SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ' THE PEOPLE OF THE STATE OF NEW YORK

, Plaintiffs, -against-

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KELLI CONLIN,
Defendant.
TO THE ABOVE NAMED DEFENDANT: YOU ARE HEREB)'

SUMMONS

SUMMONED to answer the complaint in this action and to serve

a copy of your answer, or, if the complaint is not served with the summons, to serve a notice of appearance, on the Plaintiffs' attorney within 20 days after the service of this summons, exclusive of the day of service (or within 30 days after the service is complete if this summons is not personally delivered to you within the State of New York); and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. The basis of venue is Section 503(a) of the Civil Practice Laws and Rules because the Attorney General maintains offices at 120 Broadway, New York, New York 10271.

New York, New York June 28,2012

Of Counsel: ,JASONR. LILlEN,Bureau Chief, Charities Bureau YAELFUCHS, Assistant Attorney General

Enforcement Section Chief and Senior Counsel, Charities Bureau 120 Broadway, 3rd Floor New York, NY 10271 Tel. (212) 416-'8390 NY Bar No. 1764562

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK

THE PEOPLE OF THE STATE OF NEW YORK.,
Plaintiffs,

'Index No.

4 S" /Ot":l-/

;;;"'Cl :;L

-againstKELLI CONLIN,
Defendant

VERIFIED COMPLAINT

The People of the State of New York, by the Attorney General of the State of New York (the "Attorney General"), for their complaint allege the following:

NATURE OF THE CASE
1. This is a classic case of self-dealing, breach of fiduciary duty and

misappropriation of charitable assets by an officer of a not-for-profit corporation. For years, Defendant Kelli Conlin ("Conlin") systematically abused her position as President ofNARAL Pro-Choice New York ("NARAL-NY") and its charitable affiliate, the National Institute for Reproductive Health (the "NARAL Foundation," and with NARAL-NY, "NARAL"), to obtain hundreds of thousands of dollars in improper personal benefits. Using charitable funds to pay for her personal shopping sprees at Bergdorf Goodman and Bameys New York, rental of a Hamptons vacation home, dining at New York's finest restaurants, and scores of other personal expenses, Conlin betrayed the trust of both donors and the public at large, and threatened the very charitable mission she was charged under New York law to protect. 2. In addition to her luxury shopping and dining, Conlin engineered for the

NARAL Foundation to pay for her personal vacations and travel, stays in luxury

Manhattan hotels, and for her daily living expenses, including hundreds of take-out dinners for her family, car services to take her to and from the office and to shuttle her children from their home in Park Slope Brooklyn to private school on Manhattan's Upper West Side, and even the salary of her children's nanny. 3. Conlin perpetuated her scheme by falsifying her expense reports to

conceal the personal nature of the expenses, maintaining tight control over the outside consultants who were charged with bookkeeping duties, and intimidating any NARAL staff member who raised questions regarding her expense habits.

4.

After her abuses were exposed, Conlin resigned from all of her NARAL

positions and subsequently pled guilty to falsifying records relating to her improper expenditures. However, she has not remedied her violations of New York's not-for-profit laws. The Attorney General brings this action to hold Conlin fully accountable for her misconduct. 5. In bringing this action, the Attorney General seeks ajudgment:

(a) directing Conlin to account for all funds obtained by her as a result of her wrongdoing; (b) directing Conlin to be held liable for any losses to the NARAL Foundation which are a result of her waste and misappropriation; (c) permanently enjoining Conlin from serving' as an officer, director, or trustee of a charitable organization incorporated or registered in New York; (d) awarding the Attorney General costs and disbursements; and (e) granting such other and further relief as the Court deems just.

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PARTIES
6. The Attorney General is responsible for overseeing the activities of New

York not-for-profit corporations and the conduct of their officers and directors, in accordance with New York's Not-for-Profit Corporation Law ("N-PCL"), the Estates, Powers & Trusts Law ("EPTL"), the Executive Law ("Exec. L.'?, and his common law

parens patriae authority .
. 7. Defendant Kelli Conlin was the President ofNARAL-NY and the

NARAL Foundation from 1992 to January 2011. During her tenure as President, NARAL's offices were located at 427 Broadway, and then at 470 Park Avenue South, both in New York, New York. At the time the acts described herein were committed, Conlin resided at 364 7th Street, Brooklyn, New York. Upon information and belief, Conlin currently resides in Chelsea, Michigan.

