 Fax 614-466-9788 150 East Gay Street, 23 M Floor Columbus, Ohio 43215 www.OhioAttomeyGeneral.gov SIITI'LEMENT AGREEMENT THIS SETTI.EMENT AGREEMENT is made by and between AMVETS Post #51, 9293 Township Road 79 NW, Thornville, Ohio 43076, Petty County ("AMVETS #51") and the Ohio Attorney General ("Attorney General"), for the purpose of resolving the Attorney General's concerns with respect to AMVETS #51's use of charitable bingo proceeds. Together, the Attorney General and AMVETS #51 are referred to hereinafter as "the parties." 1. WHEREAS, the Attorney General is responsible for the administration and enforcement of Ohio's Charitable Bingo Law (Ohio Revised Code Chapter 2915 and the Ohio Administrative Code Rules adopted thereunder), Ohio's Charitable Trust Law (Ohio Revised Code 109.23, et seq,), and Ohio's Charitable Solicitation Law (Ohio Revised Code Chapter 1716). The Attorney General is also charged at common law to protect charitable trust assets from abuse and to ensure that the proceeds from charitable solicitation are used for intended purposes; 2. WHEREAS, AMVETS #51 is licensed to conduct charitable instant bingo and was required pursuant to Ohio Revised Code 2915.101 to donate 25% of net profit from the proceeds from the sale of instant bingo to a 501 (c) (3) public charity; 3. WHEREAS, AMVETS #51 contracted with AMVETS Career Center, Inc., a 501(c)(3) public charity, for the donation of the post's required 25% charitable instant bingo distribution. AMVETS Career Center, Inc. retained a small portion (approximately 15%) of the 25% charitable distribution amount and then transferred the remaining charitable proceeds back to the post for the operation of a career center located within the post. The post then held the charitable proceeds under trust and was required to use all of the proceeds received from AMVETS Career Center, Inc. to provide career training for veterans of the U.S. Armed Forces. However, not all of the charitable proceeds were used for the intended charitable purposes and post officers did not cornply with fiduciary responsibilities with respect to the expenditure of funds; NOW THEREFORE, in consideration of the mutual promises herein expressed, and with intent to be legally bound, the parties agree as follows: 4. AMVETS #51 agrees to distribute all amounts required to be distributed to a 501(c)(3) charity from bingo pursuant to Chapter 2915 of the Revised Code to AMVETS Career Center, Inc., as it is currendy named, on a monthly basis until at least December 31, 2017. AMVETS Career Center, Inc., as it is currendy named, will hold all charitable proceeds and utilize those proceeds for career training and employment assistance for veterans of the U.S. Armed Services. A separate agreement will he executed with AMVETS Career Center, Inc.; 5. AMVETS #51 agrees that all assets in its possession received from AMVETS Career Center, Inc. and currendy set aside or designated for the benefit of career training or employment assistance for veterans, including proceeds held in any account designated for its career center, shall be immediatdy turned over to AMVETS Career Center, Inc. 6. In return for AMVETS #51's execution of and compliance with this Settlement Agreement, the Attorney General will not take civil or administrative enforcement action against the post with respect to the facts stated in paragraph 3 of this Settlement Agreement. However, should AMVETS #51 fail to comply with the terms of this Settlement Agreement, the Attorney General may consider the facts stated in paragraph 3 and may take any action including administrative action with respect to the post's bingo license or bingo license applications; 7. AMVETS #51 agrees that any evidence of a violation of this Agreement shall he prima jacie evidence of the post's violation of the applicable federal laws related to charitable gambling, Ohio Revised Code Chapter 2915, or any related rule adopted under the Ohio Administrative Code, in any subsequent action or proceeding brought by the Attorney General; 8. This Setdement Agreement is binding upon the parties, any and all successors, assigns, subsidiaries, agents, employees, or representatives of the parties or any other affiliates. Any breach of this Settlement Agreement by AMVETS #51 will discharge the Attorney General from any obligations under the terms of this Settlement Agreement; 9. By signing this Settlement Agreement, the Attorney General is not waiving any rights he has to conduct further investigations of AMVETS #51 and to take necessary action for additional violations of law; 10. The parties have read and understand this Settlement Agreement and have entered into the same knowingly, voluntarily, and with the opportunity to gain advice of counsel; 11. This Settlement Agreement is entered into by all parties and may be executed in counterparts or facsimiles, each of which shall he deemed an original, but all of which shall constitute one and the same instrument. It shall he considered binding and effective upon the date of the last signature of all requisite parties and individuals. Page 2 of3 IN WITNESS WHEREOF, the parties to this Settlement Agreement have executed it and/or caused it to be executed by their duly authorized representatives: Approved by: ;;1 Phillip Lowry, Commander Date For AMVETS #51 Samuel J. Kirk III Date Assistant Section Chief For the Ohio Attorney General's Office Page 3 of3 Charitable Law Section Office 614-466-3181 Fax 150 East Gay Street, 23 rd Floor Columbus, Ohio 43215 www.OhioAttomeyGeneral.gov SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT is made by and between AMVETS Post #53, 16 Converse Street, Chauncey, Ohio 45719, Athens County ("AMVETS #53") and the Ohio Attorney General ("Attorney General''), for the purpose of resolving the Attorney General's concerns with respect to AMVETS #53's use of charitable bingo proceeds. Together, the Attorney General and AMVETS #53 are referred to hereinafter as "the parties." 1. WHEREAS, the Attorney General is responsible for the administration and enforcement of Ohio's Charitable Bingo Law (Ohio Revised Code Chapter 2915 and the Ohio Administrative Code Rules adopted thereunder), Ohio's Charitable Trust Law (Ohio Revised Code 109.23, et seq,), and Ohio's Charitable Solicitation Law (Ohio Revised Code Chapter 1716). The Attorney General is also charged at common law to protect charitable trust assets from abuse and to ensure that the proceeds from charitable solicitation are used for intended purposes; 2. WHEREAS, AMVETS #53 is licensed to conduct charitable instant bingo and was required pursuant to Ohio Revised Code 2915.101 to donate 25% of net profit from the proceeds from the sale of instant bingo to a 501(c)(3) public charity; 3. WHEREAS, AMVETS #53 contracted with AMVETS Career Center, Inc., a 501(c)(3) public charity, for the donation of the post's required 25% charitable instant bingo distribution. AMVETS Career Center, Inc. retained a small portion (approximately 15%) of the 25% charitable distribution amount and then transferred the remaining charitable proceeds back to the post for the operation of a career center located within the post The post then held the charitable proceeds under trust and was required to use all of the proceeds received from AMVETS Career Center, Inc. to provide career training for veterans of the U.S. Armed Forces. However, not all of the charitable proceeds were used for the intended charitable purposes and post officers did not comply with fiduciary responsibilities with respect to the expenditure of funds; NOW THEREFORE, in consideration of the mutual promises herein expressed, and with intent to be legally bound, the parties agree as follows: 4. AMVETS #53 agrees to distribute all amounts required to be distributed to a 501(c)(3) charity from bingo pursuant to Chapter 2915 of the Revised Code to AMVETS Career Center, Inc., as it is currently named, on a monthly basis until at least December 31, 2017. AMVETS Career Center, Inc., as it is currently named, will hold all charitable proceeds and utilize those proceeds for career training and employment assistance for veterans of the U.S. Armed Services. A separate agreement will be executed with AMVETS Career Center, Inc.; 5. AMVETS #53 agrees that all assets in its possession received from AMVETS Career Center, Inc. and currently set aside or designated for the benefit of career training or employment assistance for veterans, including proceeds held in any account designated for its career center, shall be immediately turned over to AMVETS Career Center, Inc. 6. In return for AMVETS #53's execution of and compliance with this Settlement Agreement, the Attorney General will not take civil or administrative enforcement action against the post with respect to the facts stated in paragraph 3 of this Settlement Agreement However, should AMVETS #53 fail to comply with the terms of this Settlement Agreement, the Attorney General may consider the facts stated in paragraph 3 and may take any action including administrative action with respect to the post's bingo license or bingo license applications; 7. AMVETS #53 agrees that any evidence of a violation of this Agreement shall be prima facie evidence of the post's violation of the applicable federal laws related to charitable gambling, Ohio Revised Code Chapter 2915, or any related rule adopted under the Ohio Administrative Code, in any subsequent action or proceeding brought by the Attorney General; 8. This Settlement Agreement is binding upon the parties, any and all successors, assigns, subsidiaries, agents, employees, or representatives of the parties or any other affiliates. Any breach of this Settlement Agreement by AMVETS #53 '\\ill discharge the Attorney General from any obligations under the terms of this Settlement Agreement; 9. By signing this Settlement Agreement, the Attorney General is not waiving any rights he has to conduct further investigations of AMVETS #53 and to take necessary action for additional violations of law; 10. The parties have read and understand this Settlement Agreement and have entered into the same knowingly, voluntarily, and with the opportunity to gain advice of counsel; 11. This Settlement Agreement is entered into by all parties and may be executed in counterparts or facsimiles, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. It shall be considered binding and effective upon the date of the last signature of all requisite parties and individuals. Page 2 of3 IN WITNESS WHEREOF, the parties to this Settlement Agreement have executed it and!or caused it to be executed by their duly authorized representatives: Approved by: Gene Bateman, Commander Date For AMVETS #53 Samuel J. Kirk III Date Assistant Section Chief For the Ohio Attorney General's Office Page 3 of3 V Gb:rnrinJh.. Office 614-466-3181 , . ;';.>. If<If'iC ;1 " __ -.- h MIKE DEWINE =*OHIOATTORNEYGENERAL*== H ..,,,,,,>\" v, ""11"""'''"'''-'''''. ",,$1'15
1HIS SEITLEl\fE"\lT AGREEI\ffiNT is made by and betweell AMVETS Post #54, 222 Paige Street, Bryan, Oh.io 43506, Williams COUllty ('Ai\f\c-:ETS #54") and the Ohio Attomey General ("Attomey General"), for the pwpose of resoking the _\ttomey General's concems 'with respect to AMVETS #54's use dl' t,'1r;,r,rrtlf:ilif as parties. 1. WHEREAS, the Attomey General is responsible for the administration and enforcement of Ohio's Charirable Bingp Law (Ohio Revised Code C.hapter 2915 and the Ohio _\dministrative Code RUIeii ,adoptt:d du.."U:':Undttl" OlUt{", T1.U,..;t L;:"v (OlUt, elk 10').2'), et ,fCq,), and Ohio's Otautab1e Solicitation Law (Ohio Revised Code Cnapter 1716), TIle Attomey General is also char.f.:,red at common law to protect charitable trust assets from abuse and to ensure that the proceeds from charitable solicitation are used for intended purposes; 2. LUfi"El'S is hcensed to conduct dlarimbVe instant bingo and was required pursuant to Ohio Revised Code 'Z')I5.1UI to donate of net profit from the proceeds from the sale of instant bingo to a 501(c)(3) public charity; 3. \VHEREAS, A1VfVETS #54 contracted with Al'viVE'rs Career Center, Inc., a SOl(c)(3) public charity, for: the donation of the post's required cbarirable instant bingo distribution. AMVETS Career Center, Inc. retained a small portion (approximately 15%) of the 25% charitable distribution amount and then transferred the remaining charitable proceeds back to the post for the operation of a career center located within the post. The post then held the charitable proceeds under trust and was required to use all of the proceeds received from AMVc-:ETS Career Center, Inc. to provide career training for veterans of the U.S. Anned Forces. However, 110t all of the charirable proceeds were used for the intended charitable purposes and post did not COtttpl) with fidul.-Jary l:CspoD$ibilities with :rt'$peLl to dIe expenditure of funds; ]\.jOW THEREFORE, in consideration ofthe mutual pmmise; bcrein expressed, and with intent to be legally bound, the parties agree as follows: IN WITNESS \x/HEREOF, the parties to this Settlement Agreement have executed it and!or caused it to be executed by their duly authorized representatives: App:roved by: ~ ~ Juan Barte:ra, Commande:r Date For AMVETS #54 Samuel J. Kirk III Date Assistant Section Chief For the Ohio _\ttomey General's Office Page 3 of3 02/05/2013 11:17 7409471122 THOMAS PARFITT CPA PAGE 03 814-486-9788 T-29Z p.002/a04 F-T13 ClwitabIeLaw Secdon OfScc 614-466-3181 Fax 614-466.9788 150 Bast Gay Stfeet, 23nl Columbus, Ohio 43215 ,""".QJUoAttomevGenemgov SRTIT.RMRNT 6GB-ERMENI TIllS SE'M'J...EMEN'T AGIlEEMENT is made by and bctwc:c:n AMVETS PCltt. #58, 210 NO:l:tll M.arket Street, Wnverly. Ohio 45690, Pi\: County rAMVETS #58") and the Ohio Attotn.y ("Attorney Gene:aJ. 1 " fer the putpose of the Attomey General's conccms with respect (0 AMVETS #58's use of charitable bingo ptoeeeds. Together, the Genenl md.AMVETS #58 are lC!fer1'l:d to hf..'xcinftfter t'tht partie!!.'1 1. WHERRAS. the Attomey Gm.c!.I:Al it/. respcn!dbk! '01; the .clmiriliItrarlon and of Ohio', :8iI:1go Uw (Ohio R.Msed Code Chtpter 2915 a.o.d the Ohio AdministDtNe Code Rttles adopted thete\.lnder). Ohio'!! ChAritable Trust l.aw (Ohio Revised Code 109.:23, " and Ohio's Charitable Solicitation Law (Obiu Chapter 1716). 'The Am)mey Gc.oncrru is also charged at common bow to protect cbaritable tmst assets from Rod to ensure: thRt the proceed$ 110m cbuhable solicifabon lI1'e u,ed r()l:' intended purposes; 2. WHEREAS, AMVE'l."'S #58 WIlS licensed ttl c:onduct charitable bingo MKi '"5 reqWred pursUlIlt to Ohio Revised Code 2915.101 to 25% of net profit from the proeeeda Com the sRle ofinlltllnt bingo to ft 501 (t:)(3) public charity; 3. WHF..REAS, AMVE'"l"S #58 (Pnr.tllCted wim AMVE'l'S Cueer Center, Inc., a 501 ((:)(3) public c:hl.tity, for t.h.c dona.ti.on of the pOS!:'iI n:qukc:d 25% cbarit2hU! instant bingo distrlbution AMVBTS Career Ccnttt. Inc. re,rained I. small pottiol1 (approldlnlHciy 15%) of the 25% charir..blc clisrribudon amount and thejl UlIflSCel'ted the remaining charitable proceeds back to the post fa!: dte of a career center located within the post.. The PO!! then held the charitable proceeds tmdcr trust And Wll.S tequked to usc all of the proCUtld1i .cei.ved .&om AMVETS Center, Inc. to p.to,,"ide C:UCet r.rRining tOt veterans of the U.s. Aaned Foxtl!S. all of. the pJ:oceeds wete (ot the .intended charitable Rnd post officers did no; I;ornply with fiduduy cesponsil;Jilides with respect (0 [he elCpendirure of
NOW THEREFORE, in eoniSidettr.i()n of tlu: tnuttsAl promises hc:rl!in exp.te!lsed, AAd ,lIith inW:1t to be tegdy bound, the ape 9.S oHows: 02/06/2013 11:17 7409471122 THOMAS PARFITT CPA PAGE 04 02-04 a 2B13 04:19pm From-OHIO ATTORNEY T-282 P.OQ3/004 F-713 4. #58 .es to ditl:dbure all amounts n:quired to bl!! dHm"butec;l to II 501 (c)(") charity from. binao punuant to Chaptet .2915 of the Revised Code to AMVET$ Career Center, Inc., as it ;, CQtteody t1uned, on a monthly '*it mu.i1 at least 2017. .AMVHTS Career Ceoter, Inc., as it is cwrently wiU bold pll cblltitable proceeds md utili2:c Ihosa pmeeeds for CIln:er training and employment assistllrlCe lot 'VetetlU1.S of the U.S, Services. .A sq')l\J:Rte agreement. be with AMVRTS Ca&:1:er Center, Inc.; s. AMVETS #58 agrees that \ill assel:! in .its possession .ceceived &om AMV'BTS CI\l'eCt Center, Inc. aM cun:ently aside at designated to!! the bfmefit of career rr.i.otng Of employment: llS$.istan.<:e lor vetemns. including proceeds held in any account designated fot' its center, shlltt be immedisttely twned over to AMV'P;rS Cueer Ctntet, Inc.. 6. In (l!:t'Um foc AMVETS #58'5 execution o( and with this Settltmtnt .A.&feernetlt. the Attorney General w:iU not Dke or adrniniataltiVe enfotcement lCtion against the POSt widl .respect to the facts 'tilted in pl1'flppb 3 of this SetdemAnt Agr:ee.menc. However, should AMVETS &it to comply with the tcrmlI 0. t:h.ia Sde.ment Agreement, the Attomey GCI'lm:s1 may considet the bets :lfl\'Md in partpph 3 and may any ..ctiOfi including admiruflttttive action with tet1pect to the post's bingo lic:ense or bingo Ilpplic;ation:i; 7. AMVETS #58 agrees that any evidence of a vioJadon of th.UI Agreement !thalt be primfl evidence ot the post's violation of the appliCAble f'edeal laws rdatcd to clwitabIe gambtiQg. Ohio Code Cbapt()l: 2915, or any mated rule adopted undet Ohio Adrninilttative Code, in any subsCCJI.I.erl1: "Qon Or p.toceeding brought by the Attomcy 8. This Settlement Agreement is binding upon the pl\tlies, afiy and all IlUCcellIIOR, Qssigns, agents, employee$, ot representatives of tbe pardo or any other afilliates. Any ht:each of tb.U! Settll.unent .Ag:r:eement by AMV'];.'rs #58 will c&chuge the Attorney &om M.y obli8ft.ti.ons \lf1der the tmnc\ tJf this Settlement Agt.-metlG 9, By Sigl'ling this SentemeI1t Agreement. the Attorney Ge.neQJ. ill not wuiv.ing any dghts he has ro conduCl: Limbet investigation! of A'MVSoTS #58 Iltld to take nece&IAq IlCtion for additional vio.hu:i.O.D.ll ofJaw; 10. 'the pt.rties have I!ftCl and undenmd this Se'tdement Agreement and have enttted into the WIle knowiJ1glYt volUl'1mri1y. and with the opportl.m.ity to tPin advice of counsel: 11. This Senlement Agreement is entexed into by aD partie's and may be exec:uted in coul'I.terparn Oi ellro of which !lh4Jl be deemed an original. but IItt of which IJba1l C!OIUIrl.tute O!\e AAd me insl'.ll.Imen.t. It shall be CQn$idemi binding ana ()feet:.tv. upon the date of the 1ast signat:t1i'c of all rt!qWsite patties and intfutiduaJs. 02/06/2013 11:17 7409471122 THOMAS PARFITT CPA PAGE 05 .' 02-04-20tt 04:ISPIII FrorOHlO ATTORNEV IENERAL GI4-46S-91ea T-282 P.004/D04 F-11 $ IN Wl'I'NESS WHElUlOF, th.a put:icH to this have: executl:lct it and/or Qlwcd it to be exeOl_ 'by 'lb. duly aumaod Approved by! .
