Former NYLAG Attorney-in-Charge Settles in Fund Diversion Investigation
Yisroel Schulman, who departed the legal services provider in 2015, diverted millions from NYLAG in what AG Schneiderman's office said was a breach of fiduciary duty.
November 29, 2017 at 06:00 PM
4 minute read
New York State Attorney General Eric Schneiderman.
New York Attorney General Eric Schneiderman announced a settlement with Yisroel Schulman, former attorney-in-charge at the New York Legal Assistance Group, on Wednesday, following an investigation that revealed the former public defender breached his fiduciary duties to NYLAG and other charities.
Schulman stepped down from NYLAG in 2015 after the launch of a federal investigation into “accounting irregularities” at the nonprofit legal services provider.
While federal charges have so far not materialized against Schulman, state prosecutors say a long-term investigation by the AG's charities bureau led to a complaint, filed in New York County Supreme Court on Wednesday, in tandem with Schulman's settlement deal.
According to the AG's office, Schulman began from at least 1998 diverting at least $2.3 million from the legal aid organization into other charity accounts that required the donor to relinquish control of the funds deposited. While some $1.7 million in funds were ultimately returned to NYLAG, some of the funds were used by Schulman personally, while also serving the purpose, according to the complaint, of “enhanc[ing] his reputation and standing in the community.”
According to the AG's Office, hundreds of thousands of dollars in NYLAG funds were transferred out to other charities. As the controlling person of one of those charities, Schulman wrote a total of nearly $430,000 in checks to himself to repay loans and supposed consulting work he did for the outside charity. The total amount paid for consulting work exceeded his supposed fees by $100,000.
NYLAG monies were funneled into dozens of donor-advised funds and similar quasi-investment accounts with FJC: A Foundation for Philanthropic Funds, which helped Schulman avoid regulatory oversight—and collected interest. This resulted in NYLAG's accounts appearing more depleted than they actually were. The AG's Office said this was intentional, as it helped Schulman in his fundraising efforts.
Schneiderman's office said Schulman breached his duties as an officer by placing funds outside of the financial purview of regulators, and into accounts that prosecutors said jeopardized the safety of those funds. At the point NYLAG learned of his diversions, some $800,000 in funds remained unreturned to the organization.
“Officers have a responsibility to the charities they serve and the donors who entrust them with their contributions,” Schneiderman said. “Today we're making clear that there are consequences when charities are used as personal slush funds.”
As part of his settlement, Schulman admitted to his breach of fiduciary duty, and that he used funds for his own benefit. He agreed to a five-year ban from work in nonprofits, and a $150,000 fine.
Additionally, both NYLAG and FJC entered into letters of agreement with the AG's Office. The groups agreed to enhance their policies and procedures designed to protect their charitable assets.
In a statement, FJC spokesman Timothy Gilles said the organization applauded the AG's actions.
“We were pleased to assist in the investigation and look forward to continuing to work closely with the attorney general and his Charities Bureau to ensure the integrity of the nonprofit sector and the protection of charitable assets in the state of New York,” Gilles said.
In a separate statement, NYLAG director of communications Camilla Jenkins noted that, three years ago when the issue was raised, the organization implemented new procedures to safeguard assets, which will remain in place.
“NYLAG will continue to expand the scope of the legal services we provide to tens of thousands of New Yorkers who rely on NYLAG's dedicated staff and volunteers to protect their interests,” Jenkins said.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllThe American Disabilities Act, Sovereign Immunity and Individual Liability
7 minute read'The Court Will Take Action': Judge Upbraids Combative Rudy Giuliani During Outburst at Hearing
Trending Stories
- 1Judge Denies Sean Combs Third Bail Bid, Citing Community Safety
- 2Republican FTC Commissioner: 'The Time for Rulemaking by the Biden-Harris FTC Is Over'
- 3NY Appellate Panel Cites Student's Disciplinary History While Sending Negligence Claim Against School District to Trial
- 4A Meta DIG and Its Nvidia Implications
- 5Deception or Coercion? California Supreme Court Grants Review in Jailhouse Confession Case
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250