OTHER RELEVANT ENTITIES
8. NARAL-NY is a New York not-for-profit corporation formed in 1976. It

is registered with the New York State Attorney General's Charities Bureau and is exempt from federal income taxation under section 501 (c)(4) of the Internal Revenue Code. NARAL-NY is the New York State affiliate ofNARAL Pro-Choice America, a District of Columbia corporation. NARAL-NY was formerly known as New York State NARAL, Inc. NARAL-NY's certificate of incorporation states that its purpose is: to promote social welfare by preserving and defending the right of all women, regardless of economic status, to safe, legal abortion, and to that end to coordinate social, educational and political action of individuals and groups. 9. The NARAL Foundation is a New York not-for-profit corporation,

incorporated in 1980 as the New York State NARAL Foundation, Inc. It later changed

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its name to the Institute for Reproductive Health Access, Inc., and then to the National Institute for Reproductive Health, Inc. The NARAL Foundation is registered with the New York State Attorney General's Charities Bureau and is exempt from federal income taxation under section 501 (c)(3) of the Internal Revenue Code. The NARAL Foundation's certificate of incorporation states that its charitable purposes are:
to research, analyze and educate the public regarding the

legal, psychological, sociological and political aspects of abortion and women's rights not to bear children against their will; and to support the educational and charitable activities of New York State NARAL, Inc. 10. projects and

NARAL-NY and the NARAL Foundation are listed as "related

organizations" in IRS 990 filings submitted to the Attorney General's Charities Bureau. The two organizations maintain offices at 470 Park Avenue South, New York, New York, and share staff. JURISDICTION 11. AND VENUE

The Attorney General brings this action on behalf of the People of the

State of New York under Nd'Cl, §§ 112,717, and 720, EPTL § 8.1-4, and under his

parens patriae authority.
12. Under N-PCL §§ 720(a) and (b), the Attorney General may bring an

action to require directors and officers of a not-for-profit corporation to account for the mismanagement of corporate assets, for transfers, loss or waste of corporate assets in violation of their fiduciary duties, and to recover all resulting damages from such unlawful conduct.

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13.

Under N-PCL § 112(a)(7), the Attorney General is authorized to bring an

action to enforce any right given under the N-PCL to an officer or director of a not-forprofit corporation. 14. Under EPTL § S.l-4(m), the Attorney General may institute appropriate

proceedings to secure the proper administration of a not-for-profit corporation. 15. The Attorney General also bas common law parens patriae authority to

protect the public's interest in charitable property. . 16. Because Conlin committed tortious acts within the State of New York, this

Court bas personal jurisdiction over Conlin pursuant to New York Civil Practice Law and Rules § 302(a)(2). ·17. Because the Attorney General maintains offices in New York County, and

defendant Conlin's actions originated there, venue is proper in New York County, as provided in New York Civil Practice Law and Rules § 503(a). STATEMENT IS. OF FACTS

NARAL-NY and the NARAL Foundation are affiliated organizations

active in the reproductive rights field in New York State and nationally. 19. Kelli Conlin became President ofNARAL-NY in 1992, at a time when the

organization was a relatively small grassroots membership organization. That year, Conlin also became President of the NARAL Foundation. 20. Conlin served as President of both NARAL-NY and the NARAL

Foundation for 19 years. 21. The NARAL Foundation paid the bulk of Conlin's annual compensation

from NARAL, and she was paid handsomely. Conlin's total compensation rose steadily,

5

reaching nearly $380,000 in 2010, according to NARAL's IRS Form 990's filed with the Attorney General's Office. 22. Notwithstanding her sizable compensation throughout this period, Conlin

took advantage of her position as NARAL's senior officer to improperly obtain hundreds of thousands of dollars in unauthorized personal benefits. 23.
As detailed herein, Conlin engineered for the NARAL Foundation to pay

for her personal expenses through a variety of means: the use of corporate credit cards; direct payment by the NARAL Foundation for her expenses; and the submission of reimbursement forms in which Conlin falsely claimed her expenses to be business-related when in fact they were purely personal. Conlin was able to conceal her scheme for years by exercising increasing control over NARAL' s outside bookkeepers and through sheer intimidation ofNARAL staff. 24. Through her misrepresentations and intimidation tactics, Conlin also

undermined the internal controls necessary for NARAL to function properly. 25.
In December 2010, after receiving reports of Conlin's unauthorized

expenses, the NARAL Board of Directors engaged forensic auditors to examine numerous suspect charges. In January 2011, Conlin stepped down as President of NARAL·NY and the NARAL Foundation. 26. Conlin's conduct triggered an investigation by the Manhattan District