f'S"-\ Vi \. . GliMlndlindet Dare For AMVETS #58 3-,22 -/3 Sa-mud J. Kirk lTI Date &$iflt'llnr Sed.ion Chief Por me Ohio Attorney Office 614-466-9788 T-251 P.002/004 F-628 01-16-2013 03:20pm From-OHIO ATTORNEY GENERAL ChaDt4blc Law Section Office 614-466-3181 Fax 614-466-9788 8 150 Rut Gay Street, 23<4 Floor Columbus, Ohio 4321S www.OhiQArtomeyGalcnl.gov
nns SEm...EMEN'f AGREEMENT is made by and between AMVl::i.TS Post #66,10010 West State Route: 185, Covington, Ohio 45318, Miami County C'AMVEi*S #66',} and the Ohio Attomc:y General ("A[[omey General"), for the pw:pose of resolving the Attorney General's concemS with respect to AMVETS #66's use of charitable bingo ptOcceds. Together, the Anomer GenttaI and AMVETS #66 arc referred to hcrcin.a.her as "the panie,." 1. WHEREAS, the Attorncry' General ill responsible for the adminiurarion and enforcement of Ohio's Charitable Bingo Law (Ohio Revi:icd Code Chapter 2915 and the Ohio Administrative Code Rules adopted thereunder), Ohio'll Charitable TmSt Law (Ohio Revised Code 109.23, el 1,,/.), and Ohio's Charitable Solicitation Law (Ohio RL.-vised Codc C..hapter 1716). The Anorney is ahlo chuged ilt common law to protect charitable tI\lst: assets from abuse Ilnd to ensure that the proceeds fTom charitable solicitation are usccl for intended 2. WHEREAS, AMVETS #66 is licen:;ed t:O conduct charitable instant bingo and was required pur!lWlnt to Obio Revised Code 2915.101 to donate 25% of net profit from tht: proceeds from the lIale of m$t;ant bingo to a 50t (c)(3) public charity; 3. WHEREAS, AMVETS #66 conttactcd with AMVETS Career Center, Inc., II. 501(c){3) public dw:.ity, for the donation of me POSt'S required 25% charitable: UutSlnt bingo distribution. AMVETS Career Center, Inc. retained a small portion (approximately 15%) of the 25% cbruitable distribution amount and then ttansfen:cd the remaining charitable proceeds back [0 the POSt for the operation of II careel center located within lhe post. The post then held the charitable procL-eds under trust atld was required to use all of the proceed:! received from AMVETS Career Center, Inc. ro provide career training for veteralU of the U.S. Atmed Forces. However, not all of the charitable proceeds Wett used fot the intended charitable purposes and post officers did nor comply with fiduciary respoll9ibillties with respect to the apcnditure of funds; NOW THEREFORE, in conllidera:don of the mutUal promises herein expressed, and with intent to be lcga1ly bound, the: parties agree: as follows; 614-466-9188 T-251 P.003/004 F-628 01-16-2013 03:20pm From-OHIO ATTORNEY GENERAL 4. AMVETS #66 agrees to disttibute all amounts required to be distributed to a 501(c)(3) chariry from b.ingo pursuant to Chapter: 2915 of the Revised Code to AMVETS Career Center, Inc., as it .is cwrently named, on a monthly until ar least December 31, 2017. AMVETS Career Center, Inc., as it is CUtrerttly n1UIled, will hold all charitable proceeds and utilize those proceeds for career training and etnployment as:lisnnce for veterans of the U.S. Annecl A separate agreement will be executed with AMVETS Career Center, Inc.; S. AMVETS #66 agrees that all assets in possession received from AMVETS Career Center, Inc. md cunenuy set aside or designated for the benefit of career ttaining or employmenr assistance for veterans, including proca.-ds held in my aCCOUnt dt.'Signated for its career: center, shAll be immediately tut11f.:d ovcr to AMVETS Career Center, Inc. 6. In return fot 1\MVE.TS #66', execution of and compliance with this Setdement .Agreement., the Arromey Genenl. will nOt take civil or adminisuauve action again:!t the pOst 'With respect to the facts sratcd in paragraph 3 of this Settlement Agreement. HowcvCl.', should AMVETS #66 fail. to conlply with the terms of this Settlement .Ag:teement, the Attomcy General may consider the facts stated in paragraph 3 and may take any action including administrative action with respect to the post's bingO license or bingo lice11se applications; 7. AMVETS #66 (har any evidence of a violation of this Agreement shall be prima l.-vidence of the post's violation of the applicable federal laws related to chuitable g.unbling, Ohio Revised Code Chapter 2915, 01: any related rule adopted undet the Ohio Administrative Code, in any subsequenT. action Or proceeding brought by the Anomey General; 8. 'Ibis Settlement Agreement is binding L1pon the parties, any and all assigns, subs.idiaries, agent:>, employees, or representatives of the parties 01: a.ny other affiliaws. Any breach of this Setdement Agreement by AMVETS #66 will discharge the Attorney General from any obligations under the tCImS of this Setdemcnt Agreement; 9. By signing this Sctdement Agreement, the Attorney General is not waiving any right! he has ro conduct further investigations of AMVETS #66 and to rake nece:>sary action COl additional violations of law; 10. The parties have read and undcrsWld this Settlement Agreement and have entered into fhe same knowingly, voluntarily, and with the opportUnity to gain advice of counsel; 11. This Senlement Agreement is entered into by all parries snd may be executed in counterparts Or facsimiles, each of which shall be deetned an original.. but all of which shall con$titutc one and the saz:ne It shall be considered binding and effective upon the date of the la$t signature of all requisire parties and individuals. Page 20f3 614-466-9788 T-251 P.004/004 F-628 01-16-2013 03:20pm From-OHIO ATTORNEY GENERAL IN Wl1NESS WHEREOF, the parties to this Settlement Agreement have execuu.-d it and/or caused it to be executed by their duly authorized representatives: Approved by: ~ : - ~ # 7 /-/2-3 Rick Hannon. Commander Date For AMVETS #66 Samuel]. KirldII Assistant Section Chief For the Ohio Artamcy General's Office Page 30f3 02-05-2013 02:47pm From-OHIO ATTORNEY GENERAL 614-466-9789 T-294 P.Q02/004 F-717 Charitable Law Section Office 614-466-3181 Fax 614-466-9788 150 East Gay Street, 23 1J Floor Ohio 43215 www,OhioArromeyGenet.'lll.gov Sf.:rn.RMENT AGREEMENT THIS SETILEMENT AGREEMENT is made by and between AMVETS Post #69. 155 Ea.st Tiffin Street, Fo:!tom, Ohio 44830, Seneca County (ctAMVETS #69'; and the Ohio Arromey ("Attorney General"), for the purpose ofresolving the Attorney General's concerns with rt:>pect to AMVETS #69's use of charitable bingo proceeds. Togerher, the Anorney General and AMVETS #69 are referred to hereinafter as "the 1. WHEREAS, the Attoml.'Y General is responsible for the administtacion and enforcement of Ohio's Ch:uitable Bingo Law (Ohio Revised Code Chapter 2915 and the Ohio Administrative Code Rules adopted thereUllder). Ohio's Charitable Tt:U$t Law (Ohio Revi:;ed Code 109,23, et J"(lq,), and Ohio's Charitable: Solicitation Law (Ohio Rc.'vised Code Chapter 1716). The Attorney General is also charged at common law ro plotect charitable trust assets from abuse and IO ensute that t.he proceeds from charitable are used for. intended purposes; 2. WHEREAS. AMVETS #69 is licensed to conduct charitable instant bingo and was required pursuant to Ohio Revi$ed Code 2915.101 to donate 25% of net profit from the proceeds from rhe sale of instant bingo (c) /I. 501 (c) (3) public chanty; 3, WHEREAS, AMVETS #69 contta.cted with AMVETS Career Center, Inc., a 501(c)(:3) public charity, for the donation of the post's required 25% charitable instant bingo disn:ibuo.on. AMVETS Carc:cr Centcr, Inc. retained a small portion (approximately 15%) of the 25% charitable dimiburion amount and then transferred the remaining charitable proceeds back to the POSt for the operation of a career center located within the pOilt. The po!>t then hdd the charitable proceed:> under truSt and was required to tllSC all of the proceeds received from AMVETS Career Center, Inc. to provide career training for veterans of the U.S, Armed Forces. However, not all of the charitable proceeds were used for the intended charitable purposes and post officer.> did not comply with fidl.lciary rcsponsibilities with respect to the expenditure of funds; NOW THEREFORE, Ul con:;;ideracion of the muroal promises herein expressed, and with intent to be legally bound, the partie:; agree as follows: Received Time Feb. 5. 2013 2:37PM No.0164 02-05-2013 02:47pm From-OHIO ATTORNEY GENERAL 614-466-9788 T-284 P.003/004 F-7t7 4. AMVETS #69 agree!! to distribute all amounts required to be distributed to a 501(c)(3) charity from bingo pursuant to Chapter 2915 of the Revised Code to .t\MVETS Career Center, Inc., as it is currently named, on a montllly basis until at least December 31. 2017. AMVETS Career Center, Inc., as it is CllIrently named, will hold all charitable proceeds and utilize those pwceeds for career ttaining and employment assisrance for of the U.S. Armed Services. A separate agreement will be executed with AMVE1'S Careet Center, Inc.; 5. AMVETS #69 agrees that all assets in its possession received from A.MVETS Career Center, Inc. and CUIrcndy set aside or designated for the benefit of career training or employmenr assistance for veterans, including proceeds held in any account designated for its career center, shall be immediarely rumed over to AMVETS Career Center, Inc. 6. In return for AMVETS #69'", of and compliance with this Settlcmt:nt Agreement, the Attorney General will not take civil or administrllr:ive enforcement action againsr the POSt with respect to the facts stated in paragraph 3 of this Settlement Agreement. However, should AMVETS #69 fail ro comply with the terms of this Serdemenr Agreement. the Anomey General may consider the facts $tated in patagraph 3 and may take any action including administrative action with respec'C to the post's bingo license or bingo license applications; 7. AMVETS #69 agrees that any evidence of a violation of this Agreement shaJ./. be prima fade evidence of the post':> violation of d1e applicable fedcrallaWll related to charimble gambling, Ohio Code Chaprer 2915, or any relared role adopted under the Ohio Administrative Code, in any subsequeIlt action or proceeding brought by the Atromey General; 8. This Settlement Agreement binding upon the parties. any and all lmcccssors, assigns, subsidiaries, agentS, employee !I, or representatives of the pattie!l or any orher a{fiJiares. Any breach of this Settlement Agreement by AMVETS #69 'Will discharge the Anomey General from any obligations under the tenns of this Settlement Agreement; 9. By signing this Settlement Agreement, the Attorney General is not wai'9'ing any rights he has to conduct further invesrigarions of AMVETS #69 and to rake necessary action for additional violations of law, 10, The parries have rcad and understand this Setdement Agreement and have entered into the same knowingly. voluntarily, and with the opportunity to gain advice of counsel; 11. This Setdement Agreement is entered into by all parties and may be executed in counterparts or facsimiles, each of which shall be deemed all original, but all of which shall constitute one and the instrument. It shall be considered binding and effective upon the date of the last signattu:e of ill requisite parties and individuals. P:lge 20f3 Received Time Feb. 5. 2013 2:37PM No.0164 02-05-2019 02:48pm From-OHIO ATTORNEY GENERAL 614-466-9788 T-Z94 P.004/004 F-717 IN WITNESS "WHEREOF, the: parties to this Sctdcmem AgreemenT have exectl[ed it and/or cau$ed it to be executed by their duly authorized rep:t'esenl:atives: Approved by: For AMVETS #69 SamuelJ- Kirk III Date Assistant Section Chief For the Ohio Attomt.-y G(.,'tlcral's Office Page 3 of3 Received Time Feb. 5. 2013 2:37PM No. 0164 Charitable Law Section Office 614-466-3181 Fax 614-466-9788 9MU{E DEWINE ..... c.. ... OHIO ATTORNEY GENERAL .....__ 150 East Gay Street, 23,d Floor Columbus, Ohio 43215 www.OhioAttomeyGeneral.gov SETILEMENT AGREEMENT THIS SETILEMENT AGREEMENT is made by and between AMVETS Post #71, 4829 Industry Drive, Fairfield, Ohio 45014, Butler County ("AMVETS #71") and the Ohio Attorney General ("Attorney General"), for the purpose of resolving the Attorney General's concerns with respect to AMVETS #71's use of charitable bingo proceeds. Together, the Attorney General and AMVETS #71 are referred to hereinafter as "the parties." 1. WHEREAS, the Attorney General is responsible for the administration and enforcement of Ohio's Charitable Bingo Law (Ohio Revised Code Chapter 2915 and the Ohio Administrative Code Rules adopted thereunder), Ohio's Charitable Trust Law (Ohio Revised Code 109.23, et seq,), and Ohio's Charitable Solicitation Law (Ohio Revised Code Chapter 1716). The Attorney General is also charged at common law to protect charitable trust assets from abuse and to ensure that the proceeds from charitable solicitation are used for intended purposes; 2. WHEREAS, AMVETS #71 is licensed to conduct charitable instant bingo and was required pursuant to Ohio Revised Code 2915.101 to donate 25% of net profit from the proceeds from the sale of instant bingo to a 501 (c) (3) public charity; 3. WHEREAS, AMVETS #71 contracted with AMVETS Career Center, Inc., a 501(c)(3) public charity, for the donation of the post's required 25% charitable instant bingo distribution. AMVETS Career Center, Inc. retained a small portion (approximately 15%) of the 25% charitable distribution amount and then transferred the remaining charitable proceeds back to the post for the operation of a career center located within the post. The post then held the charitable proceeds under trust and was required to use all of the proceeds received from AMVETS Career Center, Inc. to provide career training for veterans of the U.S. Anned Forces. However, not all of the charitable proceeds were used for the intended charitable purposes and post officers did not comply with fiduciary responsibilities with respect to the expenditure of funds; NOW THEREFORE, in consideration of the mutual promises herein expressed, and with intent to be legally bound, the parties agree as follows: 4. AMVETS #71 agrees to distribute all amounts required to be distributed to a 501(c)(3) charity from bingo pursuant to Chapter 2915 of the Revised Code to AMVETS Career Center, Inc., as it is currently named, on a monthly basis until at least December 31, 2017. AMVETS Career Center, Inc., as it is currently named, will hold all charitable proceeds and utilize those proceeds for career training and employment assistance for veterans of the U.S. Armed Services. A separate agreement will be executed with AMVETS Career Center, Inc.; 5. AMVETS #71 agrees that all assets in its possession received from AMVETS Career Center, Inc. and currently set aside or designated for the benefit of career training or employment assistance for veterans, including proceeds held in any account designated for its career center, shall be immediately turned over to AMVETS Career Center, Inc. 6. In return for AMVETS #71's execution of and compliance with this Settlement Agreement, the Attorney General will not take civil or administrative enforcement action against the post with respect to the facts stated in paragraph 3 of this Settlement Agreement. However, should AMVETS #71 fail to comply with the terms of this Settlement Agreement, the Attorney General may consider the facts stated in paragraph 3 and may take any action including administrative action with respect to the post's bingo license or bingo license applications; 7. AMVETS #71 agrees that any evidence of a violation of this Agreement shall be prima facie evidence of the post's violation of the applicable federal laws related to charitable gambling, Ohio Revised Code Chapter 2915, or any related rule adopted under the Ohio Administrative Code, in any subsequent action or proceeding brought by the Attorney General; 8. This Settlement Agreement is binding upon the parties, any and all successors, assigns, subsidiaries, agents, employees, or representatives of the parties or any other affiliates. Any breach of this Settlement Agreement by AMVETS #71 will discharge the Attorney General from any obligations under the terms of this Settlement Agreement; 9. By signing this Settlement Agreement, the Attorney General is not waiving any rights he has to conduct further investigations of AMVETS #71 and to take necessary action for additional violations of law; 10. The parties have read and understand this Settlement Agreement and have entered into the same knowingly, voluntarily, and with the opportunity to gain advice of counsel; 11. This Settlement Agreement is entered into by all parties and may be executed in counterparts or facsimiles, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. It shall be considered binding and effective upon the date of the last signature of all requisite parties and individuals. Page 2 of3 IN WI1NESS WHEREOF, the parties to this Settlement Agreement have executed it and/or caused it to be executed by their duly authorized representatives: Approved by: Date For AMVETS #71 Samuel J. Kirk III Date Assistant Section Chief For the Ohio Attorney General's Office Page 3 of 3 11-17-Z013 04:Z4D1 Fru.-OHIO ATTORNEY GENERAL 614-466-9788 T-Z6B P.ODZ/004 F-64B Ch1I.O.tibIe lA.w Semon 0t1ice 614-466-311[ Pax 614--t166-978t 150 But Gay Stxeet. 23'" Floot c.arua.bes, 0biG4l215
nus SE'ITLEMENT AGREEMBNl' is made by md between AMVRTS POSt #76, P.O. Box 5763, 20 CampbellSttf:et. Albtm. ()hi) 45101. Athc:as c-,("AMVRl'S #I1t.j .....0IIiD AnnnH:r General ("Attom.e)' Geocnl"). tot the pm:pote of the Gcneft/.'s COtlCc:.ms wirh respect m AMVETS #76'. use of cb ..qWe biogo pr.oceedl. the Attomc:y Geoenl and AMVRTS #76 ue 1CEenrit 1:0 hal in,fPr ti "'1hc J*!ieL L WHEREAS. the Artonley Gc:oeral is resporwbJe for che administraaon IlJ1d of Ohio'!! amw.. Biugo Law {OIIID .lbiIed Carle a..,..- 2t15 _ die Obio Cadr Rules t.ber:eunderj. Ohio's Ow:itablc Trust Law (Ohio R.ev:ised Code 109.23. ,'II'tJJ. atad Ohio's Clwixable Solicit..rlDn Law (Ohio B.cviscd Code Cbtptcr 1716). At:m.mcy Gmen1 is eo dsaJraed UJIIiIWiI't. ..,., pu:-=a dwiMWc IDIIlt assem &om abuse .0to.emurc daat the proceeds from cbuirabJe solicitation au: osc:d fur iureudccl pu:t.'pOIICII' 2. WHEREAS, AMVE.TS #76 is licensed 'IX) conduct <barifilblc insrmt biogo sod wall rcqWted put__Ohio Cod.:: 2tt5.101 CD 2S% ofId..- tiom me pmr.". f:alm the sale ofmslmt bingo m I. 5Ol(e)(3) public duuity; 3. WHE.B.EAS, AMVETS #76 amttaaed wUh AMVliTS Cuccr Cc:ntet. Inc., a SOl(c)(3) pQblic dwIiI.y. fix de ....... of * ,..n .,.' .. rhea hie ....... biap disuiblJlioo AMVETS Catttx Centea; Inc. reWned It umD. portion (approximatdy 150/0) of the 251'10 charitab\l! dimibur:ion amount a.ad then tramfca:ed the 1'f1Nining c:b.ad'aIble ptocccds bade 'IX) tbI: post Ihr die opeatioo of .. c:u:o::r cemer: 1ocab:d w1dWl die post. 1'hc posr Ibm hdd the charitable under ImSt md 1#1$ a:quitcd to use an oE the ftI1Clivcd from .AMVE.TS CUCC% Center, loe. to provide Qreer tnin:ine for vtHel'UIlI of dle U.s. .Al:m.c!d Fon::cs. lIIOI: ... of the cbarimblc prooceds "IJI'ele 'IJIIl'.d foz: the 1oteadi cbaDtabie pusposcs and pDiill ma DDt 'Widt 5daciay '9oliI:h to .. ep!hlihm:; of funds; NOWmEREFORE,.in coosidctati.on of the mutual pf01Pises c:xpmsed. and with intent
11-11-2013 04:25D1 Froe-OHIO ATTORNEY GENERAL 614-466-8788 T-285 P.D03/004 F-648 4. A.MVETS #76 agr.ees en ..u am.ow:us n:.qWzed to be dUmhutt:d to a 501(c)(3) ehIu:ity from hmgo pnrsuan't '= 21!S_ GMc tit A'MVElS Lx.. ss.iris cw:xendy 1lIlllXd. Ofllt .tIlOnthly basis QRtil at least Deccmbe:r 31. 2017. ANVETS Carcet' Ceon:r, Inc., as it is cunendy named, will hold all cbarjmb]e proceeds and utiJ.iu: those proceeds for CIIIB:I: uaiaiDg _ 'FsDIK'e b of the US Am:Jtd. A sepalCttl' agreement will be ex:ec:uu:d wiIh .AMVETS Cm:e.r Ceaar. !m;.; 5. AMVETS #76 agt.cci dsa.t all 85IICt$ in .im possetsion n:tei\l'ed from AMVE1S Career Cc.o.=:. Inc. .w4 mnem.'tj '@li.Ed _dte ........ace fot vercrans. itu::h1ding p:rocccds held in lilly acc.ouo.t desipted fo.r ill cuccr ce.nt'lef, dWl be .immediately tw:n1 over to AMVETS Cuect Cenre.r. lnc. 6. In tttuM for AMVETS #76'$ cxealtioo. of and c.ompJi8nce wirh tI:d.6 Setdc!mcnt .t\gmemmt. me AbDDIq GeGeal 'Will not akc civil 01: caIotICf'DlCOl: action against the post with 10 _ Dora; ia :3 of 1his H:twrt::'f'e!J mtdd. AMVETS trl6 fail to comply witb the tt:ImS of Ibis Settleme41: the Gc:ncml COD.S'.idet the &cts smn:d in puapph 3 and may take any action including administnrivc ...mtpett til) die pa'$ biaeolicc:aR sppt.lt.iMs;. 7. AMVRTS #76 agtCe$ dw: lilly eridence of. violation ofthis shAll bepri-J- evidence m'tbept:rri"i lIitOtitm "fiM whk _dwil"'" Code Cbaple[ 291S. Of: lJly telatzd rule adoptJ::d undet the Ohio AdministJ:ative Code.. in tny .ubsc:qu.ect action or pmcx:cding brought by die Attomcy 8. 'This SettJ.cment Ago::t:ment is binding upon the putiel. any and all 51lCCC$SOU. assigru. folxridiarics. ()( of puba OJ: ..y olba ffi1ia c.:s Any hteacb or this Set.dt:meIIl .Apw:illiMT by .AMVEIS #16 -wm fmm. tI!!f obligati.oas ll1lIk:r the U!mIS ofd.Us Settlement .Agreement; 9. By si&ning rlDs Setdemca.t Agreemcor. me Anomcy Gener:aI is not waiving U1Y Gghb he: has 10 cOnduct funbet investigations of AMV1!'IS #76 and. 11> take 1lCQ!!Ssuy action lot additional wioiPiom q(1M; 10. have.read IIlld I.llldt:amnd this Settlt:m.cll[ Agrecme.nr and have euteted into the same _,mlay, md'WidlmcOif'P'l"(MI&ily II I; 11. This Smkmcn.t Agn::c:meftt is cnmted into by and may be CXCCU0:4 in countctpata at tW ';".", .. cfWbi:cb shtI""""RitmJe one md I.e _.fIla ......al, _ the same instmmc:m. It shall be considcrecl biodWg mel effective upon the dim: of the last "rurc of aU requi.si.u: patties and individuals. Pt.ge2of3 11-17-2013 04:2511 FrOl-OHIO ATTORNEV GENERAL 614-466-8788 T-265 P.0041D04 F-648 IN WITNESS WHEREOF. the putics ro this Setdement have executed it and/or caused it to be tneritf Approved by. For AMVETS #76 the Ohio Att:omev Gcnaar. Of.fice Charitable Law Section Office 614-466-3181 Fax 614-466-9788 150 East Gay Street, 23 n1 Floor Columbus, Ohio 43215 www.OhioAttorneyGeneral.gov SETTIEMENT AGREEl\{ENT THIS SETTLEMENT AGREEMENT is made by and between Al\-IVETS Post #84, 208 Broadway Street, Jackson, Ohio 45640, Jackson County ("AMVETS #84") and the Ohio Attorney General ("Attorney General"), for the purpose of resolving the Attorney General's concerns with respect to AMVETS #84's use of charitable bingo proceeds. Together, the Attorney General and AMVETS #84 are referred to hereinafter as "the parties." 1. the Attorney General is responsible for the administration and enforcement of Ohio's Charitable Bingo Law (Ohio Revised Code Chapter 2915 and the Ohio Administrative Code Rules adopted thereunder), Ohio's Charitable Trust Law (Ohio Revised Code 109.23, et seq,), and Ohio's Charitable Solicitation Law (Ohio Revised Code Chapter 1716). The Attorney General is also charged at common law to protect charitable trust assets from abuse and to ensure that the proceeds from charitable solicitation are used for intended purposes; 2. AMVETS #84 is licensed to conduct charitable instant bingo and was required pursuant to Ohio Revised Code 2915.101 to donate 25% of net profit from the proceeds from the sale of instant bingo to a 501 (c) (3) public charity; 3. Al\fVETS #84 contracted with iu\fVETS Career Center, Inc., a 501(c)(3) public charity, for the donation of the post's required 25% charitable instant bingo distribution. _AL\fVETS Career Center, Inc. retained a small portion (approximately 15%) of the 25% charitable distribution amount and then transferred the remaining charitable proceeds back to the post for the operation of a career center located within the post. The post then held the charitable proceeds under trust and was required to use all of the proceeds received from AMVETS Career Center, Inc. to provide career training for veterans of the U.S. ,t\nned Forces. However, not all of the charitable proceeds were used for the intended charitable purposes and post officers did not comply with fiduciary responsibilities 'With respect to the expenditure of funds; NOW THEREFORE, in consideration of the mutual promises herein expressed, and with intent to be legally bound, the parties agree as follows: 4. AMVETS #84 agrees to distribute all amounts required to be distributed to a 501(c)(3) charity from bingo pursuant to Chapter 2915 of the Revised Code to Al\fVETS Career Center, Inc., as it is currendy named, on a monthly basis until at least December 31, 2017. AMVETS Career Center, Inc., as it is currendy named, will hold all charitable proceeds and utilize those proceeds for career training and employment assistance for veterans of the U.S. Anned Services. A separate agreement will be executed with AMVETS Career Center, Inc.; 5. AMVETS #84 agrees that all assets in its possession received from AMVETS Career Center, Inc. and currendy set aside or designated for the benefit of career training or employment assistance for veterans, including proceeds held in any account designated for its career center, shall be immediately turned over to AMVETS Career Center, Inc. 6. In return for AMVETS #84's execution of and compliance with this Setdement Agreement, the Attorney General will not take civil or administrative enforcement action against the post with respect to the facts stated in paragraph 3 of this Settlement Agreement. However, should AMVETS #84 fail to comply with the terms of this Setdement Agreement, the Attorney General may consider the facts stated in paragraph 3 and may take any action including administrative action with respect to the post's bingo license or bingo license applications; 7. AIvrVETS #84 agrees that any evidence of a violation of this Agreement shall be prima facie evidence of the post's violation of the applicable federal laws related to charitable gambling, Ohio Revised Code Chapter 2915, or any related rule adopted under the Ohio Administrative Code, in any subsequent action or proceeding brought by the Attorney General; 8. This Setdement Agreement is binding upon the parties, any and all successors, assigns, subsidiaries, agents, employees, or representatives of the parties or any other affiliates. Any breach of this Settlement Agreement by l\MVETS #84 will discharge the Attorney General from any obligations under the terms of this Setdement Agreement; 9. By signing this Setdement Agreement, the Attorney C":reneral is not waiving any rights he has to conduct further investigations of A\fVETS #84 and to take necessaty action for additional violations of law; 10. The parties have read and understand this Settlement Agreement and have entered into the same knowingly, voluntarily, and with the opportunity to gain advice of counsel; 11. This Setdement Agreement is entered into by all parties and may be executed in counterparts or facsimiles, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. It shall be considered binding and effective upon the date of the last signature of all requisite parties and individuals. Page 2 of 3 IN WITNESS WHEREOF, the parties to this Settlement Agreement have executed it and/or caused it to be executed by their du1y authorized representatives: Approved by: ~ , - ~ ~ < ~ ' \ ' :;}"\'d-. David Brown, Commander Date For &\fVETS #84 Samuel J. Kirk III Date Assistant Section Chief For the Ohio Attorney General's Office Page 3 of 3 ChoilBble Law Section Office 614--466-3181 Fax 614-466-9788 150 &tGAy Street. 23ft! Floor Columbus, Ohio 43215 www.OhioAttonleJGenetal.gov SETtLEMBNTAGREEMBNT nus SETILEMENT AGREEMENT is made by and between AMVETS Post #ff1, 7825 State Route 61, Mt. Gilead, Ohio 43338, Morrow County ("AMVETS #87', and the Ohio Attomey Gene.ral t<Attomey General"), fur the purpose ofresolving the At:tomey General's cuncems with respect to AMVETS #87'5 use of charitable bingo proceeds. Together, the Attorney General and AMVETS #87 are referred to hereinafter as "the parties." 1. WHEREAS, the Attorney General is .responsible for the administmtion and enforcement of Ohio's Charitable Bingo Law (Ohio Revised Code Chapter 2915 and the Ohio Administrative Code Rules adopted thereunder), Ohio's Charitable Trust Law (Ohio Revised Code 109.23, d 1Itj,), and Ohio's Charitable Solicitation Law (Ohio Revised Code Chapter 1716). The Attorney Gene.ral is also cba:tged at common law to protect charitable trust assets &om abuse and to ensure that the proceeds from charitable solicitation are used fur intended purposes; 2. WHEREAS. AMVETS #87 is licensed to conduct charitable instant bingo and was requited pursuant to Ohio Revised Code 2915.101 to donate 25% of net plofit from the proceeds ftom the sale of instant bingo to a 501 (c)(3) public charity; f 3. WHEREAS. AMVETS #87 contracted with AMVETS Career Center, Inc., a 501(c)(3) public charity, ful the donation of the post's required 25% charitable instant bingo distribution. AMVETS Can:er Center, Inc. retained a small pomon (approximately 15%) of the 25% charitable distribution amount and then transferred the remaining charitable proceeds back to the post fur the operation of It career center located within the post. The post then held the charitable proceeds under trust and was requited 10 use all of the proceeds received from AMVETS Career Cenk1; Inc. to provide career training fur veterans of the U.s. Armed Forces. However, not all of the charitable proceeds were used for the intended dw::itable pUIpoSes and post officers did not comply with fiduciaty responsibilities with tespect to the expenditure of funds. NOWTHEREFORE. in consideration of the mutual promises herein expressed, and with intent to be legally bound, the parties agree as fullows: 4. AMVETS #81 agrees to distribute all amouots required to be distributed to a 501(c)(1) cbRrity from bingo pursuant to Chaptc: 2915 of the Revised Code to AMVETS Career Centc:, Inc., as it is cw:rendy ruuned. on a monthly basis uotil at least December 31, 2017. AMVETS Career Center, Inc., as it is cw:rendy named, will hold an chRritable proceeds and utilize those ptoceeds fot career training and employment assistance for veterans of the U.S. Armed Se.tvices. A separate agreement will be executed with AMVETS Career Center, Inc.; 5. AMVETS #87 agrees that all assets in its possession received from AMVETS Career Center, Inc. and cu.aendy set aside or designated for the benefit of career training or employment assistance for veterans, including proceeds held in any account designated for its career center, shaH be immediately turned over to AMVETS ClUeer Center, Inc. 6. In return for AMVETS #87's execution of and comp1ia11ce with this Settlement Agreement. the Attomey General will not take civil or administrative enforcement action against the post with respect to the facts stated in patagtaph 3 of this Settlement Aguement However, should AMVETS #87 fail to comply with the terms of this Settlement Agreement, the Attorney General may consider the facts stated in paragraph 3 and may take any action including adtniuistrative action with respect to the post's bingo license or bingo license applications; 7. AMVETS #87 agrees that any evidence of a violation of this .Agreement shall be prima JlIm evidence of the post's violation of the applicable federal laW6 telated to charitable gambling. Ohio Revised Code Chapter 2915, or any related ru1e adopted UDder the Ohio Administrative Code, in any subsequent action or proceeding brought by the Attorney General; 6. This Settlement Agreement is binding upon the parties, any and all successol'$, assigns, subsidiaries, agents, employees, or representatives of the parties or any other affiliates. Any breach ofthis Setderneot Agreement by AMVEfS #87 will discharge the Attorney General from any obligations uoder the terms of this Setdement Agreement; 9. By aigning this Settlement Agreement, the Attorney Genetal is not waiving any rights he has to conduct further investigations of AMVETS #87 and to take necessary action for additional violations of law; 10. The parties have read and undel'$t:and this Setdetnent Agreement and have entered into the same knowingly, voluotarily. and with the opportunity to gain advice ofcouosel; 11. This Settlement Agreement is entered into by all pattiet; and may be executed in couotetparts or facsimiles, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. It shall be considered binding and effective upon the date of the last signature of all requisite parties and individuals. Page2of3 . IN WITNESS WHEREOF, the parties to this Sett1ementAgn:ementhave executed it and/or: caused it to be executed by their duly authorized representatives: Approved by: ~ c ~ Robert George, Commander Date For AMVETS #87 Samuel J. Kirk III Date Assistant Section Chief For the Ohio Attorney Generars Office Page 3 of3 01-18-2013 09:51am From-OHIO ATTORNEY GENERAL 614-466-9788 T-269 P.002/004 F-653 Charitable LfLW Section Office 614-466-3181 Fax 614-466-9788 150 E.allt Gay Sf.tet;:t, 23.d Floo( Columbus, Ohio 43215 www.OhioActOrneyGeneral.gov SETIT.EMF-NT AGREEMENT TIns SEITI.EMENT AGREEME.NT is made by and between AMVR'1'S POSt #88, 3449 Lefevre Road, Troy, Ohio 45373, Miami County ("AMVETS #88") and the Ohio Attorney Gencral ("Attorney Genera)"), for the purpose of resolving du: Attorney General's concernS with respect to AMVETS #88's use of t;haritable bingo proceeds. Together, the Attorney General and AMVETS #88 are referred to hereinafter a$ "the patties." 1. WHEREAS, the Attorney General is responsible for the administration and enforcement of Oluo's Charitable Bingo Law (Ohio Revised Code Chapter 2915 and the Ohio Administrative Code R u l e ~ adopted thereunder), Ohio's Charitable Trust Law (Ohio Revised Code 109.23, elieq,). and Ohio's Charita.ble Solicimcion Law (Ohio Revised Code Chapter 1716). The Attorney General is also charged at common law to protect cha:ritable truSt assets from abusc and to enslUc that the proceeds from charitable solicitation are used for inr.ended purposes; 2. WHEREAS, AMVETS #88 is licensed to conduct charitable instant bingo and was reqllired pursuant to Ohio Revised Code 2915.101 to donate 25% of net profit from the: proceeds from the :iale of inStant bingo to a 501 (c)(3) public charity; 3. WHEREAS, AMVETS #88 contracted with AMVE.'l'S Career Center, Inc., \l 501 (c) (3) public charity, for the donation of the post's required 25% charitable inStant bingo distribution. AMVETS Career Center, Inc. rcmmcd a SIIlftll portion (approximatdy 15'%) of the 25% charitable disuibucion amount and then tran:lfc:m:d the remaining charitable procecds back to the post fot the operation of a ca:rcer centc! locII.n:d within the POSt, The POSt then held the charitable proceeds under truSt :and was required to use all of the proceeds received from AMVETS Career Center, Inc. to provide carecr tra.ining {or vcterans Ot the u.s. Anned Forces. However, not aU of the chuitable proceeds were used for the intended charitable putposes :and post officers did nOt comply with fiduciaty tespol\sibilities with respect to the elq>endicure of funds; NOWTHEREFOR.E, in consideration aCthe mutual promises herein expressed. and with intent to be legally bound, the parties agree as follows: 01-18-2013 09:51am From-OHIO ATTORNEY GENERAL 614-466-9788 T-268 P.003/004 F-653 4. AMVETS #88 agIees to distribucc all amounts requited to be distributed to a 501 (c)(3) charity from bingo pUI5uant to Chapter 2915 of the RevUied Code to AMVETS Career Center, Inc., as it is currently named, on It monthly ba:;i:; until at least DecembtI 31,2017. AMVETS Career Center, Inc., as it is currently named. will hold all chaxitable p.roceeds and utilize: proceeds for cueer training and employment assistance for veterans of the U.S. Armed Services. A separate agreement will be executed with AMVETS Career Center, Inc.; 5. AMVETS #88 agrees that all assets in its possession rcceived from AMVETS Caree[ Center, Inc. and curtently set uide or designated for. the benefit of career training or employment assistance for veteran$, including proceeds held in any account designated for. its cateer center, shall be immediately turned over to AMVETS Career Center, Inc. 6. In rerum for AMVETS #88's execution of and compliance with this Settlement Agreement, the Attorney Genetlll will not take civil or administtative enforcement action against the post with respect to the facts stated in paragraph 3 of this Settlement Agteement. However, should AMVETS #88 fail to comply with the terms of this Settlement Agreement, the Attorney General may consider the facts stated i.n paragraph 3 and may take any action including administrl\tive action with respect to (he POSt'S bingo license ot bingo license applications; 7. AMVETS #SS agrees that any evidence of a violation of this Agccemenr shall be primaJane evidence of the post's violation of the applicable federallaw& related to chatitable gambung, Ohio Revised Code Chapter 2915. or any related rule adopted under the Ohio Administrative Code, in any subsequent acnon or proceeding brought by the Attorney General; 8. This Setdemem Agreement is binding upon the parries, any and ill successors, assigns, lIubsidiarles, agents, employees, or represenmrives of the patties or any other affiliates. Any breach of this Settlement Agreement by AMVETS #88 will dischntgc the Attorney General from any obligations under the tenus of thill Settlement Agteemenr; 9. By signing this Settlement Agreement, the Attorney General is not wlliving any rights he has to conduct further investigations of AMVETS #88 and to take necessary action for additional violations of law; 10. The parne:> have lead and understand this Seulemem Agreement and have entel:ed into the Same knowingly, volunrarily, and with the opportUnity to gain advice of counsel; 11. This Sctdement Agreement i:> entered into by all parties and may be executed in counterparts or facsimiles, each of which shall be deemed an original. but all of which shan constitute one and the same instrument. It ;;hill he considered binding and effeetive upon the date of the last of all requisite parties and individuals. Page 201:3 01-19-2013 09:52am From-OHIO ATTORNEY GENERAL 614-466-9788 T-268 P.004/004 F-653 IN WITNESS WHE.REOF. the partie$ to dUs Seruemem Agreement have executed it and/or caused it to be cxecuted by their duly authot.i2ed representatives; Approved by; mond Barker, Commandet Date FOt AMVETS #88 SanlUel1- Ki.rk III Date Assistant Secrion Chief For the Ohio Attorney General's Office }>:tge 3 of 3 61,","&-9788 P.ODl/OG4 F-S Chasitablc Law Office 614-466-3181 Fax 614-466-9788 l50 East Gay StJ:eet. 2l1ll Ploor Columbt....,Obio4l21S 'I/WW.OhloAttOMeyGt::ncrtl.gov THIS SETfLEMBNT AGREEMENT is made by and betwt!eo AMVETS POlit #89, 3,)35 WcsreMllc Itoad. Columbus, Ohio 43224, Franklin County (",AMVETS #89', and the Ohio AttOtney Geneal ,AtIomey Genettl''). for the purpose Qf the Anomey General', concerns with ICSpCCl to AMVETS #89'$ use of bingo proceeds. Together. me Attomey Gc:ncnl and AMVETS #89 IU'e referred to hetcitUltc:x as "the pan:ies." 1. W'HEltE.AS, the Atto.cucy Gene.ml ia responsible for me sadlnioisttation and enforcement of Ohio'!; Chariable Bingo lAw (Ohio .R.evlsed Code Chapta 2!;)15 and the Ohio Administntive Cock Rules lldopted thereunder), Ohio's Charitable Tam Law (Ohio Reviled Code 109.23. 1/ mJJ. a.n.d Ohio':j, Chatitnble SaliohltiOr) L1\W (Ohio Lviseel Code Chapter 1716). The Atromey General is also chatgtd It cOmmon law to ptotect dwitable rnm lI$set$ from abuse and TO CDIIUrt! tba.r the proceeds (rom dwil'able solicitation ate used for intended pu:po.ses; 2. WHRAS, AMVETS #89 .itt licensed to conduct charitable: insULnt and was required punuant to Ohio lteri$.ed Code 2915.101 to donnte 25% of net profit from the ptooeeds from me uk of instant b.ingt; IO a (c)(3) public charity, 3. WHEREAS, AMVE'fS #89 with AMVETS Ca.ceer Inc., II SOI(c)(3) public dwil)'. rOt the: donation of the po.st'$ requited 25% cha.ri.t'able instant bingo dismbution. AMVETS Career CenT.el. Inc. ret:a.ioc!d a timd portion 15%) of the: 25% c:huirable diStribution amount and then tran,felred the lemaining dwitable proceeds buk to me Or the operation of a career center located within the pOSt. The post then held tbe proceeds unclcr txust snd 'III'" required to UliC all oE the proceeds EtCCiVC!d from AMVE.:rs Career Center. Inc. [0 provide career uain.i.r1g for vetcram of the U.S . .l\tmed However, not all of the c.....aritable WClC: used for the intended charitable pucposcs and post oftken did not (;()mply with 6.duciaty mponsibilitks with respea to !he expenditure of funds; NOW 'IHEREFORE, in consideration of the MutUa] promises herein and w:ith intent to Legally bo\md, the ps:rties IlgIce 1$ follows: at-17-2QI3 05:62pm From-OHIO ATTDRNEY GENERAL 814-468-9781 T-286 '.003/D04 F-64V 4. AMVETS #89 spees to diswblone all amountl aquired to be ctisttibllted to. 501(c)(3) dw:ity ftom bingo pursuant to Chapter: 2915 of the R.cv:ised Code to AMVETS Career Center, Inc., l\ti it is c:u.a:ently named. on II monthly basis until at lea:It December 3', 2017. A.MVETS Catccr Cmu:r, wc., as it .is currently named, will hold all charitable p'l"OCt:eds and !lIwe those proceeds fo.l a:ainiug and employment as:ustlncc for of the U.s. Atmed SCI\lices. A sCPa3k agreement will be: executed with AMVETS Cfirttr Center, (nc.; S. A.I.\iVET'S #89 aga:el that aU assets in its poS:lcssion received from AM.Vln"S Career Ccntez:, Inc. and tw:tcrltly :'let .ide or de5ignaced (or the bou::6.t of career training 01' c.:mpJoymetlt assistance for vetenn:i. including proceeds held in any IU;Count dC!signar.ed for irs ClU:'a:t center, shall be immediately tumed (NU to A.MVBTS Cueet Centet. Inc. In [ftmn for .AMVE'1'S #89'5 cxecudon of and compliance with this Setrlement Agreement, mc Attorcaey win not rake civil or administrative en.forcemmt action agaUul: the post with respect to the f1l1;11> s.tatecl in paragraph 3 of this Senlement Agreement. However, shO\lld .AMVETS #89 fa1l to comply with the letmS of dUs Settlement Agreement, the Anomey General may consider the:' facts. :ltueci .in paragra,ph 3 and may take any action indudina 1lCOon with mpecr to the bingo 1ic:ense 0.1: bingo license application,_ 7. AMVS.TS #89 agrees that any evidence of II viollltion of this Agreement shall. be pn.a fuit evidtnc;e of the post's violation of the applicable fedenllawII relo.ted to chtrilllble gambling, Ohio R.evi$ed Code Chaptet 2915, or any related rule adopted undu the:' Ohio .Actminisua.tive Code. in my subsequent A.(;tion OJ: proceeding brought by t:he AttOL'lley General; 8. This Setdcment Agr.cm:ll:Dt is binding upon the partie$. IIny IDd aD succ:esllOt'$. al$igns, subsJdlAfia, agenrs. eMployees, or reprCl!cnCltives of whe parties 01 any oilia affiliatell. Any breach of this Setdanetn; Agteemelll by AMVETS #89 will discharge the Anomey Grncl'al rom any obligations under teans of this Sctde:ment Agreement; By signing this Settlement AgTC!ement. me Att<>mc:y General is Slot waiving any dflns h.e has to conduct further investigatiOl:1$ of AMVETS #89 and to take nectl!$azy action for additional violations of law, 10. The parties have read and understand this Sc:ttb:me.nt .o\greemcm and have entc:rod into the same knowingly. volDDtuily. and with the opponuniE)' to gain advice of coun$eJ; 11. Th.is Setrlement .Agreement is L'fltcred into by all puties and may be executed in countetparts or facsimiles, neb of which shall be deaned an original, but all of wl:W:h sh.211 consOtllte ooe and the same in.suwnent. It lIhall be considered bindillg and effeaivc upon the date of the last UgnntUre of all requmte y;tatOes and. iDdividuah. Pasc2of3 01-lf-lOI! 05:!3P1 FrOl-OHIO CeNERAl 114-4G1-ma IN wrrNSS WHF...R.EOF. the paxtic:; to this SC!ttlement Agreement have CXCQlted it and/or caUied it 10 be e:a:CCIlted bylheir duly lIuthuDzed tc!pz:esentatives: Approved by: 17 ,-Un /3 Por .AMV:ETS #89 Samuel]. Kirk m Date For the Obio General's Office 69 lsod SleALUV
Charitable Law Section Office 614-466-3181 Fax 614-466-9788 = * OHIO ATTORNEY GENERAL *= MIKE DEWINE 150 East Gay Street, 23 rd Floor Columbus, Ohio 43215 www.OhioAttomeyGeneral.gov SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT is made by and between AMVETS Post #93, 1055 Setty Road, Albany, Ohio 45710, Athens County ("AMVETS #93") and the Ohio Attorney General ("Attorney General"), for the purpose of resolving the Attorney General's concerns with respect to AMVETS #93's use of charitable bingo proceeds. Together, the Attorney General and AMVETS #93 are referred to hereinafter as "the parties." 1. WHEREAS, the Attorney General is responsible for the administration and enforcement of Ohio's Charitable Bingo Law (Ohio Revised Code Chapter 2915 and the Ohio Administrative Code Rules adopted thereunder), Ohio's Charitable Trust Law (Ohio Revised Code 109.23, et seq,), and Ohio's Charitable Solicitation Law (Ohio Revised Code Chapter 1716). The Attorney General is also charged at common law to protect charitable trust assets from abuse and to ensure that the proceeds from charitable solicitation are used for intended purposes; 2. WHEREAS, AMVETS #93 is licensed to conduct charitable instant bingo and was required pursuant to Ohio Revised Code 2915.101 to donate 25% of net profit from the proceeds from the sale of instant bingo to a 501 (c)(3) public charity; 3. WHEREAS, AMVETS #93 contracted with AMVETS Career Center, Inc., a 501(c)(3) public charity, for the donation of the post's required 25% charitable instant bingo distribution. AMVETS Career Center, Inc. retained a small portion (approximately 15%) of the 25% charitable distribution amount and then transferred the remaining charitable proceeds back to the post for the operation of a career center located within the post. The post then held the charitable proceeds under trust and was required to use all of the proceeds received from A"MVETS Career Center, Inc. to provide career training for veterans of the U.S. Armed Forces. However, not all of the charitable proceeds were used for the intended charitable purposes and post officers did not comply with fiduciary responsibilities with respect to the expenditure of funds; NOW THEREFORE, in consideration of the mutual promises herein expressed, and with intent to be legally bound, the patties agree as follows: 4. AMVETS #93 agrees to distribute all amounts required to be distributed to a 501(c)(3) charity from bingo pursuant to Chapter 2915 of the Revised Code to Al\1VETS Career Center, Inc., as it is currendy named, on a monthly basis until at least December 31, 2017. AMVETS Career Center, Inc., as it is currendy named, will hold all charitable proceeds and utilize those proceeds for career training and employment assistance for veterans of the U.S. Armed Services. A separate agreement will be executed with AMVETS Career Center, Inc.; 5. AMVETS #93 agrees that all assets in its possession received from AMVETS Career Center, Inc. and currendy set aside or designated for the benefit of career training or employment assistance for veterans, including proceeds held in any account designated for its career center, shall be immediately turned over to AMVETS Career Center, Inc. 6. In return for AMVETS #93's execution of and compliance with this Setdement Agreement, the Attorney General will not take civil or administrative enforcement action against the post with respect to the facts stated in paragraph 3 of this Setdement Agreement. However, should AMVETS #93 fail to comply with the terms of this Setdement Agreement, the Attorney General may consider the facts stated in paragraph 3 and may take any action including administrative action with respect to the post's bingo license or bingo license applications; 7. AMVETS #93 agrees that any evidence of a violation of this Agreement shall be prima facie evidence of the post's violation of the applicable federal laws related to charitable gambling, Ohio Revised Code Chapter 2915, or any related rule adopted under the Ohio Administrative Code, in any subsequent action or proceeding brought by the Attorney General; 8. This Setdement Agreement is binding upon the parties, any and all successors, assigns, subsidiaries, agents, employees, or representatives of the parties or any other affiliates. Any breach of this Setdement Agreement by AMVETS #93 will discharge the Attorney General from any obligations under the terms of this Setdement Agreement; 9. By signing this Setdement Agreement, the Attorney General is not waiving any rights he has to conduct further investigations of AMVETS #93 and to take necessary action for additional violations of law; 10. The parties have read and understand this Setdement Agreement and have entered into the same knowingly, voluntarily, and with the opportunity to gain advice of counsel; 11. This Setdement Agreement is entered into by all parties and may be executed in counterparts or facsimiles, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. It shall be considered binding and effective upon the date of the last signature of all requisite parties and individuals. Page 2of3 01/18/2013 17:34 7406985909 ALBANV AMVETS POST93 PAGE 02/02 T255 P,004/DD4 14-468-9798 03140p; frat-OH10 ATTORNEY GENERAL WITNESS WllEREOF. the p$!:tics to this SettI. it to be c!:JI.eCutcd by theit duly l:ep1esematives: Appto'Ved by; 4:1 X' ;&.."..2-- VUgil Reeves, ComIJ.'UlD.der For AMVETS #93 FOI the Ohio Attomey Gen.eJ:al'li Of.fice Date:!' 01-11-2013 II:08am From-OHIO ATTORNEY GENERAL 614-466-9788 T-262 P.002/004 F-643 Chmitable Law Section Office 614-466-3181 Fax 614-466-9788 150 East GllY StxCt:f, 23 M Floot Columbus, Ohio 43215 www.OhioAnomcyGeneral.gov
THIS SETTLEMENT AGREEMENT js made by and between AMVETS Post #95,311 South Mechanic SIX'Cet, Mount Vemon, Ohio 43050, Knox County ("AMVETS #95'; and the Ohio Attomey General ("Attomey General"), for the purpose of rel>o]ving dle Attomey Genetal'li concerns with respect to tVvfVETS #95's use of charitable bingo proceeds. Together, the Attorney General and AMVETS #95 ate referred ro hereinafter as "the parties." 1- \VHE.REAS, the Attorney General is responsible for the administration and enforcement of Ohio's Charitable Bingo Law (Ohio Revised Code Chapter 2915 and the Ohio Administrative Code Rule;; adopted thereunder), Ohio's Charitable Trost Law (Ohio Revised Code 109.23, 81 seq,), and Ohio's Charitll.ble Soliciraoon l_av.r (Ohio Revisc:d Code Chapter 1716)_ The Anomey General is also charged at common law to protect charitable trur>t aSsets from abuse and r.o ensurc that me proceeds from charitable solicitation are used for intended purposes; 2_ WHEREAS, AM\lE1'S #95 is licensed to conduct charitable instant bingo and was required pursuant to Ohio Revised Code 2915.101 to donate 25% of net profit from the proceeds from the sale of instant bingo to a 501(c)(3) public charity; 3. WHEREAS, AMVETS #95 contrllcted with AMVETS Career Center, Inc-, a 501(c)(3) public charity, for me donation of the post's required 25% charirable itl:itant bingo distribution. AM:VETS Career Center, Inc. reta.ined a small portion (approximarely 15%) of the 25% charitable diso:ibution amount and then transfcn:ed the remllining charitable proceeds back to the post for the operation of a Career center locatcd within the posc_ The post then held the charitable proceeds under ll'Ust and was required to use all. of the proceeds received from AMVETS Career Center, Inc. to provide carc:er training for veterans of the U.S. Anncd f'orces_ However, nOt all of the charitable proceeds were used for the intended charitable purpOSeli and post officers did nor comply with fiduciary responsibilities with respect to the expendirtu:e of funds; NOW THEREFORE, .ill consideration of the mutual promises herein expre:::sed, and with intent fO be legally bound, the parcies agree as follows: 01-17-2013 11 :09am From-OHIO ATTORNEY GENERAL 614-466-9788 T-262 P.003/004 F-643 4. AMVETS #95 agree:; to distribute all amounrs required to be distributed to a 501(c)(3) charity from bingo pursuant to Chapter 2915 of the Revised Code to AMVETS Career Center, Inc., as it is cu.rrently named, on a monthly baw unril at least December 31, 2017. AMVETS Career Center, Inc., as it is currently named, will hold all charitable proceeds and utili'7.e those proceeds for career training and employment a$sisrance fOl: vetcrans of tIle U.S. Armed Services. A separate agreement will be executed with AlYfVETS Career Center, Inc.; 5. AMVETS #95 agrecs that a.U in its possession received from AMVETS Career Center. Inc. and currently set a$ide Or designated for the benefit of career training or employment assistance for veterans, including proceeds held in any account designated for its career center, shall be immediately turned over to AMVETS Career Center, Inc. 6. In return for AMVETS #95's execurion of and compliance with this Setdement Agreement, the Attorney General will not take civil or admini5uative enforcement acnon against the post with respect to the facts stated in paragraph 3 of this Settlement Agreement. However, should AMVTS #95 fail to comply 'With the tenns of thi:> Settlement Agreement, the Attorney General may consider the facts stated in paragraph 3 and may take any action including administrative a.ction with respecr to the pOSt'S bingo license or bingo licenlie applicatiOn:>; 7. AMVETS #95 agrees thaI any evidence of a violation of this Agreemcnr shall be prima Jade evidence of the post's violation of the applicable federal laws related to charitable gambling, Ohio Revised Code Chapter 2915, or any related rule adopted under rhe Ohio Administrative Code, in any subsequent action or proceeding brought by rhe Attorney 8. This Settlement is binding upon the parties, any and all succC$sors, assigns, subsidiaries, agents, employees. or representatives of the patties or any OthL'I affiliates. Any breach of this Senlement Agreement by AMVETS #95 will discharge the Attorney Gcnetal from any obligations under {he terms of dUs Settlement Agreemcnc; 9. By signing rhis Settlement Agreement, the Attorney Genernl is not waiving any rights he has to conduct furdle! investigations of AMVETS #95 and to take neces:;ary action for additional violations of law; 10. lbe parties have tead and understa.nd this Settlement Agreement and have entered into the same knowingly, voluntarily, and with the opportl1nity to gain advice of 11. This Setdement Agreement is cnrered into by all parties and may be executed in countexparts or facsimiles, each of which shall be deemed an original, all of which shall constitute one and {he same instrument. [t shall be binding and effective upon the date of the last signature of all requisite parties and individuals. Page 2 of3 11 :09am From-OHIO ATTORNEY GENERAL SI4-4GG-9788 T-2S2 P.004/004 F-G43 IN WITNESS WHEREOF, the parries w this Setdement Agreement have executed it and/or caused it ro be executed by their duly authorized representatives: Approved by: For AMVETS #95 s- 22--/.: Samuel]. Kirk III Date Assistant Section Chief For the Ohio Attorney General's Office Page 3 of3 Charitable Law Section Office 614-466-3181 Fax 614-466-9788 150 East y Street, 23rd Floor Columbus, Ohio 43215 www.OhioAttomeyGeneml.gov SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT is made by and between AMVETS Post #96, 233 Union Street, Ashland Ohio 44805, Ashland County ("AMVETS #96") and the Ohio Attorney General ("Attorney General"), for the purpose of resolving the Attorney General's concerns with respect to AMVETS #96's use of charitable bingo proceeds. Together, the Attorney General and AMVETS #96 are referred to hereinafter as "the parties." 1. 'WHEREAS, the Attorney General is responsible for the administration and enforcement of Ohio's Charitable Bingo Law (Ohio Revised Code Chapter 2915 and the Ohio Administrative Code Rules adopted thereunder), Ohio's Charitable Trust Law (Ohio Revised Code 109.23, et seq,), and Ohio's Charitable Solicitation Law (Ohio Revised Code Chapter 1716). The Attorney General is also charged at common law to protect charitable trust assets from abuse and to ensure that the proceeds from charitable solicitation are used for intended purposes; 2. 'WHEREAS, AMVETS #96 is licensed to conduct charitable instant bingo and was required pursuant to Ohio Revised Code 2915.101 to donate 25% of net profit from the proceeds from the sale of instant bingo to a 501 (c) (3) public charity; 3. 'WHEREAS, AMVETS #96 contracted with AMVETS Career Center, Inc., a 501(c)(3) public charity, for the donation of the post's required 25% charitable instant bingo distribution. AMVETS Career Center, Inc. retained a small portion (approximately 15%) of the 25% charitable distribution amount and then transferred the remaining charitable proceeds back to the post for the operation of a career center located within the post. The post then held the charitable proceeds under trust and was required to use all of the proceeds received from AMVETS Career Center, Inc. to provide career training for veterans of the U.S. Armed Forces. However, not all of the charitable proceeds were used for the intended charitable purposes and post officers did not comply with fiduciary responsibilities with respect to the expenditure of funds; NOW THEREFORE, in consideration of the mutual promises herein expressed, and with intent to he legally bound, the parties agree as follows: 4. AMVETS #96 agrees to distribute all amounts required to be distributed to a 501 (c) (3) charity from bingo pursuant to Chapter 2915 of the Revised Code to AMVETS Career Center, Inc., as it is currently named, on a monthly basis until at least December 31,2017. AMVETS Career Center, Inc., as it is currently named, will hold all charitable proceeds and utilize those proceeds for career training and employment assistance for veterans of the U.S. Armed Services. A separate agreement will be executed with AMVETS Career Center, Inc.; 5. AMVETS #96 agrees that all assets in its possession received from AMVETS Career Center, Inc. and currently set aside or designated for the benefit of career training or employment assistance for veterans, including proceeds held in any account designated for its career center, shall be immediately turned over to AMVETS Career Center, Inc. 6. In return for AMVETS #96's execution of and compliance with this Settlement Agreement, the Attorney General will not take civil or administrative enforcement action against the post with respect to the facts stated in paragraph 3 of this Settlement Agreement. However, should AMVETS #96 fail to comply with the terms of this Settlement Agreement, the Attorney General may consider the facts stated in paragraph 3 and may take any action including administrative action with respect to the post's bingo license or bingo license applications; 7. AMVETS #96 agrees that any evidence of a violation of this Agreement shall be primafacie evidence of the post's violation of the applicable federal laws related to charitable gambling, Ohio Revised Code Chapter 2915, or any related rule adopted under the Ohio Administrative Code, in any subsequent action or proceeding brought by the Attorney General; 8. This Settlement Agreement is binding upon the parties, any and all successors, assigns, subsidiaries, agents, employees, or representatives of the parties or any other affiliates. Any breach of this Settlement Agreement by AMVETS #96 will discharge the Attorney General from any obligations under the terms of this Settlement Agreement; 9. By signing this Settlement Agreement, the Attorney General is not waiving any rights he has to conduct further investigations of AMVETS #96 and to take necessary action for additional violations of law; 10. The parties have read and understand this Settlement Agreement and have entered into the same knowingly, voluntarily, and with the opportunity to gain advice of counsel; 11. This Settlement Agreement is entered into by all parties and may be executed in counterparts or facsimiles, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. It shall be considered binding and effective upon the date of the last signature of all requisite parties and individuals. Page 2 of3 IN WITNESS \VHEREOF, the parties to this Settlement Agreement have executed it and/or caused it to be executed by their duly authorized representatives: Approved by: Charles Martin, Commander Date For AMVETS #96 3-,22-/J Samuel J. Kirk III Date Assistant Section Chief For the Ohio Attorney General's Office Page 3 of3 Charitable Law SecnOfl Office 614-466-3181 Fa.., 614-466-9788 150 Ea,t Gay Stn:<:t, 23'" Floor Columbus, Oluo 43215 www.Oluo:\ttomcyGeneral gov THIS SETTLEI'-{ENT .:\GREEl'vfENT lS made by and between AMVETS Post #99, P,O. Box 341, 1123 Sourh B!o\.\1i Schoo! Road, Vandalia, Ohio 45371, Montgomery County CAl\fVETS #99'; and the Ohio Attorncy General ("Attorney Genera],,), for tJ1C purpose of the ./Htomey General's wncc.rns with respect to i\J.v[VETS #99's use of chantablc bl11go proceeds. Together, the Attorney General and A!'vfVETS #99 ate referred to hereinaftcr as partes." 1. 'X'HEREAS, the Attorney General is responsible for the admi.nisttauon and enforcement of OhlO\ Charitable Bingo Law (Oh1o Code Chapter 291 S and the OhIO f\c:l.rr:uruStIative Code Rules adopted thereunder), Chan:ab1e Tru,r !""a\\.' (OhlO RC'\'lSCG Code 109.23. el Hq.), ;jnd OluQ's Chujtable Sollcitatlon !"";]W:OhlQ Re\'i,ed Code CfMpter 171 Tnc Attorney GenElal is also charged ll.r common law to protect duri'flbl", trust from abuse and to cnglJ.!e that the pxocccds from charitable solicltaton Jscd for llHended purposes; 2. WHEREAS, #99 !5 ueensed to cor.duct chantablc mstant bmgo and was required pursuant to Orue Reyised Code 2915101 to donate 25')'(; of net proUt from the proceeds from the sale o( tnstr.nt to ;:l 501 pubuc chamy: 3, WHERE.AS, i\:tvrVETS #99 contracted with iu\..fVETS Career Center, Inc., a 501(c)(3) public chanty, for the donation of the post's required 25% charitable: l11sta!1t bingo distribution. AJ\-fVETS Career Center, Inc. retained a small portion (approximately 15%) of the 25% charitable distributlon amoun.t and then transferred the remruning charitable proceeds back to the post for the opcratlon of a career center located \V1thin thE post. The post then held the chantabk proceeds under trust and reC:'..l:.red :0 use all the receln'o from Career Center, Inc. to DrO\1de C<.lt'eer t!'aJ!1mg for. \-",tcrilns of the L.S. A.rmcd However, not aU of the: chat!t::<ol; proceeds wcreJscd Ule intended charitab)!? purposc;, wd post officers did not comply \\1th fiducIary responsJl)llitlts yIlL>' respect to tlle expendtture of fund!'; THEREFORE, in consideration of the mutual proml,es herein expressed, and \\>1th lI1tent to be bound, the parties agree as follows: vOO/ZOO Q 82-1 4. AM"v'J:.TS #99 to distribute aU amoul'm rcqutrcd to be dt.ti'lbuted to" 501(<;;)(3) ch.uity from bmgo purSl,lZl!1t to Chapter 2915 of the RevIsed Code to ,\j'v[\FETS Career Ccntcr, Inc., as It is currently na.f:1cd on;]' mon""l" D;ms ur.nl at least December 31, 201/ .\.'vfV"ETS Career Center. Inc., :1s' it is named. ",ill ho:d ilL chafltiiblc pro(ceds and utilize tllose proceeds for Career tra..inmg 'ilnd J,5)Scance ,"or :he l'S :\xmed Sef'llCes. A ,c?aratc agreement \vill be exec:".lted W',(iJ . CUCCI Cc:n:c', he.. 3\:\1,'ETS #99 L:1Jt as,e;, :r. :t: rtc;;;vecJ from S\1\'ETS Career Center, Inc ane curren(ly seT, as,de or CCSlg:-J;JCecJ for the of ca.reer trruning or employment :1ssistance for "eterans, mcluding proceeds held ill any account deSignated for its career center, shall be immediately tllmcd over to AtvfVETS Ca.reer Center, Inc 6. In rer:uro for A.MY'ETS #99'5 execution of and compliance with chis Setclement ;\g:ceernent, the Attorney General wiH not take civil or administraove enforcement action agrunst the post ,"vith respect to the facts in paragraph 3 of this Settlement Agreement. However, l\l\fVETS #99 fail to comply \\rjth the terms of tl1l5 Settlement Agreement, the General may constdcr the facts stnted in paragraph 3 and mar take any action including ad.mirustrative action \\lith respect to tlle post's bmgo Liceme or bingo Liceme applic:Hlons; #99 agrees that ;'\ny eVidence Or;l 'nolac;on t ::...:.u; Agreement shall be p'7mafcmr eVidence: of the post" \':olator. ot the ,'eder;;1 :a\\', re:ated :0 charitable gambling, Ohio Revi8ed Code Chapte: 2915, or an': related :\).c adopted 1J:1GCr the OhiO ."\cinurustrJUvc Code. In ;'lny subsequent arDOn or brcugh t t.he A.[[or:;ey General; 8. 11115 Settlement Agreemcot 1S bmdmg upon the pa.rDe, , :iny and all successors, assigns, subsldtartes, agents, employees, or rcprcsentaoves of t1:e partles or any other An)' breach of tl115 Settlement Agreement by AMVETS #99 \1..ill clischarge the Attorney General from any obligations under tbe te.,,'mS of tlus Settlement Agreement: 9. By signing this Settlement Agreement. the Anomer General. js not waiving any rights he has to conduct further mvc-stig<ltlOn5 of AM\'ETS #99 and to take neeessa.''Y action for additJOmu \'Iolauons of law; 1(\ The pawes have lead and uncerscq. d L;'lS .\grc(';nenr ,md h:,we entered Into ::he same knowing:),. votuntilr;Jv, and \l.-1tl: the opportunity cO adVIce of counseL 11. TillS Settlement Agreement j, entered inlC "nc :J:(I}, :::JC executcd ill coar:tcrp;uts 01 faoirnileo, eacn of \vtllch shill be dC0:11-:ec r:mg1!l'l;, but of which ohall constltu:e one (lno the same ll1st.rt.:ml!nl It snaU bc Smd1!1g and efrecave upon the date of the last signa :Ute of all l'eq,ll5i ,e parnes a.r.d mdt",cmils, Page 2 ()f .> II\' \X'HEREOF. the parties to Senlement Agreement executed it and/ or Cltt\sed It to be executed by their duly authorized . A.pprond by: fuchard Baird, COITunandc:r Fot /\),1YETS #99 Samuel J. I<i.rk III Date Assistant Section Ch.ief For the Ohio Attorney Office Page 3 of 3 d 6E2-. Charitable Law Section Office 614-466-3181 9 MIKE Fax 614-466-9788 OHIO ATTORNEY GENERAL .---c 150 East Gay Street, 23 rd Floor 2Ci3 JAN 1 S Columbus, Ohio 43215 wVlw.OhioAttorneyGeneraLgov Attorney ,_ ('t., '" 1 ._.. , SETILEMENT AGREEMENT THIS SETTLEMENT AGREEMENT is made by and between AMVETS Post #102, 485 Park Avenue, Delaware, Ohio 43015, Delaware County ("AMVETS #102") and the Ohio Attorney General ("Attorney General"), for the purpose of resolving the Attorney General's concerns with respect to AMVETS #102'5 use of charitable bingo proceeds. Together, the Attorney General and AMVETS #102 are referred to hereinafter as "the parties." 1. \VHEREAS, the Attorney General is responsible for the administration and enforcement of Ohio's Charitable Bingo Law (Ohio Revised Code Chapter 2915 and the Ohio Administrative Code Rules adopted thereunder), Ohio's Charitable Trust Law (Ohio Revised Code 109.23, ef seq,), and Ohio's Charitable Solicitation Law (Ohio Revised Code Chapter 1716). The Attorney General is also charged at common law to protect charitable trust assets from abuse and to ensure that the proceeds from charitable solicitation are used for intended purposes; 2. \VHERKJ\S, AMVETS #102 is licensed to conduct charitable instant bingo and was required pursuant to Ohio Revised Code 2915.101 to donate 25% of net profit from the proceeds from the sale of instant bingo to a 501 (c) (3) public charity; 3. \VHEREAS, AMVETS #102 contracted with AMVETS Career Center, Inc., a 501(c)(3) public charity, for the donation of the post's required 25% charitable instant bingo distribution. MfVETS Career Center, Inc. retained a small portion (approximately 15%) of the 25% charitable distribution amount and then transferred the remaining charitable proceeds back to the post for the operation of a career center located within the post. The post then held the charitable proceeds under trust and was required to use all of the proceeds received from MlVETS Career Center, Inc. to provide career training for veterans of the U.S. Anned Forces. However, not all of the charitable proceeds were used for the intended charitable purposes and post officers did not comply with fiduciary responsibilities with respect to the expenditure of funds; NOW THEREFORE, in consideration of the mutual promises herein expressed, and with intent to be legally bound, the parties agree as follows: 4. AMVETS #t02 agrees to distribute all amounts required to be distributed to a 501 (c) (3) charity from bingo pursuant to Chapter 2915 of the Revised Code to Al\IVETS Career Center, Inc., as it is currently named, on a monthly basis until at least December 31, 2017. AMVETS Career Center, Inc., as it is currently named, will hold all charitable proceeds and utilize those proceeds for career training and employment assistance for veterans of the u.s. Armed Services. A separate agreement will be executed with l\MVETS Career Center, Inc.; 5. AMVETS # 102 agrees that all assets in its possession received from AMVETS Career Center, Inc. and currently set aside or designated for the benefit of career training or employment assistance for veterans, including proceeds held in any account designated for its career center, shall be immediately turned over to MfVETS Career Center, Inc. 6. In return for Al\1VETS #102'5 execution of and compliance with this Settlement Agreement, the Attorney General will not take civil or administrative enforcement action against the post with respect to the facts stated in paragraph 3 of this Setdement Agreement. However, should AMVETS #102 fail to comply with the terms of this Settlement Agreement, the Attorney General may consider the facts stated in paragraph 3 and may take any action including administrative action with respect to the post's bingo license or bingo license applications; 7. AMVETS #102 agrees that any evidence of a violation of this Agreement shall be primaftUie evidence of the post's violation of the applicable federal laws related to charitable gambling, Ohio Revised Code Chapter 2915, or any related rule adopted under the Ohio Administrative Code, in any subsequent action or proceeding brought by the Attorney General; 8. This Settlement Agreement is binding upon the parties, any and all successors, assigns, subsidiaries, agents, employees, or representatives of the parties or any other affiliates. Any breach of this Settlement Agreement by AMVETS #t02 will discharge the Attorney General from any obligations under the terms of this Settlement Agreement; 9. By signing this Settlement Agreement, the Attorney General is not waiving any rights he has to conduct further investigations of AMVETS #102 and to take necessary action for additional violations of law; to. The parties have read and understand this Settlement Agreement and have entered into the same knowingly, voluntarily, and with the opportunity to gain advice of counsel; 11. This Settlement Agreement is entered into by all parties and may be executed in counterparts or facsimiles, each of which shall be deemed an original, but all of which shall constitute one and the same instnunent. It shall be considered binding and effective upon the date of the last signature of all requisite parties and individuals. Page 2of3 IN W'ITNESS WHEREOF, the parties to this Settlement Agreement have executed it and/or caused it to be executed by their duly authorized representatives: Approved by: Clark Scott, Commander Date For AMVETS #102 Samuel J. Kirk III Date Assistant Section Chief For the Ohio Attorney General's Office Page 3 of3 01-IS-2013 02:35pm From-OHIO ATTORNEY GENERAL 614-465-9788 T-246 P.005/007 F-5Z5 Charitable Law SeJ:uon Office 614-466-3181 Fax 614-466.. 9788 150 .East Gay Stteet, 23 M .. 100:1: Columbus, Ohio 43215 www.OhloAttomcyGenetal.gov SET'lLEMENT AGRRF,MENT THIS SE'rfl.EMENT AGREEIvtENT i5 made by and between AMVETS Post #109, 7847 Lake Shore Blvd., Mentor on the Lake, Ohio 44060. Lake County #109") md the Ohio Attorney General ("Attorney Gene:af'). (or the purpo:ie ofrcsolv:ic.g the Atton'ley Generars concerns with respect ro AMVETS #109'5 use of charitable bingo proccl!ds. Together, the Attorney General and AMVETS #109 axe referred ro hereinafter a:l "the partie:!." 1. WHER.EAS, the Attomey General is responsible for the admini$trarion and enfor<:ement of Ohio's Charilable Bingo Law (Ohio R..evUed Code Chapter 2915 and rhe Ohio Administrative Code Rules adopted dlereundet). Ohio's Charitable Tnl:>t Law (Ohio Revised Code 109.23, It J'lq,), (411d Ohio's Charitable Soliciflil,tion Law (Ohio Revised Code Chapter 1716)_ The Attotney General is also ch3rgt:d at common law to protect charitable trust assets from abuse and to ensure rhat the proceeds from charitable solicitation are used for mtended purposes; 2. WHEREAS, AMVETS #109 is licensed to conduc{ charitable: in:itant bingo and was required putSoant to Ohio Revised Code 2915.101 to 25% of net PI:otit from the proceeds from the sale ofiniltanr bingo to a 501(c)(3) public charity; 3. WHEREAS. AMVETS #109 contra.cted with AMVETS Car:eer Cente:c. Inc., a 501 (c) (3) public charity, for the donation of the pO$t's tequited 25% charitable insmnt bingo disttibution. A:MVETS Career Center, Inc. retained a sma1l portion (appI:oximately 15%) of the 25% chmmble distribution amount and then transferred ilie remmnillg charitable proceeds back to the post for the operation of II career center located within the post. The post then held the charitable proceeds under trust and was tequired to USe all of the proceeds recei",ed from .A1vlVETS Career Center, Inc. co pcoviik: career training for vererans of me U.S. Anned FO!'Ces. However, not all of the charitable pxoceeds were Ulied for the intended charirable purposes and post officers did not comply with fiduciary respon:;ibilitics 'With respect to the expenditure of
NOW THEREFORE, in consideration of the mutual promises heJ:ein expressed, and with inteni to be legally bound, the parries agree as follows: 01-16-2013 02:35pm From-OHIO ATTORNEY GENERAL 614-466-9788 T-246 P.006/007 F-G25 4. AMVETS #109 agrcc:! to distci.bute all amounts required to be distributed [0 a 501 (c)(3) charity from bingo pursuant to Chapter 2915 of rhe Revised Code to AMVE'l"S Career Center. Inc., as it is cutrently ruuned. on a monthly basis until at least December 31.2017, AMVETS Career Cente:(, Inc., as it is currently named, will hold all charitable proceeds and utilize those p.t:oceeds for career training and employment assistance far veterans of the U.S . .At:m.ed Services. A sepatate agteem.ent'Will be execured with AMVETS Care<:r Cenltt, Inc,; 5, AMVE'1'S #109 agrees that all assets in its possession received ftom Career Center, Inc. and curIently set aside or designattd for the benefit of career training or employment assisfi\l'lce for vecerans, .including proceeds heJd in any IlCcounr de8ignatcd for its caCeeI: center, shs1l be iaunediately turned over to AMVETS Career Center. Inc. 6. In reNm for AMVETS #109's e:l!:ecurion of and compliance with this Settlement AgreemenT, the Attomey General will nor tak.e civil ot admini$trat'1ve enforcement action against the past with rc:!pcct to the farn stated in paragraph :3 of mis Settlement Agceemem. However, !ihould AMVETS #109 fail fO comply with !:he reuns of this Settlement Agreement, the Attomey General may consider rhe facts scared in paragraph :; and may take any action .including administrative action with respect the pOst'S bingo license OI bingo license applications; 7. AMVETS #109 agrees that any evidence of a violation of this Agreement shall be prima/adt evidence of the post's violation of the a.pplicable fedt:rallaws rolated to charitable gambling. Ohio Revised Code Chaprer 2915, or te1ared rule adopted lUlder the Ohio Administrative Code, in any subsequent action or proceeding brought by the l\rromey General; 8. This Settlement AgreeMent is binding l.'lpon the parties, any and all successon!, assigns, 8ubsidia.cies, agems, employees, or representllnves of the patties or any OTher affiliares. Any breach of this Settlcnu.nt Agreement by AMVETS #109 will the Attorney General from any obligations under the terms of tllls Settlement Agrc:ement; 9. By signing rhis Settlement Agreement, rhe Attorney Gc:ntlral is not wniving \lny rights he has to conduct further imrestl{9\tions at AMVETS #109 and to t."lke neCL'"3Sary Rcnon f01: additional violations of law; 10. The pnties have tead and underSTand rhis Settlement AQLecrncnt and ha.ve entered into tbe same kno"viogly, vohmtuily, :and with the oppornmity to gain advice of 11. Thi$ Settlement Agreement is entered intO by all parties and may be executed in. counterparts ot facsimiles, each ,'":If which shQU be deemed an original. but all of which shall consn.tute one and the same insttument. It sha.ll be considered binding and eff(:cti.ve upon the date of the last signature of all requisite parties and inc1ividunls. Page 203 01-16-2013 n2:38pm From-OHIO ATTORNEY GENERAL 614-468-9788 T-246 P.OOT/OOT F-6Z5 IN WIlNESS WHEREOF, the parties to this SetTlement Agreement have execUted it and/or CAused it to be executed by rhcit duly authorized r!1pres<!ntatives: Approved by: yi-3 Theodore Makse, Commander Date For AMVETS #109 ( ~ 3-.22,-/3 Samuel J. Kirk Ul Date Assistant Section Chief For the Ohio Attorney General's Oftlce P:tg.: 30f3 ,111/() \f i()",-I" (,1',11(\: cD ,0\'3 JAN 1 S ,:1 ;'\ )'" , . Chmlrahle Law Secrion ( ) nice G 1.f,.f66, 31 R I Fax () 1.f,.f66.<nHR 150 Ea,r Ga\ Sln:cr, Floor C"Jumhus, Ohi" W\vwJ )h;,.l. \ [f! >rnevC;ellcraLg< n' ;\GREEMENT THIS SETI'LEi'v[ENT ,\GRFEMENT is made by and between ,\l\f\'ETS Post #120, 60S South l\bm Street, Oluo -+5005 \\'arrell County (",.\J\IVETS #120") and the Ohio Attortlev General ("Attorney General"), for the of resolving the ,\ttorney General's concerns \.vlth respect to :\ MVETS # 120', usc of charitable bmgo proceeds. TOh>ether, the ;\ ttorne\' General and !\T,fVETS # 120 are referred to hereinafter as "the parties." 1. \VIIERE"\S, the ,\ttorney General is responsible for the administration and enforcement of Ohio's Charitable Bingo Law (Ohio Rensed Code Chapter 2915 and the Ohio . \dministrative Code Rules adopted thereunder), Ohio's Charitable Tmst Law (Ohio Revised Code 109.::?3, et and Ohio's Chantablc Solicitation Ll\V (Ohio Revi,ed Code Chapter 1716). Thc ,\ttomey General is al,o charged at common );l\V to protect charitable tmst a,sets from abuse and to ensure that the proceeds from chantable soliciraLion are used for intended purposes; \\ll1':RL\S, ,\\IVETS # I::?U is licensed to conduct charitable instant bingo and \,vas required pursuant to Ohio Revised Code 2915.10 I to donate ::?5 " of net protit from the proceeds from the sale of instant binh>{) to a 50 I(c)(3) public charity; 3, \X:HEREAS, AMVEl'S #120 contracted with ,\t-.IVE'IS Career Center, Inc., a 50l(c)(3) public charity, for the donation of the post's required 25"0 charitable instant bingo distribution. Ai'vfVETS Career Center, Inc. retained a small portion (approximatcl\' I5'( of the 25'0 charitable distribution amount and then transferred the remaining charitable proceeds back to the post for the operation of a career center located within the post. The post then held the charitable proceeds under trust and was required to usc all of the proceeds rccciycd from .\:'\fYFTS Career Inc. to rrm-ide career training for veterans of the U.s, Armed Forces, rImH?\cr, not all of the ch'lritablc proceeds \\'Cre used for the intended charitable purposes and officers did not comply \,'lth fiduciary responsibilities with respect to the expenditure of funds; '" ( l\\' I'll F RFFORF, in C()l1SitlclatinJl of ,he !1lut llal promises herein and with intt,nt to be Icgalh hound, r1w rartle,; ;Igr<:(' a;; follows: 4. ,\l\fVt':TS #120 agrees to distribute all amount" required to be distributed to a 501 (c) (.)) chann' from bingo to Chapter 2915 of the Codc to .\I\IYETS Career Center, Inc, as it is currently named, on a monthly basi, unttl at least December .) 1, 201 ;\l\fVFTS Career Center, Inc, as it is currently named, will hold all charitable proceeds and utilize those proceeds for career training and emp)O\'ll1ent assistance for veterans of the lIS. :\rmed Serylces. ,\ separate agreement will be executed with AMVFTS Career Center, Ine.; :"!. :\MVETS # 120 agrees that all assets in its possession recehTd from ,\ MYErS Career Cellter, Inc and currently set aside or designated for the benefit of career training or employment assistance for "eterans, including proceeds held in any account designated for its career center, shall be turned over to ;\l\fVETS Career Center, J ne. (). In retum for /\l\fVETS #12()'s execution of and compliance with this Settlement ,\grcemel1t, the Attorney Ceneral will not take civil or administrative enforcement action against the post with respect to the facts stated in paragraph -' of tIllS Settlement HO\vcver, ,hould ,\l\fVETS 1* fail to comph' with the terms of this Settlement l\greel11el1t, the :\1tortle\' Ccneral may consider the fans smtcd in paragraph 3 and may take any ac1ton including administrative action with respect to the post's bmgo license or bingo license applications; ,\I\IYE'1'S # 120 agrees that any eVIdence of a \'iolation of this, \greement shall be pt1llJajeuie evidence of the post's violation of the applicable federal laws related to charitable gambling, Ohio Rcyised Code Chapter 2915, or any related rule adopted under the OhIO ,\dministratiyc Code, in al1\' subsequent fiction or proceeding brought by the ,\trorney {;eneral; g, Thi, Settlement .\greement is binding upon the parties, flny amI all successors, assil-,'11:;, subsidiaries, agents, eluployees, or represenrati\'es of the pillties or any otber affiliates. ,\ny breach of this Settlement ;\greement by I\fVETS # 1 will dlscharge the ,\ ttorney General from anI' obligatIons under the terms of this Settlement ;\greemem; 9. By signing this Settlement Agreement, the Attorney General is not waiving any he has to conduct further inn'stigatio1lS of Ai\IVETS #120 and to take necessarY action for additional yiobtiolls of law; 10. The parties ha\T [cad and understand this Settlement :\grcement and have entered into the same knowingly, yoluntarily, and with the opportunity to gain ath-ice of coumd; 11. This Settlement, \gret:ment is emered into by all parties and may be executed in counterparts or facsimiles, each of which ,hall be deemed an original, but all of which shall cotlstinlte olle and the same instrument. It shall be considered binding and effectin: upon the date of the last signature of all re(luisite parties and indiyiduak Page :2 of 3 IN \XTINESS \,\1 IEREOF, the parties to this Settlement ;\greement han: executed it and! or causnl it to be executed by their duly authorized representatives: Scott \X'allace, Commanoer Date For i\!\fVFTS #120 Samuel J. Kirk III Date ~ \ s s i s t a n t Section ChIef For the ()hio ;\ltorne\' General's Office PaISe) (If 3 Charitable Law Section Office 614-466-3181 Fax 614-466-9788 150 East Gay Street, 23 rd Floor Columbus, Ohio 43215 wVlw.OhioAttomeyGeneral.gov SETI1.EMENT AGREEMENT THIS SETTLEMENT AGREEMENT is made by and between AMVETS Post #124, P.O. Box 20170, Canton, Ohio 44707, Stark County ("AMVETS #124") and the Ohio Attorney General ("Attorney General'), for the purpose of resolving the Attorney General's concerns with respect to AMVETS #124's use of charitable bingo proceeds. Together, the Attorney General and AMVETS #124 are referred to hereinafter as "the parties." 1. \VHEREAS, the Attorney General is responsible for the administration and enforcement of Ohio's Charitable Bingo Law (Ohio Revised Code Chapter 2915 and the Ohio Administrative Code Rules adopted thereunder), Ohio's Charitable Trust Law (Ohio Revised Code 109.23, et 'seq,), and Ohio's Charitable Solicitation Law (Ohio Revised Code Chapter 1716). The Attorney General is also charged at common law to protect charitable trust assets from abuse and to ensure that the proceeds from charitable solicitation are used for intended purposes; 2. \VHEREAS, AMVETS #124 is licensed to conduct charitable instant bingo and was required pursuant to Ohio Revised Code 2915.101 to donate 25% of net profit from the proceeds from the sale of instant bingo to a 501(c)(3) public charity; 3. \VHEREAS, AMVETS #124 contracted with AMVETS Career Center, Inc., a 501(c)(3) public charity, for the donation of the post's required 25% charitable instant bingo distribution. AMVETS Career Center, Inc. retained a small portion (approximately 15%) of the 25% charitable distribution amount and then transferred the remaining charitable proceeds back to the post for the operation of a career center located within the post. The post then held the charitable proceeds under trust and was required to use all of the proceeds received from AMVETS Career Center, Inc. to provide career training for veterans of the U.S. Armed Forces. However, not all of the charitable proceeds were used for the intended charitable purposes and post officers did not comply with fiduciary responsibilities with respect to the expenditure of funds; NOW THEREFORE, in consideration of the mutual promises herein expressed, and with intent to be legally bound, the parties agree as follo}Vs: 4. AMVETS #124 agrees to distribute all amounts required to be distributed to a 501 (c)(3) charity from bingo pursuant to Chapter 2915 of the Re-vlsed Code to AMVETS Career Center, Inc., as it is currently named, on a monthly basis until at least December 31, 2017. AMVETS Career Center, Inc., as it is currently named, will hold all charitable proceeds and utilize those proceeds for career training and employment assistance for veterans 0 f the U.S. Anned Services. A separate agreement will be executed with AMVETS Career Center, Inc.; 5. AMVETS #124 agrees that all assets in its possession received from AMVETS Career Center, Inc. and currently set aside or designated for the benefit of career training or employment assistance for veterans, including proceeds held in any account designated for its career center, shall be immediately turned over to AMVETS Career Center, Inc. 6. In return for AMVETS #124's execution of and compliance with this Settlement Agreement, the Attorney General will not take civil or administrative enforcement action against the post with respect to the facts stated in paragraph 3 of this Settlement Agreement. However, should AMVETS #124 fail to comply with the terms of this Settlement Agreement, the Attorney General may consider the facts stated in paragraph 3 and may take any action including administrative action with respect to the post's bingo license or bingo license applications; 7. AMVETS #124 agrees that any evidence of a violation of this Agreement shall be pritlJafacie evidence of the post's violation of the applicable federal laws related to charitable gambling, Ohio Revised Code Chapter 2915, or any related rule adopted under the Ohio Administrative Code, in any subsequent action or proceeding brought by the Attorney General; 8. This Settlement Agreement is binding upon the parties, any and all successors, assigns, subsidiaries, agents, employees, or representatives of the parties or any other affiliates. Any breach of this Settlement Agreement by AMVETS #124 will discharge the Attorney General from any obligations under the terms of this Settlement Agreement; 9. By signing this Settlement Agreement, the Attorney General is not waiving any rights he has to conduct further investigations of AMVETS #124 and to take necessary action for additional violations of law; 10. The parties have read and understand this Settlement Agreement and have entered into the same knowingly, voluntarily, and with the opportunity to gain advice of counsel; 11. This Settlement Agreement is entered into by all parties and may be executed in counterparts or facsimiles, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. It shall be considered binding and effective upon the date of the last signature of all requisite parties and individuals. Page 2 of3 IN WITNESS WHEREOF, the parties to this Settlement Agreement have executed it and/or caused it to be executed by their duly authorized representatives: Approved by: r 11 r:lo13 Date For AMVETS #124 Samuel J. Kirk III Date Assistant Section Chief For the Ohio Attomey General's Office Page 3 of3 Charitable Law Section Office 614-466-3181 Fax 614-466-9788 150 East Gay Street, 23 m Floor Columbus, Ohio 43215 www.OhioAttomeyGeneIalgov SRTI1 F .MENT AGREEMENT THIS SETfLEMENT AGREEMENT is made by and between AMVETS Post #148, 11495 Lower Valley Pike, Medway, Ohio 45341, Clark County ("AMVETS #148',) and the Ohio Attomey General ("Attomey General',), for the purpose of resolving the Attomey General's concems with respect to AMVETS #148's use of charitable bingo proceeds. Together, the Attomey General and AMVETS #148 are referred to hereinafter as "the parties." 1. WHEREAS, the Attomey General is responsible for the administration and enforcement of Ohio's Charitable Bingo Law (Ohio Revised Code Chapter 2915 and the Ohio Administrative Code Rules adopted thereunder), Ohio's Charitable Trust Law (Ohio Revised Code 109.23, et seq,), and Ohio's Charitable Solicitation Law (Ohio Revised Code Chapter 1716). The Attomey General is also charged at common law to protect charitable trust assets from abuse and to ensure that the proceeds from charitable solicitation are used for intended purposes; 2. WHEREAS, AMVETS #148 is licensed to conduct charitable instant bingo and was required pursuant to Ohio Revised Code 2915.101 to donate 25% of net profit from the proceeds from the sale of instant bingo to a 501 (c) (3) public charity; 3. WHEREAS, AMVETS #148 contracted with AMVETS Career Center, Inc., a 501(c)(3) public charity, for the donation of the post's required 25% charitable instant bingo distribution. AMVETS Career Center, Inc. retained a small portion (approximately 15%) of the 25% charitable distribution amount and then transferred the remaining charitable proceeds back to the post for the operation of a career center located within the post. The post then held the charitable proceeds under trust and was required to use all of the proceeds received from AMVETS Career Center, Inc. to provide career training for veterans of the U.S. Anned Forces. However, not all of the charitable proceeds were used for the intended charitable purposes and post officers did not comply with fiduciary responsibilities with respect to the expenditure of funds; NOW THEREFORE, in consideration of the mutual promises herein expressed, and with intent to be legally bound, the parties agree as follows: 4. AMVETS #148 agrees to distribute all amounts:requited to be distributed to a 501 (c)(3) charity from bingo pursuant to Chapter 2915 of the Revised Code to AMVETS Career Center, Inc., as it is currently named, on a monthly basis until at least December 31, 2017. AMVETS Career Center, Inc., as it is currently named, will hold all charitable proceeds and utilize those proceeds for career training and employment assistance for veterans of the U.S. Armed Services. A separate agteement will be executed with AMVETS Career Center, Inc.; 5. AMVETS #148 agrees that all assets in its possession received from AMVETS Career Center, Inc. and currently set aside or designated for the benefit of career training or employment assistance for veterans, including proceeds held in any account designated for its career center, shall be immediately turned over to AMVETS Career Center, Inc. 6. In return for AMVETS #148's execution of and compliance with this Settlement Agreement, the Attorney General will not take civil or administrative enforcement action against the post with respect to the facts stated in paragraph 3 of this Settlement Agreement. However, should AMVETS #148 fail to comply with the terms of this Settlement Agreement, the Attorney General may consider the facts stated in paragraph 3 and may take any action including administrative action with respect to the post's bingo license or bingo license applications; 7. AMVETS #148 agrees that any evidence of a violation of this Agreement shall be primajtJCie evidence of the post's violation of the applicable federal laws related to charitable gambling, Ohio Revised Code Chapter 2915, or any related rule adopted under the Ohio Administrative Code, in any subsequent action or proceeding brought by the Attorney General; 8. This Settlement Agreement is binding upon the parties, any and all successors, assigns, subsidiaries, agents, employees, or representatives of the parties or any other affiliates. Any breach of this Settlement Agreement by AMVETS #148 will discharge the Attorney General from any obligations under the terms of this Settlement Agreement; 9. By signing this Settlement Agreement, the Attorney General is not waiving any rights he has to conduct further investigations of AMVETS #148 and to take necessary action for additional violations of law; 10. The parties have read and understand this Settlement Agreement and have entered into the same knowingly, voluntarily, and with the opportunity to gain advice of counsel; 11. This Settlement Agreement is entered into by all parties and may be executed in counterparts or facsimiles, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. It shall be considered binding and effective upon the date of the last signature of all requisite parties and individuals. Page 20f3 IN WITNESS WHEREOF, the parties to this Settlement Agreement have executed it and/or caused it to be executed by their duly authorized representatives: Approved by: /-/f-dL2I? Daniel Beach, Commander Date For AMVETS #148 Samuel J. Kirk III Date Assistant Section Chief For the Ohio Attorney General's Office Page 300 Charitable Law Section Office 614-466-3181 Fax 614-466-9788 1 J 150 East Gay Street. 23td Floor Columbus, Ohio 43215 www.OhioAttomeyGeneral.gov SETTI.F.MFNT AGREEMENT lHIS SETILEMENT AGREEMENT is made by and between AMVETS Post #149, 414 Township Road 1150, Polk, Ohio 44866, Ashland County ("AMVETS #149',) and the Ohio Attorney General ("Attorney General',), for the purpose of resolving the Attorney General's concerns with respect to AMVETS #149's use of charitable bingo proceeds. Together, the Attorney General and AMVETS #149 are referred to hereinafter as "the parties." 1. WHEREAS, the Attorney General is responsible for the administration and enforcement of Ohio's Charitable Bingo Law (Ohio Revised Code Chapter 2915 and the Ohio Administrative Code Rules adopted thereunder), Ohio's Charitable Trust Law (Ohio Revised Code 109.23, et seq,), and Ohio's Charitable Solicitation Law (Ohio Revised Code Chapter 1716). The Attorney General is also charged at common law to protect charitable trust assets from abuse and to ensure that the proceeds from charitable solicitation are used for intended purposes; 2. WHEREAS, AMVETS #149 is licensed to conduct charitable instant bingo and was required pursuant to Ohio Revised Code 2915.101 to donate 25% of net profit from the proceeds from the sale of instant bingo to a 501 (c)(3) public charity; 3. WHEREAS, AMVETS #149 contracted with AMVETS Career Center, Inc., a 501(c)(3) public charity, for the donation of the post's required 25% charitable instant bingo distribution. AMVETS Career Center, Inc. retained a small portion (approximately 15%) of the 25% charitable distribution amount and then transferred the remaining charitable proceeds back to the post for the operation of a career center located within the post. The post then held the charitable proceeds under trust and was required to use all of the proceeds received from AMVETS Career Center, Inc. to provide career training for veterans of the U.S. Armed Forces. However, not all of the charitable proceeds were used for the intended charitable purposes and post officers did not comply with fiduciary responsibilities with respect to the expenditure of funds; NOW THEREFORE, in consideration of the mutual promises herein expressed, and with intent to be legally bound, the parties agree as follows: 4. AMVETS #149 agrees to distribute all amounts required to be distributed to a 501(c)(3) charity from bingo pursuant to Chapter 2915 of the Revised Code to AMVETS Career Center, Inc., as it is currendy named, on a monthly basis until at least December 31, 2017. AMVETS Career Center, Inc., as it is currendy named, will hold all charitable proceeds and utilize those proceeds for career training and employment assistance for veterans of the U.S. Armed Services. A separate agreement will be executed with AMVETS Career Center, Inc.; 5. AMVETS #149 agrees that all assets in its possession received from AMVETS Career Center, Inc. and currendy set aside or designated for the benefit of career training or employment assistance for veterans, including proceeds hdd in any account designated for its career center, shall be immediatdy turned over to AMVETS Career Center, Inc. 6. In return for AMVETS #149's execution of and compliance with this Setdement Agreement, the Attorney General will not take civil or administrative enforcement action against the post with respect to the facts stated in paragraph 3 of this Setdement Agreement. However, should AMVETS #149 fail to comply with the terms of this Setdement Agreement, the Attorney General may consider the facts stated in paragraph 3 and may take any action including administrative action with respect to the post's bingo license or bingo license applications; 7. AMVETS #149 agrees that any evidence of a violation of this Agreement shall be primafacie evidence of the post's violation of the applicable federal laws related to charitable gambling, Ohio Revised Code Chapter 2915, or any related rule adopted under the Ohio Administrative Code, in any subsequent action or proceeding brought by the Attorney General; 8. This Setdement Agreement is binding upon the parties, any and all successors, assigns, subsidiaries, agents, employees, or representatives of the parties or any other affiliates. Any breach of this Setdement Agreement by AMVETS #149 will discharge the Attorney General from any obligations under the terms of this Setdement Agreement; 9. By signing this Setdement Agreement, the Attorney General is not waiving any rights he has to conduct further investigations of AMVETS #149 and to take necessary action for additional violations of law; to. The parties have read and understand this Setdement Agreement and have entered into the same knowingly, voluntarily, and with the opportunity to gain advice of counsel; 11. This Setdement Agreement is entered into by all parties and may be executed in counterparts or facsimiles, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. It shall be considered binding and effective upon the date of the last signature of all requisite parties and individuals. Page 2 of3 IN WITNESS WHEREOF, the parties to this Settlement Agreement have executed it and/or caused it to be executed by their duly authorized representatives: Approved by: ~ 1 Date For AMVETS #149 Samuel J. Kirk III Date Assistant Section Chief For the Ohio Attorney General's Office Page 30f3 01-16-2019 04:15pm From-OHIO ATTORNEY GENERAL 614-466-9788 T-Z5T P.002/004 F-635 Charinble Law SecriOD Office 614466.3181 Fax 614-466-9788 ISO Ban G1ry Stl:eel, 23'" Floor Columbus, Ohio 43215 www.OhioAuomqGenctlll.gov SR1J1.EMENT AGREEMENT TIllS SE'ITLEMENT AGREEMENT is ma.de by 2nd betwcco AMVETS Post #290, 290 YoUDgItown Road., Vwnna. Ohio 44473, Trumbull County #290") and the Ohio Attorney Gc.aI!Ial ("Attorney General"), for. the pur:pose of Iesolving the. Attorney Gencml's concerns with ICSpcct to AMVETS #290's usc of charitable bingo proceeds. Togt!thex, the Attorney Genesal and AMVETS #290 UI! rd'c:xrcd to hereiQanet as "the panics," 1. WHEREAS, the Attomcy Get1eral is responsible rot the administration and enfotce.P)ent oC Ohio's Charitable Bingo Law (Ohio Revised Code Chapter 2915 and ,the Ohio Administrative Code Rules adopted thereunder), Ohio's Chuiuble TIU$t Law (Ohio Revi:;ed Code 109.23, ,I.refj.), aDd Ohio's Charitable Solicitation Law (Ohio Revised Code Chaptet 1716). The AUo.tIley Gene.r:al is also chuged at common law to PIOteCt charitable trUSt IlSSC!tS from abuse lind to en$\l.Ce that the proceeds from chuitable solic:innion Ate used fOt intended purposes, 2. WHEREAS, AMVETS #290 is licensed to coaduct charitable inStant bingo and was reqw.red pursuant to Ohio Revised Code 2915.101 to donate 25% of net profit from the proceeds ftom the sale of :instant bingo tQ a 501 (c)(3) public charity; 3. WHEREAS, AMVE'l'S #290 COQutlcted with AMVE'rs Cueer Center, Inc_, II 501 (c)(3) puhlic charity, Cor the donation of the posr's required 25% cbariu.blc in$tant bingo distribution. AMVETS Cuccr CenteI, Inc. retained Ii small portion (app[oximately 15%) of the 25% charitable distribution amount and then ttan$ferred the remaining charirablc proceeds back. to the post fOI the opetation of II caIcet center lo!;ated withUl the post. 1bc POltt theD held the charitlble proceeds uadeI trust and wU feqllited to use nil of the ploceeds rc:<:cived from AMVETS Career Center, Inc. to provide eueer tra.ining Or vcrerans of the u.s. ...'Umed FOlces. However, not all of the charitable proceeds were wed fot the: intended charitable PUEpOses aod post o6cen did not comply with fiduQaty respoosibiliric::5 with to the expenditure oC funds; NOW THEREFORE, in considcr:atioo of the mutual promises berei4 expressed, and with intent to be legally bound, the parties agree as CoUows: 01-16-2013 04:15pm From-OHIO ATTORNEY GENERAL 614-466-9788 T-Z5T P.003/004 F-635 4. AMVETS #290 agrees to distribute all amounts required to be distributed to a 501 (c}(3) cha.rity from bingo pur:suanI to Chapter 2915 of the Revi$ed Code (0 AMVETS Career Center, Inc., as it is cuuently named, on a. monthly basis l.lrttU at least December 31, 2017. AMVETS Cueer Cl!nrer, Inc., as it is CUDetltly named, will hold aU charitable proceeds and utilize those ptOCl!eds for cmer training md employment assh;tanc;e COJ: VC\'lt.tlU\S of the U.S. Atmed Services. A sepatate agreement will be cxccur:c:d 'With AMVETS Career Cent", Inc.; 5. AMVETS #290 agrees that all assets in its possession reeeived from AMVETS Careet Center, Inc. and cuuenrly Set aside! o[ designawi for the benefit of cueex ttaining or employment assistmc;e fot Vetefttls, iAcludiog proceeds held in any atcx>wlt de&ignated for its cueer cenrez:, shall be immediately tUrned OVUt to AMVETS Career: Center, Inc. 6. In terum for AMVETS #290'$ execution of and compliance with this Settlc:mellt Agreement. the Attomey GcnCI'lll w:ill noc take civil or .dmitUstr.l.ttVI! C!nforccmcnt action against the post 'With respect to the facts stated in paragnph 3 of this Settlement Agreement. However, should AMVETS #290 fail to comply with the tetmS of this Settlement Agreement, the Attorney General may consKie.r the fx.ts stated in paragraph 3 and ma.y take action including administrAtive action 'With [espect to the POSt's bingo li.cense or bU1go license applications; 7, AMVETS #290 agrees that any c:videntt of a violation of this Agreement shall be ptWoImt evidl!RCe of the post's violation of the applicable fedenllaws teltted to chui'Cllble gambting, Ohio Revised Code Chapter 2915, 0[ my rdated rule adopted under the Ohio Ad.rninistrattve Code, in any subsequent action or proceeding brought by the Attomey Geneul; 8. This Settlement Agrcc:ment is binding UP0&'1 the putie.&, my and aIlsucccJSon,I.signS, subliidiuics. agents, employees, or reprClieDtaDve::l of the panies or any other affiliateS. Any breach of this Settlement Agreement by AMVETS #290 \Vill dischatge the Attotlley General from any obligations under the tcml., of this Settlement Agreemeat; 9. By signing this Sen:1emcnt Agreement, the AttOn1cy Gen"al is not waiving any tight'll he has to conduct further investigations of .AMVETS #290 and to take necessary action for additioDal violations of law; 10. The puties have tead and uoderstand this Settlement Agreement and have enre.red into the same knowingly, voluntarily, and with the oppo.nunity [0 gain advice of counsel; 11. This Senleroent Agreement is cntc:r:c:d into by all parties and may be executed in coulltetparts or fa.c:sWiles, each of which shill be dc:cmcd an original, but all of which shall constitute one and the same instrument. It shall be conllidcrc:d binding and effective upon the date of the laSt signature of all patbl!S and individuals. Page 203 01-16-2013 04:16pm From-OHIO ATTORNEY GENERAL 614-466-9788 T-Z57 P,004/004 F-635 IN WITNESS WHEREOF, the panics to this Settlement Agreement have executed it and/ot cawed it to be executed by tbc:U duly authorized Ee})teSefltariV('s: Approved by: John Jones. Commander DatE Fot AMVE:TS #290 Samuel J. Kirk III Date Assiuant Section Chief For the Ohio Artorney General's Of6ce Page 3 of3 Ch2,l'itable Section Office 614-466-3181 MIKE DEWINE FlIX 614-466-9788 >==.. OHIO ATTOR,NEY GENERAL" = 150 East Gay Street, 23 m Floor Columbus. Ohio 43215 www.OhioAttorm:yGenCVI1,gov
THIS SETI1..EMENT AGREEMENT is made by and between AMVETS Post #444. 428 Black Lane. Fs.jxborn, Ohio 45324, Greene County ("AMVETS #444'j and the Ohio Attotney GenecaJ ("Attorney General"), for the putpose of the Attomey General's concerns with respect to Al'vlVETS #444'5 usc of charitable bingo proceeds. Together, the Attomey Gcnc:tal and AMVETS #444 arc referred to herein2ftet a.s "the parties," 1. WHEREAS, the Attorney General is responsible for the admittisttation and enfotcerneot of Ohio's Charitable Bingo Law (Ohio Revised Code Chapter 2915 and the Ohio Ad.m.i.nist1'1I.tive Code Rules adopted thereunder), Ohio's Charitable Trost Law (Ohio Revised Code 109.23, ,tJU1,). and Ohio's chwr:a.b1e Solicit2.tion Law (Ohio Revised Code Chapter 1716). The Attorney General is also charged at eommon a.w co protect charitable trUSt il$sets from abulle and to ensure thllt the proceeds from charir:a.ble solicitation are used for intended purposes: 2. WHEREAS, AMVETS #444 is licensed to conduct charitable instant bingo and was required pursuant to Ohio Revised Code 2915.101 to donate 25% of net profit nom the pro{;ceds from the sale or instant bingo to II. 501 (c)(3) public chacity; 3. WHERF..AS, AMVETS #444 conttactOO with AMVETS Career Center, Inc., a 501(c)(3) public charity, for the donation of the poses required 25% charitable instant bingo distribution, AMVETS Ca.ree.r Center, Inc. retained a small portion (approximately 15%) of the 25% cha.titablc distribution amount and then ttBnSfcrroo thc remaining dlaritablc: proceeds bad to the post for the opc.z:ation of a career center located within the post The post then beld the charitable proceeds under trust and WIlS required to use all of the proceeds received from AMVETS Career Ccotct, Inc. to plovide eareer: training for veter:ans of the U.S. Atmcd Forces. Howeve.r, not all of the chwtllblc pfOccds we.re used for the intended dl:uitable PWP05CS and post officers did not comply with fiduciary responsibilities with respect to the expenditure of funds; NOW TIIEREFORE, in considetation of the mut.u<U plomises herein exptC!l!led, and with to be legally bound, the parties agree as follow$: we:OI IOZ-91-IO 4. AMVETS #444 agrees to distributc all amounts Iequired to be distI"ibuted to a 501 (c)(l) chatity from bingo putsuant to Chapter 2915 of tbe Revised Code to AMVETS Cuccr Center, Inc., as it is cuttcndy named, on 9 monthly basis unWat least December 31. 20t7. AMVETS CUCCI Ccntel, Inc., as it is cunendy named, will hold all charitable proceeds and utilize those proceeds fOI CUCCI training and employment assistance fur veterans of the U.S. Armed Services. A separate agreement will be executed with AMVETS Career Ccnta, Inc.; 5. AMVETS #444 agrees that all assets in its possession received from AMVETS Cateet Center, Inc. and cw:rcndy set aside or designated for the benci.t of cllfeer training or employment assistance for veterans, including procecds held in any account designated for its career center, shall be immediately turned over to AMVETS Cucer Center, Inc. 6. In retunl for AMVETS #444'5 execution of and compliance with this Settlemcnt Agreement, the Attorney General. will not take civil or administrative enforcement action against the post with respect to the facts stated in paragraph 3 of thi.$ Settlement Agreement. Howcva:, should AMVETS #444 fs.il to comply with the turns of this Settlement Agreement, the Attorney Genaal may consider the fam stated .in puagrllph 3 and tnlly tike any action including administmtive. action with respect to the post's bingo license or bingo license ttpplications; 7. AMVETS #444 agrees thllC lny evidence of:l violation of this Agreement shall be pnllla/at:id evidence of the post's violation of the applicable related to charitable gambling, Ohio Revised Code Chapter 2915, or any relamd rule adopted under the Oruo Ad.miniotrative Code:, in any subsequent action or proceeding brought by the Attorney General; 8. This Setdement Agreement is binding upon the parties, any and all successors, assigns, subsidiaries, aprs, employees, or representatives of the puties or any other affiliates. Any breach of this Settlement Agreemcot by AMVETS #444 will discharge the Attorney General hom any ohligations under the te.t1D.!l of this Settlement Agreement; 9. By signing this Setdcmlmt Agreement, the Attorney General is flOt waiving any rightS he has to conduct further investigations of AMVETS #444 and to take necessary action for additional vioL'ltions of law; 10. The patties have read and understand this Setdcment Agreement and have entered .into the same knowingly, voluntarily, and with the opportunity to gain advice of counsd; 11. Settlement Agrct:mlmt is entered into by all patties and may he xecuted in countet:plU'ts or facsimiles, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. It shall be considered binding and effective upon the date of the last signature of all requisite patties and individuals.
6l9-2 tOO/OO'd ZtZ-l 88l6-99t-tl9 weE:Ol lOZ-91-10 IN WITNESS WHEREOF, the putics to this Settlement Agreement have executEd it and/or caused it to be executed by their duly autho11zcd fepreSenu.tives: App1':oved by: Jjj hJ to} 3 David Nill, CommAndet Date For M.-!:VETS #444 Samuel J. Kirlc III Date Assistant Section Chief For the Ohio Attorney General's Ol6ce Page:; 00 6 1 9 - ~ 'OO/'OO"d Z,Z-l 8816-99v-,19 1VH3N39 A3NHOIIV OIHO-WOJ= W!:OI IOZ-91-10 Charitable Law Section Office 614-466-3181 MI l ONE'" ,.A. ~ ' Fax 614-466-9788 it OHIO ATTORNEY GENERAL it 150 East Gay Street, 23 rd Floor Columbus, Ohio 43215 wwwoOhioAttomeyGeneral.gov SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT is made by and between AMVETS Post #464, 5420 Brandt Pike, Huber Heights, Ohio 45424, Montgomery County ("A1V1.VETS #464') and the Ohio Attorney General ("Attorney General'), for the purpose of resolving the Attorney General's concerns with respect to AMVETS #464's use of charitable bingo proceeds. Together, the Attorney General and AMVETS #464 are referred to hereinafter as "the parties." 1. WHEREAS, the Attorney General is responsible for the administration and enforcement of Ohio's Charitable Bingo Law (Ohio Re,,';sed Code Chapter 2915 and the Ohio Administrative Code Rules adopted thereunder), Ohio's Charitable Trust Law (Ohio Revised Code 109.23, et seq,), and Ohio's Charitable Solicitation Law (Ohio Revised Code Chapter 1716). The Attorney General is also charged at common law to protect charitable trust assets from abuse and to ensure that the proceeds from charitable solicitation are used for intended purposes; 2. WHEREAS, AMVETS #464 is licensed to conduct charitable instant bingo and was required pursuant to Ohio Revised Code 2915.101 to donate 25% of net profit from the proceeds from the sale of instant bingo to a 501 (c)(3) public charity; 3. WHEREAS, AMVETS #464 contracted with AMVETS Career Center, Inc., a 501(c)(3) public charity, for the donation of the post's required 25% charitable instant bingo distribution. AMVETS Career Center, Inc. retained a small portion (approximately 15%) of the 25% charitable distribution amount and then transferred the remaining charitable proceeds back to the post for the operation of a career center located within the post. The post then held the charitable proceeds under trust and was required to use all of the proceeds received from AMVETS Career Center, Inc. to provide career training for veterans of the U.S. Armed Forces. However, not all of the charitable proceeds were used for the intended charitable purposes and post officers did not comply with fiduciary responsibilities with respect to the expenditure of funds; NOW THEREFORE, in consideration of the mutual promises herein expressed, and with intent to be legally bound, the parties agree as follows: 4. AMVETS #464 agrees to distribute all amounts required to be distributed to a 501 (c) (3) charity from bingo pursuant to Chapter 2915 of the Revised Code to AMVETS Career Center, Inc., as it is currently named, on a monthly basis until at least December 31, 2017. AMVETS Career Center, Inc., as it is currently named, will hold all charitable proceeds and utilize those proceeds for career training and employment assistance for veterans of the U.S. Armed Services. A separate agreement will be executed with AMVETS Career Center, Inc.; 5. AMVETS #464 agrees that all assets in its possession received from AMVETS Career Center, Inc. and currently set aside or designated for the benefit of career training or employment assistance for veterans, including proceeds held in any account designated for its career center, shall be immediately turned over to AMVETS Career Center, Inc. 6. In return for AMVETS #464's execution of and compliance with this Settlement Agreement, the Attorney General will not take civil or administrative enforcement action against the post with respect to the facts stated in paragraph 3 of this Settlement Agreement. However, should AMVETS #464 fail to comply with the terms of this Settlement Agreement, the Attorney General may consider the facts stated in paragraph 3 and may take any action including administrative action with respect to the post's bingo license or bingo license applications; 7. AMVETS #464 agrees that any evidence of a violation of this Agreement shall be primafacie evidence of the post's violation of the applicable federal laws related to charitable gambling, Ohio Revised Code Chapter 2915, or any related rule adopted under the Ohio Administrative Code, in any subsequent action or proceeding brought by the Attorney General; 8. This Settlement Agreement is binding upon the parties, any and all successors, assigns, subsidiaries, agents, employees, or representatives of the parties or any other affiliates. Any breach of this Settlement Agreement by AMVETS #464 will discharge the Attorney General from any obligations under the terms of this Settlement Agreement; 9. By signing this Settlement Agreement, the Attorney General is not waiving any rights he has to conduct further investigations of AMVETS #464 and to take necessary action for additional violations of law; 10. The parties have read and understand this Settlement Agreement and have entered into the same knowingly, voluntarily, and with the opportunity to gain advice of counsel; 11. This Settlement Agreement is entered into by all parties and may be executed in counterparts or facsimiles, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. It shall be considered binding and effective upon the date of the last signature of all requisite parties and individuals. Page 2 of3 IN WITNESS WHEREOF, the parties to this Settlement Agreement have executed it and/ or caused it to be executed by their duly authorized representatives: Approved by: Date For AMVETS #464 3-22.-}3 Samuel J. Kirk III Date Assistant Section Chief For the Ohio Attorney General's Office Page 3 of3 01-17-2013 11 :15am From-OHIO ATTORNEY GENERAL 614-466-9788 T-263 P,002/004 F-644 Charimble L2w Section Office 614466-3181 Fax 614-466-9788 1SO Ealit Gay Stm=t. 23u1 Floor Columbus, Ohio 43215 www.OhionttomtyGcnaal.gov SETILFMENT AGREEMENT THlS SETTLEMENT AGREEMENT is made by and between AMVETS POSt #726, P.O. :Sox 20, 340 West Mill Strcet, Eldorado, Ohio 45321, Preblc COUQty ("AMVETS #726'1 and the Oh.io Attorney Genccal ("Attorney Gencol"), fox the pw:pose of the Attorney General'lI c:oncern>l with n:&peCt to AMVETS #726'5 use of charitllb1c bingo proceeds. Togethet. the AtrOtney General and AMVETS #726 are refarcd to hac.in2fter as "the parties." 1. WHER.EJ\.S, the Attorney Geoen1 Iesponsible (01' the a.dminislXntion !lnd enforccment of Ohio's Chujtllble Bingo law (Ohio Rcvi$ed Code Chapter 2915 !lnd the Ohio Administrative Code Rules adopted thc.rrulldcr), Ohio's Charitable TtUs. Law (Ohio Revised Code 109.23, tJ seq,), ami Ohio's CharimbJc Solicitation Law (Obio Code Chapt:et t 716), The AttQ.mey ('..eneral is abo charged at C;OQlJnOQ law [0 protect charimble tnlSt aSjet5 from abUlle and to ensw:e that the procecds from clw'.itable solicitation ale used for intended purpose;;; 2. WHllREAS, AMVETS #726 is licensed to conduct charitable instant bingo and was requiral pw:suant to Ohio Revised Code 29tS.101 ro donate 25% of Ilct profit from the proceeds from the sale of inStlUlt bingo to a 501{c)(3) public chlltity; 3. WHEREAS, AMVETS #726 conuacted with AMVETS Career Center, Inc., a 501(c}(3) public charity, for the donation of [he required 25% chuttabl.e mstlltlt bingo disuibunon. AMVETS Cam::r Center, Inc. rcralnc!d a smaU pottion (approximately 15%) of the 25% chlltitable distribution amount and then rl'llnsfe.rred rbe remaining charitable pt()(eeds back to rhe pOltt fot' the operation of II carcCI centa located within the: post. The post then held the charitaWe proceeds under cruSt and WllS ICqui.:rcd to we: all of the pIoceeds rc:ce.ivc:d from AMVETS Cateer Center, Inc. to pJ:ovirle cue.[ training for veteran:; of the U.S. Acned FOKes. However, aot all of the charitable pJ:occcds wac: \Jsed for the inn:odcd charitable pwpOses and pOSt officers did not comply with fiduciary responsibilities with rcspect to tbe c:.xpenditurc of funds; NOW THEREFORE. in consideration of the mutual promises hetein exptessed, and with intent to be legally bOUI'ld, the parries agree as follows: 01-17-2013 11 :15am From-OHIO ATTORNEY GENERAL 614-466-9788 T-263 P.D03/DD4 F-644 4. AMVETS #726 agrees lQ Qisttml.1te all amountS requited to be distributed to a 501(c)(3) cbariry from bingo pursuant to Chapter 2915 of the R.evised Code to AMVETS Career Centc:l:. Inc., as it u CUJ:Ia1dy named, on a monthly basi\; until. at least December 31,2017. AMVETS Cuter Center, Inc., as it is cl.l.rXently named., will hold aU charitable and utilize mose: procccd$ for ca.s:eet training and employtnent assistance for verenns of the U.S. Armed Sel.'vices. A separate agteemcnt will be t.xecuted with AMVETS CareCI Center, Inc.; S. AMVETS #726 agrcc:s mat all assets in its possession received from AMVETS Career Center, Inc. and cuuently set aside or designated for the benefit of c:u:eer training Ot employment assiSWlce for veteta.RS, inclUdiJ.lg proa:ed$ held in any account designated fOI it\; cuter CCrltCI, shall be immediately turned over to AMVETS CareCI Center, Inc. 6. In retutn for AMVETS #726'$ execution of and compliance with this Setdement Agreement, the AnOMey will nOt take civil or administrative cnforcancnt action the POSt with respect to me fam stated in paragraph 3 of this Scttlcmmt Agreement. However, $hould AMVETS #726 fail to comply with the terms of this Srnlemc::nt Agreement, the Attomey General may considez facts stated in paragraph 3 illui may nUa.: any action including adm.Ulisuative action with respect to the pose'li bingo license or bingo license application:;; 7. AMVETS #726 agxecs that any evidence of l\ violation of this Agreement sball be pri#JrJ fark evidence of the POlit':; violation of the applicable fcdc:rallawli related to charitable gambling, Ohio Revised Code 2915. or any related tule adopted under tht' Ohio Administrative Code, in any subsequent action or procc:cding brought by the Attorney Gencrl1l; 8. This Settkmcnt Agreement is bind.itlg upon me panies, any and aU llu.cceSSot5. as!tigDs. subsidia.t.ies, ageots, employees, 01.' reptesenfJlrivcs of the parties Or any other affiliares. Any breach of this Settlement Agreement by AMVETS #726 will diseharge the Atromey General from any obligations undc.c the tenDS of this Settlement Agteementj 9. By sigoins thi.; Setdement Agreement, the Attorney General is not waiving any tights he has to conduct further investigations of AMVETS #726 and to take necessuy action for additionlll vjoJaUons of law; 10. The. have tead and undersmnd this Scrdcment Agreement and have ente.red into the same knowingly, volu.mawy. and with the opportunity to gain advice of counsel; 11. This Settlement Agreement is entered uno by all parties and may be: c:xean-ed in Ot facsimiles, each of which shall be deemed an original.. but all of which I>ball constitute one. and the same imtrummt. It shall be considered binding and effective upon the date of the last signature of all requisite parncs and individuals. Page 2of3 hn Overholser, Commander 01-17-2013 11 :15am From-OHIO ATTORNEY GENERAL 614-466-9788 T-263 P.004/004 F-644 IN WITNESS WHEREOF, The parties to this Settlement Agreement have executed it and/or caused it to be executed by their duly lutho.rizcd represenatives: Apptoved by: . Date For AMVETS #726 '3 -;22 -J:J Samuel J. Kitk III Date Assistant Section Chief For the Ohio Attorney General's Office P.30f3 Chamabk Law SectJOll Office 614 4M11RI MIKE DEWINE Fax G1446697HR .. OHIO AT1'ORNEY GE:NERAl. .. 1SO East Gay Street, 23"l Floor Columbus, OhIO 43215 \\'ww.Ohlo. \ttomcyG<'Hcral.go' TJ lIS SETn ,EMENT i\GREE!vlENT IS made by and AMVETS Posl #777, ri.ast Walker Street, t:pper Sandusky, OhiO 43351, Wyandot County ("AMVETS #777") and the Ohio Attorney General ("Attorney General',), for the purpose of resohTing the Atturney General's concerns wilh respect to AMVETS #777'5 usc of charitabJe bingo proceeds. Together. the Attonu:y Gt.1u.-ral and AMVETS #777 aft' referred to heremaffer as "the parries." 1. \'\Hr.REAS. the Attorney (;eneral is respoflSlbk for the admimslfatlOn and enforcement of ()hIO's Charitable Ringo Law (OhIO Revised Code Chaptt:r 2915 and the Ohio Admlntstrattve Cmk Rules adopted thereunder). Oh1O's Chantablc Trust Law (OhIO Revised Code 109.2), el .feq,), anu OhIO'S Charitable Solidtat.ion T,aw (OhIO Revised Code Chapter 1716). 'lb{' Attorney Gcneral JS also charged at conUI1on law to protet't trust assets from abust- and to <:nsurc that the proceeds from charitable solicitation are used tor intended -. 'l \VHERE.i\S, AMVETS #777 IS licensed to conduct charitable instant b11lgo and was reqUlred pursuant to Oluo Revised Code 2915.101 to donate 25 U /() of net profit from the proceeds from the sale of instant bingo to a 501 (c) (3) public charity; 3. WI lEREAS. ;\MVETS #777 contracted with AMVETS Career Center, Inc., a 501 ')(3) pubhc charity, fot' the donatiun of the post '5 reqwred 250.'0 charitable instant btngo distnbut1On. AI\1VFTS Career Center, Inc. retained a small portion (approximately 15'i'I,) of the charitable distribution amount and then transferred the remaining charitable proceeds back to the post for the operation of a career center located W1t1un the post. Tne post then held the charitable proceeds under trust and was rcqrurcd to use an of the proceeds received from AMVETS Career Center, Inc. 1:0 proVIde career trauung for veterans of dlt, U.S. Anned Porees. f lowevcr. not all of the chantable proceeds were used for the intended charitable purposes and post officers did not comply with fiduciary responsibilities with respect to the expenditure of funds; NOW THEREFORE, in consideration of the mutual promises herein expressed. and "'1th intent to be legally bound. the parties agree as fol1ows: 4. AMVETS #777 agrees to distribute all amounts required to be distributed to a 501 (c) (3) from bingo pursuant to Chapter 2915 of the Revised Code to AMVETS Career Center, Inc, as It 15 currently named, on a monthly basis until at least December 31, 2017. A.,\1VETS Career Center, Inc., as it is currently will hold all chantable proceeds and utilize those proceeds for career training and employment assistance for vetf'r.tns of the u.s. Anned Services. A separate agreement will be executed with AlvfVETS Career Center, Inc 5. AMVETS #777 agrees that aU assets in its possesslOn received from Al\fVETS Career Center, Inc. and currently set aside or designated for the benefit of career training or assistance for veterans, including proceeds held in any account designated for its career center, shall be immediately turned over to AMVETS Career Center, Inc. 6. In return for AMVETS #77Ts execution of and compliance \\'ith this Settlement Agreement, the Attorney General will not take civil or administrative enforcement action against the post ",ith respect to the facts stated in paragraph 3 of this Settlement Agreement. However, should AMVETS #777 fail to comply with the tenns of this Settlement Agreement, the Attorney General may consider the facts stated in paragraph 3 and may any action including administratiye action with respect to the post's bingo license or bingo license applications; 7. AMVETS #777 agrees that any evidence of a Vlolation of this Agreement shall be prima/adt I?'lldence of the post's violation of the applicable federal laws related to charitable gambling, Ohio Rcyiscd Code Chapter 2915. or any related rule adopted under the Ohio Administrative Code, in am' subsequent action or proceeding brought by the Attorney GeneraL 8. 'This Settlement Agreement is binding upon the parties. any and all successors, assigns, subsldi.a.nes, agents, employees, or representatives of the parties or any other affiliates. Any breach of this Settlement Agreement by ,\MVETS #777 will discharge the Attorney General from any obligations under the te.r.ms of this Settlement 9. By signing this Settlement Agreement, the Attorney GeneraJ is not waiving any rights he has to conduct further investigations of AMVETS #777 and to take necessary action for additional Violations of law; 1O. parties have read and understand this Setdement Agreement and have entered into the same knowingly, voluntarily, and with the opportunity to gain advice of counset 11. Thjs Settlement Agreement is entered into by all parties and may be executed in counterparts or facsimiles, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. It shall be con:ilderetl binding and effective upon the date of the last slgnarure of all requisite parties and individuals. Page 2 of 3 IN WITNESS WTIEREOF, the parties to this Settlement Agreement have executed it and!or caused it to be executed by thelr duly authorized representatives: Approved by: E. Alan Commander Fnr AMVETS #777 Samuel J. Kirk III Date Assistant Section Chief For the Ohio Attorney General's Office Page 3 of 3 Charitable Law Section ~ MIKE DEWINE ~ ... OHIO ATTORNEY GENERAL'" SETTLEMENT AGREEMENT Office 614-466-3181 Fax 614-466-9788 150 East Gay Street, 23'd Floor Columbus, Ohio 43215 www.OhioAttoroeyGeneraLgov THIS SETTLEMENT AGREEMENT is made by and between Al\1VETS Post #1312, 3599 Lockbourne Road, Columbus, Ohio 43207, Franklin County ("Al\1VETS #1312") and the Ohio Attorney General ("Attorney General"), for the purpose of resolving the Attorney General's concerns with respect to AMVETS #1312's use of charitable bingo proceeds. Together, the Attorney General and AMVETS #1312 are referred to hereinafter as "the parties." 1. WHEREAS, the Attorney General is responsible for the administration and enforcement of Ohio's Charitable Bingo Law (Ohio Revised Code Chapter 2915 and the Ohio Administrative Code Rules adopted thereunder), Ohio's Charitable Trust Law (Ohio Revised Code 109.23, et seq,), and Ohio's Charitable Solicitation Law (Ohio Revised Code Chapter 1716). The Attorney General is also charged at common law to protect charitable trust assets from abuse and to ensure that the proceeds from charitable solicitation are used for intended purposes; 2. WHEREAS, Al\1VETS #1312 is licensed to conduct charitable instant bingo and was required pursuant to Ohio Revised Code 2915.101 to donate 25% of net profit from the proceeds from the sale oflostant bingo to a 501 (c) (3) public charity; 3. WHEREAS, AMVETS #1312 contracted with Al\1VETS Career Center, Inc., a 501(c)(3) public charity, for the donation of the post's required 25% charitable instant bingo distribution. AMVETS Career Center, Inc. retained a small portion (approximately 15%) of the 25% charitable distribution amount and then transferred the remaining charitable proceeds back to the post for the operation of a career center located within the post. The post then held the charitable proceeds under trust and was required to use all of the proceeds received from AMVETS Career Center, Inc. to provide career training for veterans of the U.S. Armed Forces. However, not all of the charitable proceeds were used for the intended charitable purposes and post officers did not comply with fiduciary responsibilities with respect to the expenditute of funds; NOW lHEREFORE, in consideration of the mutual promises herein expressed, and with intent to be legally bound, the parties agree as follows: 4. AMVETS #1312 agrees to distribute all amounts required to be distributed to a 501(c)(3) charity from bingo pursuant to Chapter 2915 of the Revised Code to AMVETS Career Center, Inc., as it is currently named, on a monthly basis until at least December 31, 2017. AMVETS Career Center, Inc., as it is currently named, will hold all charitable proceeds and utilize those proceeds for career training and employment assistance for veterans of the U.S. Armed Services. A separate agreement will be executed with AMVETS Career Center, Inc.; 5. AMVETS #1312 agrees that all assets in its possession received from AMVETS Career Center, Inc. and currently set aside or designated for the benefit of career training or employment assistance for veterans, including proceeds held in any account designated for its career center, shall be immediately turned over to AMVETS Career Center, Inc. 6. In return for AMVETS #1312's execution of and compliance with this Settlement Agreement, the Attorney General will not take civil or administrative enforcement action against the post with respect to the facts stated in paragraph 3 of this Settlement Agreement. However, should AMVETS #1312 fail to comply with the terms of this Settlement Agreement, the Attorney General may consider the facts stated in paragraph 3 and may take any action including administrative action with respect to the post's bingo license or bingo license applications; 7. AMVETS #1312 agrees that any evidence of a violation of this Agreement shall be prima fade evidence of the post's violation of the applicable federal laws related to charitable gambling, Ohio Revised Code Chapter 2915, or any related rule adopted under the Ohio Administrative Code, in any subsequent action or proceeding brought by the Attorney General; 8. This Settlement Agreement is binding upon the patties, any and all successors, assigns, subsidiaries, agents, employees, or representatives of the patties or any other affiliates. Any breach of this Settlement Agreement by AMVETS #1312 will discharge the Attomey General from any obligations under the terms of this Settlement Agreement; 9. By signing thi" Settlement Agreement, the Attorney General is not waiving any rights he has to conduct further investigations of AMVETS #1312 and to take necessary action for additional violations of law; 10. The patties have read and understand this Settlement Agreement and have entered into the same knowingly, voluntarily, and with the opportunity to gain advice of counsel; 11. This Settlement Agreement is entered into by all parties and may be executed in counterparts or facsimiles, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. It shall be considered binding and effective upon the date of the last signature of all requisite parties and individuals. Page 2 of3 IN WIlNESS WHEREOF, the parties to this Settlement Agreement have executed it and/or caused it to be executed by their duly authorized representatives: Approved by: 1-1'+- \ ~ Date For AMVETS #1312 Samuel J. Kirk III Date Assistant Section Chief For the Ohio Attorney General's Office Page 3 of3 * OHIO ATTOR1\:U" GENERAL .. SETTLEMENT AGREEMENT Charitable Law Section Office 614-466-3181 Fax 614-466-9788 150 East Gay Street, 23 rd Floor Columbus, Ohio 43215 www.OhioAttorneyGeneral.gov THIS SETTLEMENT AGREEMENT is made by and between AMVETS Post #1313, 2250 North Scott Street, Napoleon, Ohio 43545, Henry County ("AMVETS #1313") and the Ohio Attomey General ("Attomey General"), for the purpose of resolving the Attomey General's concerns with respect to AMVETS #1313's use of charitable bingo proceeds. Together, the Attomey General and AMVETS #1313 are referred to hereinafter as "the parties." 1. WHEREAS, the Attomey General is responsible for the administration and enforcement of Ohio's Charitable Bingo Law (Ohio Revised Code Chapter 2915 and the Ohio Administrative Code Rules adopted thereunder), Ohio's Charitable Trust Law (Ohio Revised Code 109.23, et seq,), and Ohio's Charitable Solicitation Law (Ohio Revised Code Chapter 1716). The Attorney General is also charged at common law to protect charitable trust assets from abuse and to ensure that the proceeds from charitable solicitation are used for intended purposes; 2. WHEREAS, AMVETS #1313 is licensed to conduct charitable instant bingo and was required pursuant to Ohio Revised Code 2915.101 to donate 25% of net profit from the proceeds from the sale of instant bingo to a 501 (c) (3) public charity; 3. WHEREAS, AMVETS #1313 contracted with AMVETS Career Center, Inc., a 501(c)(3) public charity, for the donation of the post's required 25% charitable instant bingo distribution. AMVETS Career Center, Inc. retained a small portion (approximately 15%) of the 25% charitable distnbution amount and then transferred the remaining charitable proceeds back to the post for the operation of a career center located within the post. The post then held the charitable proceeds under trust and was required to use all of the proceeds received from Al\1VETS Career Center, Inc. to provide career training for veterans of the U.S. Armed Forces. However, not all of the charitable proceeds were used for the intended charitable purposes and post officers did not comply with fiduciary responsibilities with respect to the expenditure of funds; NOW THEREFORE, in consideration of the mutual promises herein expressed, and with intent to be legally bound, the parties agree as follows: 4. AMVETS #1313 agrees to distribute all amounts required to be distributed to a 501(c)(3) charity &om bingo pursuant to Chapter 2915 of the Revised Code to AMVETS Career Center, Inc., as it is currently named, on a monthly basis until at least December 31, 2017. AMVETS Career Center, Inc., as it is currently named, will hold all charitable proceeds and utilize those proceeds for career training and employment assistance for veterans of the U.S. Armed Services. A separate agreement will be executed with AMVETS Career Center, Inc.; 5. AMVETS #1313 agrees that all assets in its possession received from AMVETS Career Center, Inc. and currently set aside or designated for the benefit of career training or employment assistance for veterans, including proceeds held in any account designated for its career center, shall be immediately turned over to AMVETS Career Center, Inc. 6. In return for AMVETS #1313's execution of and compliance with this Settlement Agreement, the Attorney General will not take civil or administrative enforcement action against the post with respect to the facts stated in paragraph 3 of this Settlement Agreement. However, should AMVETS #1313 fail to comply with the terms of this Settlement Agreement, the Attorney General may consider the facts stated in paragraph 3 and may take any action including administrative action with respect to the post's bingo license or bingo license applications; 7. AMVETS #1313 agrees that any evidence of a violation of this Agreement shall be prima Jacie evidence of the post's violation of the applicable federal laws related to charitable gambling, Ohio Revised Code Chapter 2915, or any related rule adopted under the Ohio Administrative Code, in any subsequent action or proceeding brought by the Attorney General; 8. This Settlement Agreement is binding upon the parties, any and all successors, assigns, subsidiaries, agents, employees, or representatives of the parties or any other affiliates. Any breach of this Settlement Agreement by AMVETS #1313 will discharge the Attorney General &om any obligations under the terms of this Settlement Agreement; 9. By signing this Settlement Agreement, the Attorney General is not waiving any rights he has to conduct further investigations of AMVETS #1313 and to take necessary action for additional violations of law; 10. The parties have read and understand this Settlement Agreement and have entered into the same knowingly, voluntarily, and with the opportunity to gain advice of counsel; 11. This Settlement Agreement is entered into by all parties and may be executed in counterparts or facsimiles, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. It shall be considered binding and effective upon the date of the last signature of all requisite parties and individuals. Page 2 00 IN WITNESS WHEREOF, the parties to this Settlement Agreement have executed it and/or caused it to be executed by their duly authorized representatives: Approved by: ) Gary Botticher, Commander Date For AMVETS #1313 '5-.22-/3 Samuel J. Kirk III Date Assistant Section Chief For the Ohio Attorney General's Office Page 3 of3 Charitable Law Section Office 614-466-3181 Fax 614-466-9788 eMum DEWINE * OHIO ATTORNEY GENERAL * 150 East Gay Street, 23 m Floor Columbus, Ohio 43215 www.OhioAttomeyGenecal.gov SETILEMENT AGREEMENT THIS SETTLEMENT AGREEMENT is made by and between ANNETS Post #1338, 220 1st Drive Southwest, New Philadelphia, Ohio 44663, Tuscarawas County (HANNETS #1338") and the Ohio Attorney General ("Attorney General"), for the purpose of resolving the Attorney General's concerns with respect to AMVETS #1338'8 use of charitable bingo proceeds. Together, the Attorney General and AMVETS #1338 are referred to hereinafter as "the parties." 1. WHEREAS, the Attorney General is responsible for the administration and enforcement of Ohio's Charitable Bingo Law (Ohio Revised Code Chapter 2915 and the Ohio Administrative Code Rules adopted thereunder), Ohio's Charitable Trust Law (Ohio Revised Code 109.23, et seq,), and Ohio's Charitable Solicitation Law (Ohio Revised Code Chapter 1716). The Attorney General is also charged at common law to protect charitable trust assets from abuse and to ensure that the proceeds from charitable solicitation are used for intended purposes; 2. WHEREAS, AMVETS #1338 is licensed to conduct charitable instant bingo and was required pursuant to Ohio Revised Code 2915.101 to donate 25% of net profit from the proceeds from the sale of instant bingo to a 501 (c)(3) public charity; 3. WHEREAS, AMVETS #1338 contracted with AMVETS Career Center, Inc., a 501(c)(3) public charity, for the donation of the post's required 25% charitable instant bingo distribution. AMVETS Career Center, Inc. retained a small portion (approximately 15%) of the 25% charitable distribution amount and then transferred the remaining charitable proceeds back to the post for the operation of a career center located within the post. The post then held the charitable proceeds under trust and was required to use all of the proceeds received from AJ\.fVETS Career Center, Inc. to provide career training for veterans of the U.S. Armed Forces. However, not all of the charitable proceeds were used for the intended charitable purposes and post officers did not comply with fiduciary responsibilities with respect to the expenditure of funds; NOW THEREFORE, in consideration of the mutual promises herein expressed, and with intent to be legally bound, the parties agree as follows: 4. AMVETS #1338 agrees to distribute all amounts rt:quired to be distributed to a 501(c)(3) charity from bingo pursuant to Chapter 2915 of the Revised Code to AMVETS Career Center, Inc., as it is currently named, on a monthly ba$i. .. until at least December 31,2017. AMVETS Career Center, Inc., as it is currently named, win hold all charirable proceeds and utilize those proceeds for career training and employment assistance for veterans of the u.s. Armed Services. A ~ e p a r a t e agreement will be executed witl1 AMVETS Career Center, Inc.; 5. AMVETS #1338 agrees that ail assets in its possession J:eceived from AMVETS Career Center, Inc. and currently set aside or designated for the benefit of career training or employment assistance for veterans, including proceeds held in any account designated for its career center, shall be immediately turned over to AMVETS Career Center, Inc. 6. In return for AMVETS #1338's execution of and compliance with this Settlement Agreement, the Attorney General will not take eivil or administrative enforcement action against the post with respect to the facts stated in paJ:agraph 3 of this Settlement Agreement. However, should AMVETS # 1338 fail to comply with dlC terms of this Settlement Agreement, the Attorney General may consider the facts stated in paragraph 3 and may take any action including administrative action with respect to the post's bingo license or bingo license applications; 7. A.MVETS #1338 agrees that any evidence of a Vlolation of this Agreement shall be prima fode evidence of the post's violation of the applicable federal laws related to eharit.'lble gambling, Ohio Revised Code Chllpter 2915, or any related rule adopted under the Ohio Administrative Code, in any subsequent action 01" proceeding brought by the Attorney General; 8. This Settlement Agreement 15 binding upon the parties, any and all successors, assigns, subsidiaries, agcnts, employees, or representatives of the partIes or any other affiliates. Any breach of this Settlement Agreement by AMVETS # 1338 will discharge the Attorney General from any obligations under the terms of this Settlement Agreement; 9. By signing this Settlement Agreement, the Attorney General is flot waiving any rights he has to conduct further investigations of AMVETS #1338 and to take necessary action for additional violations of law; 10. The parties have read and understand this Settlement Agreement and have entered into the same knowmgly, voluntarily, and with the opportunity to gain advice of counsel; JL This Settlement Agreement is entered into by aU parties and may be executed in counterparts or facsimiles, each of which shall be deemed an origmal, but all of which fihall constirure one and the same instIllment. It shall be considered binding and effective upon the date of the iast sjgnature of all requisite parties and individuals. Page 2 of 3 IN WITNESS WHEREOF, the parties to this Settlement Agreement have executed it and!or caused it to be executed by their duly authorized representatives: Approved by: Steven Litty, Commander Date For AMVETS #1338 Samuel J. Kirk III Date Assistant Section Chief For the Ohio Attorney General's Office Page 3 of3 Charitable Law Section Office 614-466-3181 Fax 614-466-9788 150 East Gay Street, 23 rd Floor Columbus, Ohio 43215 www.OhioAttomeyGeneral.gov SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT is made by and between AMVETS Post #1776, 649 Radio Lane, Logan, Ohio 43138, Hocking County ("AMVETS #1776") and the Ohio Attorney General ("Attorney General"), for the purpose of resolving the Attorney General's concerns with respect to AMVETS #1776's use of charitable bingo proceeds. Together, the Attorney General and AMVETS #1776 are referred to hereinafter as "the parties." 1. WHEREAS, the Attorney General is responsible for the administration and enforcement of Ohio's Charitable Bingo Law (Ohio Revised Code Chapter 2915 and the Ohio Administrative Code Rules adopted thereunder), Ohio's Charitable Trust Law (Ohio Revised Code 109.23, et seq,), and Ohio's Charitable Solicitation Law (Ohio Revised Code Chapter 1716). The Attorney General is also charged at common law to protect charitable trust assets from abuse and to ensure that the proceeds from charitable solicitation are used for intended purposes; 2. WHEREAS, AMVETS #1776 is licensed to conduct charitable instant bingo and was required pursuant to Ohio Revised Code 2915.101 to donate 25% of net profit from the proceeds from the sale of instant bingo to a 501 (c)(3) public charity; 3. WHEREAS, AMVETS #1776 contracted with AMVETS Career Center, Inc., a 501(c)(3) public charity, for the donation of the post's required 25% charitable instant bingo distribution. AMVETS Career Center, Inc. retained a small portion (approximately 15%) of the 25% charitable distribution amount and then transferred the remaining charitable proceeds back to the post for the operation of a career center located within the post. The post then held the charitable proceeds under trust and was required to use all of the proceeds received from AMVETS Career Center, Inc. to provide career training for veterans of the U.S. Armed Forces. However, not all of the charitable proceeds were used for the intended charitable purposes and post officers did not comply with fiduciary responsibilities with respect to the expenditure of funds; NOW THEREFORE, in consideration of the mutual promises herein expressed, and with intent to be legally bound, the parties agree as follows: 4. AMVETS #1776 agrees to distribute all amounts required to be distributed to a 501(c)(3) charity from bingo pursuant to Chapter 2915 of the Revised Code to AMVETS Career Center, Inc., as it is currendy named, on a monthly basis until at least December 31, 2017. AMVETS Career Center, Inc., as it is currendy named, will hold all charitable proceeds and utilize those proceeds for career training and employment assistance for veterans of the U.S. Armed Services. A separate agreement will be executed with AMVETS Career Center, Inc.; 5. AMVETS #1776 agrees that all assets in its possession received from AMVETS Career Center, Inc. and currendy set aside or designated for the benefit of career training or employment assistance for veterans, including proceeds held in any account designated for its career center, shall be immediately turned over to AMVETS Career Center, Inc. 6. In return for AMVETS #1776's execution of and compliance with this Setdement Agreement, the Attorney General will not take civil or administrative enforcement action against the post with respect to the facts stated in paragraph 3 of this Setdement Agreement. However, should AMVETS #1776 fail to comply with the terms of this Setdement Agreement, the Attorney General may consider the facts stated in paragraph 3 and may take any action including administrative action with respect to the post's bingo license or bingo license applications; 7. AMVETS # 177 6 agrees that any evidence of a violation of this Agreement shall be prima facie evidence of the post's violation of the applicable federal laws related to charitable gambling, Ohio Revised Code Chapter 2915, or any related rule adopted under the Ohio Administrative Code, in any subsequent action or proceeding brought by the Attorney General; 8. This Setdement Agreement is binding upon the parties, any and all successors, assigns, subsidiaries, agents, employees, or representatives of the parties or any other affiliates. Any breach of this Setdement Agreement by AMVETS #1776 will discharge the Attorney General from any obligations under the terms of this Setdement Agreement; 9. By signing this Setdement Agreement, the Attorney General is not waiving any rights he has to conduct further investigations of AMVETS #1776 and to take necessary action for additional violations of law; 10. The parties have read and understand this Setdement Agreement and have entered into the same knowingly, voluntarily, and with the opportunity to gain advice of counsel; 11. This Setdement Agreement is entered into by all parties and may be executed in counterparts or facsimiles, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. It shall be considered binding and effective upon the date of the last signature of all requisite parties and individuals. Page 2 of 3 IN WITNESS WHEREOF, the parties to this Setdement Agreement have executed it and/or caused it to be executed by their duly authorized representatives: Approved by: Robert Cecil, Commander Date For AMVETS #1776 Samuel J. Kirk III Date Assistant Section Chief For the Ohio Attorney General's Office Page 30f3 Cha.riu.ble Lnw Section Office 614-4663181 614-466-9788 150 EAst Gay Street, 23 nl Floor Ohio 43215
THIS SElTLEMENT AGREEMENT is mAde by and between A::'v.!\"'ETS Post #1789, 715 Mal;ket Stteet, Brookville, Oblo 45309, Montgomery County ("ArvrvETS #1789',) and the Ohio Attorncr General ("Attorney Gcnf:ral"). for the purpose of resolving the Attorney concerns with respect to At--fVETS #1789'5 me of charitable bbgo proceeds. Together, the Attorney Gencral and AMVETS #1789 at;: referred to hereinafter as "the p:uties." 1. WHEREAS, the Attorney GeneraliS responsible for the administration and enforcement of Ohio's Charitable Bingo Law (Ohio Revised Code Chaptl!r 2915 and the Ohio Administrative Code R\l.les adopted thereund:r), Ohio's Charitable Trust Law (Ohio Code 109,23, ct ICq,), and Ohio's Charitable Solicitation Law (Oruo Re"\'1sed Code Chaptet 1716). The Attorney General is also chuged at common law to protect charitable trust assets from abuse and to ensure that the proceeds from charitllble are \l.sed for: intended purposes; 2. \"''HEREAS, AMVETS #1789 is licensed to conduct charitable instant bingo and was requited pursuant to Ohio Revised Code 2915.101 to donate 25% of net profit from .;he proceeds from the sllle of instant bingo to a 501 (c) (3) publie c:harity; 3, \'VHEREAS, AMVETS #1789 contracted with AMVETS Cueer Centet, Inc., :a 501(c)(3) public charity, for the donation of the post's requited 25% charitable instant bingo dilltribution. Al\fVE-l"'S Career Center, Inc, retained a small portion (approx:mately 15%) of the 25% charitable distribution amount and then transferred the remaining cha.citable. proce.eds back to the post for the operation of a Cafeer center located ".-ithin the post. The post then held the ch:a.rit.able proceeds under trust and was required to use 811 of the proceeds tccoved from AMVETS Cueer Center, Inc. to provide career ttl\iniog for yeteram of the U.S. Armed Fotc".cs. However, not all of the charitable proceeds were used for the i.ntended chat'itable purposes and post officers did not comply ",ith fiduciary responsibilities with respect to the of funds; NOW THEREFORE, .in consideration of the mutual promhes herei.:J. expressed, ilnd Wl.t.b intent to be legally bOWld, the patties \is follows: vOO/ZOO'd vvZ-l wevZ:11 iOHl-lC 4. AMVETS #1789 to distribute all amounts required to be distributed to a 501(c)(3) charity from bingo pursuant to Chaptx:t 2915 of the Re-..-ise.d Code to AMVETS Cueu Center, Inc.., as it is eurrendy named, on II. t!.'lollthly basis until at least Occcmbct 31, 2017. A.MVETS Career Center, lnc., 1\So it is currently named, will hold \1Jl charitable proc':cds and 1.'Itili%e those proceeds for career trnining and empJoyrnetlt assist1nce for vetetans of tht 1;.8 Anned Sertriccs. A separate agreement will be executed with AMVETS Career Center, Itll;.; 5. A:'viV'EI'S #1789 agrees that :ill9uets in its possession received from AMVETS CAreer Center, Inc. and cunently set aside or designated fot the benefit of career traidng or employment assistance for vc:tctans. including p10eeed$ held in any account designated for its eareer ccntc.r, shall be ifl,.rnediate1y turoed over to AMVETS C:treer 6. In return for AM:VETS #1789'5 cxec 1 1tion of and compliam:e \vith this Settlement Agreement, the Attomey General will not take civil or administrative tnfot<::Cl:nctlt llction asainst the '.vith to the. facts stated it! paragrtph 3 of this Settleme-ot Agreement. Howeve.t, A1\f\'ETS #1789 fail to comply ... "'ith the tenn$ of tltis Settlement Agreement, the Attorney General may consider the facts stated in paragraph .; and may take any action including adol1!ll.sttat1yc action ",-ith respect to the post's bhlgo liccme or bingo hcen$e applications; 7 A::vrVETS #1789 agrees thllt any eV'ldence of !l violation of this Agreement shall be prillfla fade evidence of the post's \"ioJilt1on of the llppl.icable federal laws rdated to charitable gambling, Ohio Revised. Code. Chil.ptcr 2915, 01: any l;elaeed wle adopted under the Ohio Administrative Code, in an.y subsequent action 01' proceeding brought by the Attomey Geneml; 8, 'rhi5 Settlement Ae;rccment is binding upon the IIny and aU assigns, subsidiaries, agents, <:mployees, or tepn:sentati,res of the 0.1: "lr,y otheJ: at'Ellate.s. Any breach of this Settlement Agreement by Al\1VETS #1 7 89 w'J1 d;scharge the .Attorney Genctal from any obligations under the terms of this Settlement Agteement; 9. By signing this Settlement Agreement. the Attc.rney Generlll js not w:U.ving any rights he has to c,onduct further lmcstigations of AMVETS #1 i89 :>\nd to take necessary lI.ction for additional V1ol:'l.1lons oflaw; 10. The parties have read and undcr3tand this Settlement Agreement and have enteted into tbe knowingly, voluntarily, and with the opportunit'f to gam advice of cOI.lnsci; 11 This Settlement Agreement is entered into by all parties and mllY be executed in or facs:imiles, each of which shall be deemed an original. but all of which shut eomtil'Ute one and the S{L"!1e instrument. It shaU be considered binding lInd upon the date of the last signature ol all requisite patties and individuals. P:l.ge 2of3 700/OO'd ,vZ-l weYZ:11 lOZ-91-IC IN WITNE.SS WHE,REOf', the parties to dus Scttlemenr Agreement have exe<:ured it and/o1: caused it to be by their duly authon:7..t:Jd repres.enta.ti:ves: Approved by: 1-/b-13 JOM Childers, Commander Date Fo:r AMVETS #1789 Samuel J. lZu:k III D"te Assistant Section Chief Fm: the Ohio Attorney General's Office Page loU wegz: II lOl-9l-iC Ch,ritllble Law Scctiou Office 614.466-3181 MIKEDEWINE Fax 614-466-9788 --* OHIO ATTORNEY CENE.RAL '* = 150 East Oily Stcect. 23. Floor Columbu$. Ohio 43215 www.OhioArtorncyGcnc:ral.gov SETIl..EMENI AGREEMENT THIS SETTLEMENT AGREEMENT is made by and between AMVETS Post #1979, 420 Harding Way East. Galion, Ohio 44833, Cnwfotd County C'AIvlVETS #1979',) ao.d the Ohio Attomey General C'Attomey General"), fot the purpose of resolving the Attorney General's concernl with respect to AMVETS #1979's \.tse of charitable bingo proceeds. Together. the Attorney General and AMVETS #1979 arc referred to hereinafter as "the l>uUes.II 1. WHEREAS, the Attomey Genwu is respon,lhle for the ao.d e.n(orecment o( Ohio's Chuitable Bingo Law (Ohio Revised Code Chapter 2915 and the Ohio Adroinisu:ative Code Rules adopted thereunder), Ohio's Cha.ritable Trost Law (Ohio R.evised Code 109.23, et uf,)t and Ohie)'s Charitable Solic.itaoon LlIW (Ohio Revised Code Chapter 1716). The Attorney General is also chuged at common law to protect charitable trust assetf (rom abuse and to cnsw:e that the proceeds rom charitable solicitation are llsed for intended purposc:.s; 2. \'lCIHEREAS, AMVE1'S #1979 is licensed to conduct charitable instant bingo and was required pursuant to Ohio Revised Code 2915.101 to dOlUtc 25% of oct profit from the proceeds from thc sale of itutant biago to. 501 (c) (3) public: charity; 3. WHEREAS, AMVETS #1979 cona:act:cd with AMVETS Cueer Centet, Inc., fI. 501(c)(3) public charilY, for the donation of the post's xequircd 25% cbuit2blc: instant bioso distribution. AMVETS CueCI Center, Jnc:. retained a small portion (approximately 15%) of the 25%! charitl\b1c distribution amoWlt Ilnd then transferred the remaining charitable proceeds bac:k to the post for the operation of a career center located within the post. The: post then held the charitable proceeds under tt\l$t Ilnd was rcq\li.ted to usc tll of the \looceeds received tom AMVETS Carea Center, Inc. to provide career training fot vetums of the 'U.S. Armed Forces. However, not :ill of the charitable proceeds wae used for the:. intended charitable Pl.Uposer. and post offief:t5 did nOt comply with fiduciary responsibilities with respect to the cxpendinu:e of
NOW THERE PORE, in considcntion of the mut\J1l promises herein cxptessed, llnd with intent to bc lcgally bound. the parties agree as follows: 6Z9-; tOO/ZOO'd ZSZ-l 8818-991-'19 .' 4. AMVETS #t979 IIgreeS to dilitcibute all amounts requifed to be distributcd to a 501(e)(3) charity from bingo pursuint to Chapter 2915 ot the Revised Code to AMVETS Career Ccntu. Inc., as it is currendy named, on I monthly bllsis until at least December 31, 2017, AMVETS Career Center, Inc., as it is C1ruently named. will hold all charitable proceeds and utilize those proceeds for career ttalning and employment assistance for of the U.S. Armed Servi.c::es. A separate agretment will be executed with AMVETS Career Center, Inc.; 5. AMVETS # 1979 agrees that all assets in its possession received from .AMVETS Cucer Center, Inc:. and cw:rendy set aside ar designated Cor the benefit oC eareer b:alni.ng 01 cmployment assistance for veterans, including proceeds held in any account des.ignatcd for its career c:entCI:, shall be immedi.ately turned over to AMVETS Career Center, Inc. 6. In return tor AMVETS #1979', execution of and compliance with this Settlemcnt Agreement. the Attorney General will not take civil Of adrni.oisttative enforcement action 3fnst the post with respect to the facts stated in putgr:aph ,3 of this Setdement Agreeau!nt. HowCV1:.t. should AMVE-rS #1979 fail. to comply with the terms of this Settlement Agreement, the Attorney General may consider the faro stared in patagtaph ,3 and may take Ilny action including admi.n.istrative action with respect to the post's bingo license or bingo license applications; 7. AMVE1'S #1979 agrees that any evidence ot:l violation of this Agreement shall be pritlta f4d8 evidence ot the post'$ violation of the applicable federal laws related to charitable gambling, Ohio Revised Code Chapter 2915, or any related rule adopted under the Ohio AdrnitUstrative Code, in any subsequent Action or proceeding brought by the Attorney Genera.l; 8, This Settlement Agreemcnt is binding upon the pa.rties, any and all successors, assigns, subsidiaries, agents, employees. or rcprescotatives of the pa.rties or any other affiliates. Iuly breAch oC this Settlemcot Agreement by AMVETS #1979 will discharge the Attorney General tom any under the terms of this Settlement Agreement; 9. By signing th.is Settlement AgreC11lent, the Attorney General is not waiving any rights he has to conduct further investigations or AMVlITS #1979 and to take: necessary action for additional violation!' of law; 10. The parties have read and utldetSt2Dd this Settlemece Agreement and have entered into the S2DlC knowin"y, voluntarily, and with the opportunity to gain 'Advice of counsel; 11. This Setdemect Agteemeot is entered into by al.l pucie$ and may be e:'CCcutcd in counterparts Or eAch of which shall be deemed An original, but all of which shall constitl:lte one and the same instrument. It shall be considered binding tnd effective upon the date of the last signature or all requisite parties and individuals. Page 2 of3 98LS-99v-vI9 . ..
IN W'ITNESS W'HEREO.F, the plll'lies to this Settlement Agreemeot have executed it and/or caused it to be executed by their: duly authori7.ed representatives: Apptoved by: / - / 7 -1.3 B:u:b:ua Miller, Commander Date For AMVETS # 1979 3 - ~ ~ - / 3 Samuel]. Kirk III Date Assistant Section Chie! For the Ohio Attomey General's Office Page 3 of 3 SUS-9SV-tI9 Charitable Law Section ~ MIKE DEWINE ~ '* OHIO ATTORNEY GENERAL '* = ~ SETrLEMENT AGREEMENT Office 614-466-3181 Fax 614-466-9788 150 East Gay Street, 23 rd Floor Columbus, Ohio 43215 www.OhioAttomeyGeneral.gov THIS SETTLEMENT AGREEMENT is made by and between AMVETS Post #1983, 914 Ross Avenue, Hamilton, Ohio 45013, Butler County ("AMVETS #1983',) and the Ohio Attorney General ("Attorney General''), for the purpose of resolving the Attorney General's concerns with respect to AMVETS #1983's use of charitable bingo proceeds. Together, the Attorney General and AMVETS #1983 are referred to hereinafter as "the parties." 1. Wl-IEREAS, the Attorney General is responsible for the administration and enforcement of Ohio's Charitable Bingo Law (Ohio Revised Code Chapter 2915 and the Ohio Administrative Code Rules adopted thereunder), Ohio's Charitable Trust Law (Ohio Revised Code 109.23, et seq,), and Ohio's Charitable Solicitation Law (Ohio Revised Code Chapter 1716). The Atrorney General is also charged at common law to protect charitable trust assets from abuse and to ensure that the proceeds from charitable solicitation are used for intended purposes; 2. Wl-IEREAS, AMVETS #1983 is licensed to conduct charitable instant bingo and was required pursuant to Ohio Revised Code 2915.101 to donate 25% of net profit from the proceeds from the sale of instant bingo to a 501(c)(3) public charity; 3. Wl-IEREAS, AMVETS #1983 contracted with AMVETS Career Center, Inc., a 501(c)(3) public charity, for the donation of the post's required 25% charitable instant bingo distribution. AMVETS Career Center, Inc. retained a small portion (approximatdy 15%) of the 25% charitable distribution amount and then transferred the remaining charitable proceeds back to the post for the operation of a career center located within the post. The post then held the charitable proceeds under trust and was required to use all of the proceeds received from AMVETS Career Center, Inc. to provide career training for veterans of the U.S. Armed Forces. However, not all of the charitable proceeds were used for the intended charitable purposes and post officers did not comply with fiduciary responsibilities with respect to the expenditure of funds; NOW THEREFORE, in consideration of the mutual promises herein expressed, and with intent to be legally bound, the parties agree as follows: 4. AMVETS #1983 agrees to distribute all amounts required to be distributed to a 501(c)(3) charity from bingo pursuant to Chapter 2915 of the Revised Code to AMVETS Career Center, Inc., as it is currently named, on a monthly basis until at least December 31, 2017. AMVETS Career Center, Inc., as it is currently named, will hold all charitable proceeds and utilize those proceeds for career training and employment assistance for veterans of the U.S. Armed Services. A separate agreement will be executed with AJ\1VETS Career Center, Inc.; 5. AMVETS #1983 agrees that all assets in its possession received from AMVETS Career Center, Inc. and currently set aside or designated for the benefit of career training or employment assistance for veterans, including proceeds held in any account designated for its career center, shall be immediatdy turned over to AMVETS Career Center, Inc. 6. In return for AMVETS #1983's execution of and compliance with this Settlement Agreement, the Attorney General will not take civil or administrative enforcement action against the post with respect to the facts stated in paragraph 3 of this Settlement Agreement. However, should AMVETS #1983 fail to comply with the terms of this Settlement Agreement, the Attorney General may consider the facts stated in paragraph 3 and may take any action including administrative action with respect to the post's bingo license or bingo license applications; 7. AMVETS #1983 agrees that any evidence of a violation of this Agreement shall be prima fade evidence of the post's violation of the applicable federal laws related to charitable gambling, Ohio Revised Code Chapter 2915, or any related rule adopted under the Ohio Administrative Code, in any subsequent action or proceeding brought by the Attorney General; 8. This Settlement Agreement is binding upon the parties, any and all successors, assigns, subsidiaries, agents, employees, or representatives of the parties or any other affiliates. Any breach of this Settlement Agreement by AMVETS #1983 will discharge the Attorney General from any obligations under the terms of this Settlement Agreement; 9. By signillg this Settlement Agreement, the Attorney General is not waiving any rights he has to conduct further investigations of AMVETS #1983 and to take necessary action for additional violations of law; 10. The parties have read and understand this Settlement Agreement and have entered into the same knowingly, voluntarily, and with the opportunity to gain advice of counsel; 11. This Settlement Agreement is entered into by all parties and may be executed in counterparts or facsimiles, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. It shall be considered binding and effective upon the date of the last signature of all requisite parties and individuals. Page 2 of3 IN WITNESS WHEREOF, the parties to this Settlement Agreement have executed it and/or caused it to be executed by their duly authorized representatives: Approved by: tJ ~ I Roger Wallace, Acting Commander Date For AMVETS #1983 Samuel J. Kirk III Date Assistant Section Chief For the Ohio Attorney General's Office Page 3 of3 Charitable Law Section Office 614-466-3181 Fax 614-466-9788 150 East Gay Street, 23 rd Floor Columbus, Ohio 43215 www.OhioAttorneyGeneral.gov SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT is made by and between AMVETS Post #1985, 700 South Maple Street, Lancaster, Ohio 43130, Fairfield County ("AMVETS #1985") and the Ohio Attorney General ("Attorney General"), for the purpose of resolving the Attorney General's concerns with respect to AMVETS #1985's use of charitable bingo proceeds. Together, the Attorney General and AMVETS #1985 are referred to hereinafter as "the parties." 1. WHEREAS, the Attorney General is responsible for the administration and enforcement of Ohio's Charitable Bingo Law (Ohio Revised Code Chapter 2915 and the Ohio Administrative Code Rules adopted thereunder), Ohio's Charitable Trust Law (Ohio Revised Code 109.23, et seq,), and Ohio's Charitable Solicitation Law (Ohio Revised Code Chapter 1716). The Attorney General is also charged at common law to protect charitable trust assets from abuse and to ensure that the proceeds from charitable solicitation are used for intended purposes; 2. WHEREAS, AMVETS #1985 is licensed to conduct charitable instant bingo and was required pursuant to Ohio Revised Code 2915.101 to donate 25% of net profit from the proceeds from the sale ofinstant bingo to a 501 (c) (3) public charity; 3. WHEREAS, AMVETS #1985 contracted with AMVETS Career Center, Inc., a 501(c)(3) public charity, for the donation of the post's required 25% charitable instant bingo distribution. AMVETS Career Center, Inc. retained a small portion (approximately 15%) of the 25% charitable distribution amount and then transferred the remaining charitable proceeds back to the post for the operation of a career center located within the post. The post then held the charitable proceeds under trust and was required to use all of the proceeds received from AMVETS Career Center, Inc. to provide career training for veterans of the U.S. Armed Forces. However, not all of the charitable proceeds were used for the intended charitable purposes and post officers did not comply with fiduciary responsibilities with respect to the expenditure of funds; NOW THEREFORE, in consideration of the mutual promises herein expressed, and with intent to be legally bound, the parties agree as follows: 4. AMVETS #1985 agrees to distribute all amounts required to be distributed to a 501(c)(3) charity from bingo pursuant to Chapter 2915 of the Revised Code to AMVETS Career Center, Inc., as it is currently named, on a monthly basis until at least December 31, 2017. AMVETS Career Center, Inc., as it is currently named, will hold all charitable proceeds and utilize those proceeds for career training and employment assistance for veterans of the U.S. Armed Services. A separate agreement will be executed with A}.fVETS Career Center, Inc.; 5. AMVETS #1985 agrees that all assets in its possession rece.ived from AMVETS Career Center, Inc. and currently set aside or designated for the benefit of career training or employment assistance for veterans, including proceeds held in any account designated for its career center, shall be immediately turned over to Ai\fVETS Career Center, Inc. 6. In return for AMVETS #1985'5 execution of and compliance with this Settlement Agreement, the Attorney General will not take civil or administrative enforcement action against the post with respect to the facts stated in paragraph 3 of this Settlement Agreement. However, should AMVETS #1985 fail to comply with the terms of this Settlement Agreement, the Attorney General may consider the facts stated in paragraph 3 and may take any action including administrative action with respect to the post's bingo license or bingo license applications; 7. MfVETS #1985 agrees that any evidence of a violation of this Agreement shall be prima facie evidence of the post's violation of the applicable federal laws related to charitable gambling, Ohio Revised Code Chapter 2915, or any related rule adopted under the Ohio Administrative Code, in any subsequent action or proceeding brought by the Attorney General; 8. This Settlement Agreement is binding upon the parties, any and all successors, assigns, subsidiaries, agents, employees, or representatives of the parties or any other affiliates. Any breach of this Settlement Agreement by Ai\fVETS #1985 will discharge the Attorney General from any obligations under the terms of this Settlement Agreement; 9. By signing this Settlement Agreement, the Attorney General is not waiving any rights he has to conduct further investigations of AMVETS #1985 and to take necessary action for additional violations of law; 10. The parties have read and understand this Settlement Agreement and have entered into the same knowingly, voluntarily, and with the opportunity to gain advice of counsel; 11. This Settlement Agreement is entered into by all parties and may be executed in counterparts or facsimiles, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. It shall be considered binding and effective upon the date of the last signature of all requisite parties and individuals. Page 2 of3 IN WITNESS WHEREOF, the parties to this Settlement Agreement have executed it and/or caused it to be executed by their duly authorized representatives: Approved by: / 11'l)J-O{J 7 John Stebelton, Commander Date For AMVETS #1985 3 -..2.2. -1:1 Samuel J. Kirk III Date Assistant Section Chief For the Ohio Attorney General's Office Page 30f3 01-16-2013 05:23pm From-OHIO ATTORNEY GENERAL 614-466-9788 T-260 P.002/004 F-638 Charitable Law Section Office 614-466-3181 fax 614-466-9788 150 East Gay Street, 23 rd F100r CoiwnbUl;, Ohio 43215 www.OhioAttomeyGener.ll.gov SF-TIl FMENT AGREEMENT THIS SE1'11.EMENT AGREEMENT is made: by and between AMVE'fS Post #1986,1319 North Fourth Avenue, Sidney, Ohio 45365, Shelby COWIty ("AMVETS #1986',) and the Ohio Attonley General ("Anomey General"). for the purpose of re!lolving the Attorney General's concerns with respect to AMVETS #1986's u:;e of charitable bingo proceeds. Togemer. the Attomey General and AMVETS #1986 arc referred to hereina.fter as "the parties." 1. WHEREAS, the Attorney General is responsible for the administration and enforcement of Ohio's Charitable Bingo T.aw (Ohio Revised Code Chapter 2915 and the Ohio Administrative tode Rules adopted thereunder), Ohio's Charitable TnlSt Law (Ohio Revised Code 109.23, tt J'tfj,), and Ohio's Charitable Solicitation Law (Ohio Reviscd Code Chapter 1716). The Attorney Genc.ra.l is also charged at common law to protect charirable [rust aSset:! from abuse and to eOllure That the proceeds from charitable solicitation are used for intended purposes; 2. WHEREAS, AMVETS #1986 i ~ licensed [0 conduct charitable instant bingo and was required putsuam [0 Ohio Revised Code 2915.101 to donate 25% of ner profit from rhe proceeds from the sale of instant bingo to a 501 (c) (3) public charity; 3. WHEREAS, AMVETS #1986 cOntracted -Mth AMVETS Career Cl'llter, Inc., a 501(c)(3) p\lblic charity, for the donarjon of the post's required 25% charirable instant bingo distribution. AMVETS Cueet Center, Inc. retained a :small portion (approximately 15%) of [he 25% charitable distribution amount and then transferred the remaining chantable pzoceecL; baa to the pOlit for dle operation of " caree-.r center located within the post. The: post thm held the charit-..ble proceeds under truS( and was required [0 use all of the plOceeds received from AMVF.TS Career Center, Inc. to provide career training for veterans of the U.S. Armed Forcts. However, not all of the charitable proceeds were used for the intended charitable purposes and post officeril did nOt comply with fiduciary responsibilities with respect to the expendirure of funds; NOW THEREFORE, in considenDon of the murual promi!les hetein expressc:d, and with intent to be kb'lllly bound, the parties agree as follows; 01-1S-2013 05:24pm From-OHIO ATTORNEY GENERAL 614-466-9788 T-2S0 P.003/004 F-638 4. AMVETS #1986 agtee$ to di:ll'ribucc all amounts requited to be distributed to a 501(c) (:3) charity from bingo pUIsuant to Chapter 2915 of the Revised Code to AMVETS Career Center, Inc., as it is currendy named. on a monthly basis until at least December 31, 2017. AMVETS Career Center, Inc., as it is clIrrc.ndy named. will hoW aU charitable proceeds and utilize those proceeds for career training and employmenr assistance for Veteranli of the U.S. Armed Services. A separate Ilgt'eemem will be executed with AMVETS Career Center, Inc.; 5. AMVETS #1986 agrees l'hat all as:lets in iUi possession teceivc.d from AMVETS Career Center, Inc. and cUttendy set aside or designated fol' the benefit of career ttaining or employment ass.lstmce for veterans, including proceeds held in any account designated for itS cateet center, :shall be iromediatdy turned over to AMVETS Cnter Center, Inc. 6. Tn retum for AMVETS #1986's execution of and compliAnce with this Sertlement Agreement, the Attorney Genetal will nor take civil or administrative enforcement action against the POSt with respect to the sl-ated in pa[agnpb 3 of thi9 Scttlumc.!nr Agreement. However, should AMVETS #1986 fail to comply with the terms of this Sertlement Agreement, the Attomcy Genetal may consider the &.Cts stated in paragraph 3 and may take Dny action inclyding action with respect to the POSt'$ bingo licemc or bingo liccDse applications; 7. AMVE'l'S #1986 agrees that any evidence of a violation of this Agreement shall be pnmllfo,'1t evidence of the post's violation of the applicable fede[al laws related to charitable gambling, Ohio Revised Code Chapter 2915, or any related rule adopted under the Ohio Admini:itr.l.1ive Code, in any lIubsequent action or proceeding brought by the Attorney General; S. .fhis Settlement Agreement is binding upon the parties, any and all iuccessoxs. assigns. slIbsidiat:i.es, agcntll, cmplo)'CC'lI, or rcprc::;eDrarivcs of the parries or any other affiliates. Any breach of this Serdement Agreement by AMVETS #t986 will discharge the Attomey Gene.tal. from any obligations under the terms of this Settlement Agreemem. 9. By signing dUs Sen:lement Agreement, the Atromey General is not waiving any right:; he has to cOllduct further investigations of AMVETS #1986 and to take necessary at.:tion for additional viola.tions of law; 10. The panies have s:ead and understand this Settlement Agreement and have entered into the Same knOwingly, voluntarily, and with tbe opportunity to gain advice of oounsd; 11. This Serdement Agreement is entm:cd into by all parties !lfld may be executed in countetparu Or fdciimiles, each of which shall be deemed an original, but all of which shall CODSUrute one and the :iame m:;ttument. It :;han be considered binding and effective upon the date of the last signature of an requisite parties and individuals. Page 200 01-16-2013 05:24pm From-OHIO ATTORNEY GENERAL 614-466-9788 T-260 P.004/004 F-638 IN WITNESS WHEREOF, the parties to this Settlement Agrcc:ml-nt have executed it and/or caused it to be t:xecuted by their duly iuthoti2ed represenraaves: Approved by: Date For AMVETS #1986 Samuel]. Kirk III Date Assistant Section Chief For the Ohio Attorney Genel:al's Office Page 3 of:; Chadblb1e Law Section Office 614-4(;6-3181 hx 614466-9788 150 Eaat G-J.y Street, 23>\1 Floor Cot\lmbus, Ohio 43215 www.OhioAttomcyGcnerJ..Lgov SEInEMENT AGREE1\1ENI THIS SEn'LEMENT AGREEMENT is wade by and between AMVETS Post #1991, 1795 Spruce Street, DefIance, Ohio 43512, Defiance County ("AMVE'I'S #1991', AAd the Ohio Attoxtley Genetal ("Attorney General'), for the purpose ofresolving the Attoxl,'ley C:OJJ.cerns with respect to A:r..1VETS #1991'5 usc of cMritable bingo proceeds, Together, the Attorney General and Al'vIVETS #1991 "re referred to hereinafter as "the patties." 1. \v'BEREAS, the Attorney General is responsible for the administration and enfo:tcc::r.oeut of Ohio's Charitable Bil'lgo Law (Ohio Re-,-ised Code Chapte! 2915 and the Ohio Administrative Code Rules adopted thereunder), Ohio's Charitable Trust Law (Ohio Revised Code 109.23, It Jeq,), and Ohio's Charitable Solicitation Law (Ohio Revised Code ChapK-r.1716). The Attorney Generalis also charged at common law to p:rotcct charitable ttw';t assets from abm:e :and to COSufc that the proceeds frow charitable solicitation arc used for intended purposes; 2, WHEREAS, AMVETS #1991 is licensed to conduct charitahle hlstant bingo and wa& required pUr$UMt to Ohio RCli1scd Code 2915.101 to donate 25% of net profit from the proceeds frOIn the of instant bingo to a 501 (;)(3) public charity; 3. WHEREu.'\S, A.1\fVETS #1991 contracted with AMVETS Carecr Center, Inc., a 501.(0:;)(3) public charity, fox the donation of the post's required 25% cha,titable instant bingo distribution, AMVETS Career Center, Inc. retained small portion (approximately 15% of the 25'% charitable distxibution amount and then ttan:$fen:ed the remaining ch."Ilitabk ptoceeds back to the post for the oper.ation of a career CeJ1ter locatc::d within the p05t, The post then held the cbaritablt: proceeds under t1.1lst and was required to usc all of the p.rocecds reeeived from AMVETS Career Center, Inc, to pxovide carcer training for veterans of the U.S. i\tIned Fotces. Ho'Wcvtt, not all of the charitable proceeds we.tc uscd for the intended charitable purposes and post officers did not comply with fiduciary responsibilities with :respect to the expenditurc of funds; NOW THEREFORE, in eonside.tation of the murual herein expressed, and with intent to be legally bound, the parties agree as follows: vOO/ZOOd lvZ-l 8816-99v-vl9 wdeg:zo elOZ-91-IO . 4- AMVETS #1991 agrees to distribute 1111 amounts required to be to a 501(c)(3) charity from bingo pursuant to Chapter 2915 of the Revised Code to AMVETS Career Ccnte:t. Inc., it is cw:rencly named, on a monthly basis until at least Dceember 31, 2017. AMVETS CHeer (,...enter, Inc., as it is currently named, will hold all chatitable proceeds and util.ize those proceeds for career training aDd employment assistance for vl;'!t;e:t:>ttls of the u.s. Armed Services. .t\ separate agreement'lN"iJl be executed ..vith ..AMVETS Carea: Center, Inc.; 5. Ar.,1VETS #1991 that all assets .in its received from Al\1VETS Career Center, Inc. and cmrently s(.-t aside or de.''1ignated for the bL"tiefit of CHeer training or employment assistance for veterans, im;.luding proceeds held in any account de!lignated for its career center, shall be immediately tutned over to AMVETS Career Center, Inc. 6. In return for .l\l\fVJrrS #1991's execution of ;It)d compliance with this Settlement Agreement, the Attorney General wjJJ not take civil or adtninisttacive enforcc:IJlC:llt action against the post with respect to the facts stated in paragraph 3 of this Settlement Agteement, Howevct, sboUld MvlVETS #1991 fail to comply ,...nth the tc.-r:MS of this Settlement Agreement, the Attoxney General may consider the. facts stated .in paragt:1-ph 3 and may take lltly action induding administrative with respect to the post's bingo license or bingo license appIicatiOIl!l; 7. AMVETS #1991 3grees that lltly evidence of:l. viola.tion of this Agr.eement shall be P';!!I(,J foLitl <;vicir.."fice of the post's violation of the applicable federal lawii related to charitable gambling, Ohio Revised Code ChApter 2915, or any .tclated rule adopted u11de1: the Ohio Adn:rinisttative Code, in any subsequent action or proccocding brought by the Attoxney General; g, This Settlemet'lt Agreement is binding ltpon the partie.s, any and all assigns, subsidiaries, agents, employees, or rcp.tcscotatI"es of the parties or any other affiliates. Auy breach of this Settlement Agreement by AbfVETS #1991 will discharge the Attorney Gene.tal from any obligations unclet the terms of this Settlement Agreement; 9, By signing tltis Settlement Agreement, the Attorney Gcne!al is not wa.iving any rights he has to conduct furthe.t of AMVETS #1991 and to take necessary action. fOt a.dditional violations of law: 10. 'Ib.c parties have Ielld and 'lmderstand this Settlement Agreement and have enteted into the same knowin.gly, vohmtarily, and .vith the oppo.rn:umy to gain advice of counsel; 11. This Settlement Agreement is entered into by all parties and may be executed in count:crpll.ttll or facsimiles, ea<:h of which shall he deemed ID1 original but all of which shall constitute one and the same instrument. It shall be considered binding and effective upon the date of the last sigPature. of all tcguisite puries and individuals. Page 2 of3 voO/eOO'd lvZ-l 8816-99v-vl9
WdvS=ZO IOZ-91-10 IN WTfNESS \WHEREOF, tbe parties to this Settlement Agreement have executed it and/01 caused it to be executed by their duly authori.zcd tepresenta.tives: /- /7- 2&13 Date For A:MVETS #1991 3 -;z. 2. -/J Samuel J. Kkk III Date Assistant Section Chief Fox the Ohio Attotney Gl::tler-,u's Office Page 30f3 VOO/vOOd LV2-1 9916-99v-1'19 wdv9:Z0 [OZ-91-10 04:47pm ATTORNEy GENERAL 614-496-9788 T-25B P.ODZ/004 F-SSS MIKE DEWINE I_a""""" 'It" OHIO ATTORNE'r CENERAL 11' === RETIl.EMe.;;T AGREEMENT Charitable Law Scccion Office 6144663181 Fa" 61446G9788 150 East Gay Srrec[, 23'" Floor Cohunbus, Ohio 43215 WII.'W, OhiOl\rrornIry"Getlt!a1,gov THIS SETILEMENT AGF..E:R\fEJ:..'T it. made by and bet'I:Ueen AM'VETS Post #1994,417 West Espy Street, Kenton, Ohio 43326, Hudin County ("AMVETS #1994") and dIe Ohio Atrotney Genetal ("Attorney Genetul"), for the purpose ofrc.elving the: Attorney General's concerns wirh respect co A?vlVETS #1994'5 use ofcharitilblc bingo proceeds, Together, me Attorney Geoetal and A.MVETS #1994 ut' refened to hereIDairer as "the patties:' 1. WHEREAS, the Attorney Generll1 is responsible fo, the administration and enforcement of Ohio's Charita.b!e Bingo La.w (Ohio RevlS!:d Code Chaptet 2915 and the Ohio Adtf.l1tliitraUve Code RWes 2.dopted thereuttdet), Ohio's Chanrable Law (Ohio Revised Code 10923, If ,seq,), and Ohio's Charitable Solicitation Law (Ohio Revised Code Chapter 1il6), The Attorney General is also chugt:d at cotnmOll law to protect chati=able trust assets from abuse Ilnd to ensure that the from chamable :u:e used fox intended purposes; 2. \XlHERE.-\S, AMVETS #1994 is hccnsed to conduct charitable instant bingo \Ws requited Pt.ltsuant to Ohie Revised Code 2915.101 to 25% of net profit from the ptoceeds from the sale of instant bingo to a 501(c)(3) pOOte chlU'iry; 3. WHEltE...\S, A!vfVETS #1994 contractec 'with AM\i'ETS Catec:t Center, Inc" a 501 (c) (3) public CbULty. fol' the donation of post's tequi.ted 25% charitable in$t'a.nt bingo dtsf.riburion. M...fVETS Cate-ex Center, Inc. retained a small portion (approximately 15%) of the 25':;>0 charitable distribution amount and then transferred the n:maioing c;hlUitable proceeds back to the post tOI the operation Df a carcCI u:ntc.- located within the post. The POSt then held the clw:itablc ploceeds under trust a.nd wl\$ .req\titeci to use an of the proceeds receivl'A (rom AMVETS CUCCi Center, Inc. to proYlde career WLinhlg for vereram. of the U.S. Armed Forces. However. nOt ill of the duu:itable proceeds were us/!d for the intended charitable purposes ll1ld post officers did not comply with fiduciary responsibilities with respect to the expendinuc of funds; NOW THEREFORE, in of the mun;al promise,; herein expressed, :l.tld \1\>1th intent to be legally bouna, the agree as fOJJOW6, 31-IS-ZO:S 04:48pm From-OH!O ATTORNEY 614-4aS-9T8S T-Z58 P 003/004 F-636 4. AMVETS #1994 agree$ to diH.r:ibmc all a:noums required to be distributed to a 501 (c)(3) chl1tity fro::n bingo pursuant to Chapter 2915 of the Revised Code to AMVETS Caxeer Center, Inc., as it is currenclv nam<:d, on a momhlv basis until. at least December 31, 2017. Career Center, as it is CUIrentl.y n'lu:ded, VIlli hold iilU chantl\bJc: proceeds and utilize those: proceeds for O'aining and employment assistance for vetaJ:am of the U.S. Atml!d Serviccs. A separate agreement will be executed vlith A.MVETS Career Center. Inc.; S. AMVETS #1994 agrees that all ,"S;;ttS in it$ possession received from A... 'MVETS Cueer Center, Inc. and ct1!rcntiy set aside or designated fo! the of career training or employment assistlince:: for \"crerans, including pIoc;;.eeds held in any account for itS cateet center, shall bl;: immediately wrned over to AM'VETS Career Cc:.nter, Inc. 6. !n return fo ...A!I.!VETS #1994's ot and compliance with this Settlement Agrt:emt:nt. the 1\!tomey General will um C'Ake civil or admlnis::xative enforcement action !lg\UltSt the post with to the fact:; grated i.n paragraph 3 of thl;; Settlement Ag.eemem. However, should AMVETS #1994 fai\ CO comply with the te.tms of this Settlement Agree:mellt, IDe Anomey Get'lctal may cOllsideJ; the facts stlted in pat:agraph 3 and may cake any action induding adminimative action with respect to the post's bingo Cce.nse or bingo License applications; 7" Al'.fVETS #1994 agr('..(;s that an, evidence of a violation of rhis Agreemeoc shall be prima /acif evidence of the pon's viohtion of the appliob!e federal laws rdated ro cha.citable gambling, Ohio R.evised Code Cbaprc::I 2915, or any rdated ru.Je adopted under the OhJ.o Acl.m.Wstracivt: Code, in any subsequenr acton or p.coceedlllg brought by the AttOJ:ncy General; S. This Settlement Agreement is binding upon the patties, any and all successors, assigns. 8ubsidiaries, agents, employees, 0. representat:l.\"cs of the parries or any other affiliate;: Any breach of this Senlement Agreement by AMVETS #1994 will disch.uge the AttOttley General from any obligations tinder the terms of this Settlement J\gtee1llenr, 9. By signing this SerJ.cmcnt i\greemenr, the Attorney General is not waivmg any tights he has to condu.ct fl.l.l:thet uwescigaticns of AlYfVETS #1994 and to take r..ecessaty action fot aodicional 'I.-'iolarions of law; 10. The patties havt read and Ilndc(stand tillS Settlement Agreement and have entered into the knowingly, vol\,\nta;:i).y. :11'ld with the opporn::wity to gain am-ice of eout)sel: 1!. This Settlement Agreement is entered lnto by ill puries and ::nay be executed in counterparts Or fAcsimile:;, each of which shall be dee.--r-..ed an original. but all of which sbll constitute:: one and the sam:! ltlsttutnent. It shall be consldered binding and effective upon I:he date of tht: hst signature of rc:qu1;ittl parties and individuals. JHH013 04:48pm From-OHIO GENERAL T-2SS P.004/004 F-636 IN \Xt1TNESS WHEREOF, the partW;; to this Serdement Agreem('flt have executed it and/oI caused it to be:: execl,Ited by their duly Apptovcd by: (fO><VH(, Dcmald Hensley, Commander for i\MVETS #1994 Samucl J. Kirk III Date Auist:ult Section Chief For the Ohio Attomey General's Ofice MIKE DEWINE * OHIO ATTORNEY GENERAL * = SETTLEMENT AGREEtvfENT Charitable Law Section Office 614-466-3181 Fax 614-466-9788 150 East Gay Street, 23,d Hoor Columbus, Ohio 43215 www.OhioAttorneyGeneral.gov mIS SETrLEI\1ENT AGREEMENT is made by and between AM\lETS Post #2000, 5057 Chatterton Road, Coltunbus, Ohio 43232, Franklin County ("AMVETS #2000") and the Ohio Attorney General ("Attorney General"), for the purpose of resolvrng the _\ttorney General's concerns ,\,jth respect to AMVETS #2000'5 use of charitable bingo proceeds. Together, the Attorney General and MWETS #2000 are referred to hereinafter as "the parties." 1. \'VHEREAS, the Attorney General is responsible for the administration and enforcement of Ohio's Charitable Bingo Law (Ohio Revised Code Chapter 2915 and the Ohio Administrative Code Rules adopted theretUlder), Ohio's Charitable Trust Law (Ohio Revised Code 109.23, et seq,), and Ohio's Charitable Solicitation Law (Ohio ReVised Code Chapter 1716). The Attorney General is also charged at common law to protect charitable trust assets from abuse and to ensure that the proceeds from charitable solicitation are used for intended purposes; 2. MIERF"AS, AMVETS #2000 is licensed to conduct charitable instant bingo and was required pursuant to Ohio Revised Code 2915.101 to donate 25% of net profit from the proceeds from the sale of instant bingo to a 501(c)(3) public charity; 3. WHEREAS, A1vfVETS #2000 contracted with M1VF:rS Career Center, Inc., a 501(c)(3) public charity, for the donation of the post's required 25% charitable instant bingo distribution. AMVETS Career Center, Inc. retained a small portion (approximately 15%) of the 25% charitable distribution amount and then transferred the remaining charitable proceeds back to the post for the operation of a career center located within the post. The post then held the charitable proceeds under trust and was required to use all of the proceeds received from AMVETS Career Center, Inc. to provide career training for veterans of the U.S. Armed Forces. However, not all of the charitable proceeds were used for the intended charitable purposes and post officers did not comply with fiduciary responsibilities with respect to the expenditure of funds; NOW mEREFORE, in consideration of the mutual promises herein expressed, and with intent to be legally bound, the parties agree as follows: 4. AMVETS #2000 agrees to distribute all amounts required to be distributed to a 501(c)(3) charity from bingo pursuant to Chapter 2915 of the Revised Code to Mf\i'ETS Career Center, Inc., as it is currently named, on a montllly basis until at least December 31, 2017. AMVETS Career Center, Inc., as it is currently named, will hold all charitable proceeds and utilize those proceeds for career training and employment assistance for veterans of tile U.S. Armed Services. A separate agreement will be executed with AMVETS Career Center, Inc.; 5. A ~ f V E T S #2000 agrees that all assets in its possession received from fu"\fVETS Career Center, Inc. and currently set aside or designated for the benefit of career training or employment assistance for veterans, including proceeds held in any account designated for its career center, shall be immediately turned over to AMVETS Career Center, Inc. 6. In return for AMVETS #2000'5 execution of and compliance with this Settlement Agreement, the Attorney General will not take civil or administrative enforcement action against tile post with respect to the facts stated in paragraph 3 of this Settlement Agreement However, should "I\crv1VETS #2000 fail to comply with the terms of this Settlement Agreement, the Attorney General may consider the facts stated in paragraph 3 and may take any action including administrative action with respect to the post's bingo license or bingo license applications; 7. MfVETS #2000 agrees that any evidence of a violation of this Agreement shall be pnma facie evidence of the post's violation of the applicable federal laws related to charitable gambling, Ohio Revised Code Chapter 2915, or any related rule adopted under the Ohio Administrative Code, in any subsequent action or proceeding brought by the Attorney General; 8. 1bis Settlement Agreement is binding upon the parties, any and all successors, assigns, subsidiaries, agents, employees, or representatives of the parties or any other affiliates. Any breach of this Settlement Agreement by A.l\1VETS #2000 will discharge the Attorney General from any obligations under the terms of this Settlement Agreement; 9. By signing this Settlement Agreement, the Attorney General is not waiving any rights he has to conduct furilier investigations of AMVcTS #2000 and to take necessary action for additional violations of law; 10. The parties have read and understand this Settlement Agreement and have entered into the same knowingly, voluntarily, and with the opportunity to gain advice of counsel; 1 L 1bis Settlement Agreement is entered into by all parties and may be executed in counterparts or facsinllies, each of \\-'hich shall be deemed an original, but all of which shall constitute one and the same instmment. It shall be considered binding and effective upon the date of the last signature of all requisite parties and individuals. Page 20f3 IN W1TNESS \'\,HEREOF, the parties to this Settlement Agreement have executed it and/or caused it to be executed by their duly authorized representatives: Approved by: /- /7- 1.:3 Bamie Traylor, Commander Date For AMVETS #2000 Samuel J, Kirk III Date Assistant Section Chief For the OhIO "\ttorney General's Office Page 30f3 Olaritable Law Section Office 614-466-3181 Fax 614-466-9788 9 Mum DEWINE OHIO ATTORNEY GENERAL. 150 East Gay Street, 23 rd Floor Columbus, Ohio 43215
SETILEMENT AGREEMENT THIS SETILEMENT AGREEMENT is made by and between AMVETS Post # 2003,2250 Patterson Road, Kettering, Ohio 45420, Montgomery County ("AMVETS # 2003") and the Ohio Attorney General ("Attorney Generaf'), for the purpose of resolving the Attorney General's concerns with respect to AMVETS # 2003's use ofcharitable bingo proceeds. Together, the Attorney General and AMVETS # 2003 are referred to hereinafter as "the parties." 1. WHEREAS, the Attorney General is responsible for the administration and enforcement of Ohio's Charitable Bingo Law (Ohio Revised Code Chapter 2915 and the Ohio Administrative Code Rules adopted thereunder), Ohio's Charitahle Trust Law (Ohio Revised Code 109.23, et seq,), and Ohio's Charitable Solicitation Law (Ohio Revised Code Chapter 1716). The Attorney General is also charged at common law to protect charitable trust assets from abuse and to ensure that the proceeds from charitable solicitation are used for intended purposes; 2. WHEREAs, AMVETS # 2003 is licensed to conduct charitable instant bingo and was required pursuant to Ohio Revised Code 2915.101 to donate 25% of net profIt from the proceeds from the sale of instant bingo to a 501 (cX3) public charity, 3. WHEREAS, AMVETS #2003 contracted with AMVETS Career Center, Inc., a 501(cX3) public charity, for the donation of the post's required 25% charitable instant bingo distribution. AMVETS Career Center, Inc. retained a small portion (approximately 15%) of the 25% charitable distribution amount and then transferred the remaining charitable proceeds back to the post for the operation of a career center located within the post. The post then held the charitable proceeds under trust and was required to use all of the proceeds received from AMVETS Career Center, Inc. to provide career training for veterans of the u.s. Armed Forces. However, not all of the charitable proceeds were used for the intended charitable purposes and post officers did not comply with fIduciary responsibilities with respect to the expenditure of funds; NOW THEREFORE, in consideration ofthe mutual promises herein expressed, and with intent to be legally bound, the parties agree as follows: 4. AMVETS # 2003 agrees to distribute all amounts required to be distributed to a 501(cX3) charity from bingo pursuant to Chapter 2915 of the Revised Code to AMVETS Career Center, Inc., as it is currently named, on a monthly basis tmtil at least December 31, 2017. AMVETS Career Center, Inc., as it is currently named, will hold all charitable proceeds and utilize those proceeds for career training and employment assistance for veterans of the U.S. Armed Services. A separate agreement will be executed with AMVETS Career Center, Inc.; 5. AMVETS # 2003 agrees that all assets in its possession received from AMVETS Career Center, Inc. and currently set aside or designated for the benefit of career training or employment assistance for veterans, including proceeds held in anyaccotmt designated for its career center, shall be immediately turned over to AMVETS Career Center, Inc. 6. In return for AMVETS # 2003's execution of and compliance with this Settlement Agreement, the Attorney General will not take civil or administrative enforcement action against the post with respect to the facts stated in parngraph 3 of this Settlement Agreement. However, should AMVETS # 2003 fail to comply with the terms of this Settlement Agreement, the Attorney General may consider the facts stated in paragraph 3 and may take any action including administrative action with respect to the post's bingo license or bingo license applications; 7. AMVETS # 2003 agrees that any evidence of a violation of this Agreement shall be prima fade evidence of the post's violation of the applicable federal laws related to charitable gambling, Ohio Revised Code Chapter 2915, or any related rule adopted tmder the Ohio Administrative Code, in any subsequent action or proceeding brought by the Attorney General; 8. This Settlement Agreement is binding upon the parties, any and all successors, assigns, subsidiaries, agents, employees, or representatives of the parties or any other affiliates. Any breach of this Settlement Agreement by AMVETS # 2003 will discharge the Attorney General from any obligations tmder the terms of this Settlement Agreement; 9. By signing this Settlement Agreement, the Attorney General is not waiving any rights he has to conduct further investigations of AMVETS # 2003 and to take necessary action for additional violations of laW; 10. The parties have read and tmderstand this Settlement Agreement and have entered into the same knowingly, voltmtarily, and with the opportunity to gain advice of cotmse1; 11. This Settlement Agreement is entered into by all parties and may be executed in COtmterparts or facsimiles, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. It shall be considered binding and effective upon the date of the last signature of all requisite parties and individuals. Page2of3