Attorney's office. As a result of that investigation, on June 22, 2011, Conlin pled guilty to one felony count of Falsifying Business Records in the First Degree, a class E felony under New York law. A press release issued by the District Attorney's office reported: The investigation '" revealed the beginning in 2007 until 201 0, while working for NARAL and NIRH [the NARAL Foundation],

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Conlin submitted credit card .expenditure sheets and reimbmsement check requests that contained false descriptions of her expenditures, seeking reimbmsement for personal expenditures by claiming they were related to the business of the organizations . .... To conceal her conduct, Conlin told her staff that certain expenditures were authorized by the Board. In fact, many of the expenditures were not Board authorized, although because of the nature and duration of Conlin's conduct, an exact amount of loss to the non-profits is impossible to quantify. 27. As part of her plea agreement with the District Attorney's office, Conlin

was ordered to pay $75,000 to NARAL-NY and the NARAL Foundation. 28.

In March 2011, the Attorney General appointed a Special Assistant

Attorney General to conduct an investigation into the nature and extent of Conlin's misuse ofNARAL's charitable assets and, upon conclusion thereof, report and make recommendations to the . Attorney General's Office. Upon its review of the Special . Assistant Attorney General's recommendations, the underlying investigative record, and its own investigation, the Attorney General's Office has determined that the amount of personal benefit that Conlin wrongfully received through her improper scheme totaled hundreds of thousands of dollars. 29. In causing the NARAL Foundation to assume the costs of her personal

expenses, none of which had any legitimate corporate or charitable purpose, Conlin knowingly misappropriated and wasted charitable funds and breached her fiduciary duties to the organization she was entrusted to lead. 30. Conlin's conduct also violated NARAL's policies on the use of corporate

credit cards and reimbursement, which limited reimbursement solely to "reasonable,
,

authorized and verified expenses incurred for proper business reasons ... and not [as] part of normal living costs."

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31.

Under NARAL's procedures, the organization paid for business-related

expenses in one of three ways. First, certain employees, including Conlin, were provided a NARAL corporate American Express Card. Employees were to submit a monthly "Credit Card Expenditure Sheet," listing the nature and purpose of each charge and attaching receipts. Second, employees could use personal funds for business-related expenses and the seek reimbursement through a "Check Request" form, attaching all receipts for the claimed expense. Third, for certain expenses, such as car service, the organization paid the vendor directly, with the understanding that the service could only be used for business-related travel. 32. Conlin routinely violated these procedures by submitting falsified Credit

Card Expenditure Sheets and Check Request forms in which she claimed personal expenses as being business-related. 33. In breach of her fiduciary duties, Conlin caused the NARAL Foundation

to pay hundreds of thousands of dollars for her personal expenses. These expenses were not properly authorized or approved, were not for corporate P1l9'0ses, and constituted waste of charitable assets.

Retail Purchases at Barneys, Bergdorf Goodman, Giorgio Armani and Others
34. Conlin caused the NARAL Foundation to pay at least $75,000 for various

retail purchases that had no legitimate business purpose, including nearly $50,000 for designer clothing and shoes purchased at luxury stores such as Bameys, Bergdorf Goodman, Giorgio Armani, and Bloomingdale's. 35. In an attempt to disguise their personal nature, Conlin falsely described

these purchases as business-related on the expense forms she submitted to NARAL.

.

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36.

For example, in April 2008, Conlin went on a shopping excursion to

Bameys in hopes of finding. an "amazing" outfit for Champions of Choice, a NARAL fundraising benefit. At no time did Conlin ask for or receive Board approval to spend NARAL money on clothing, nor did she disclose that she intended to do so. Conlin
,

charged $4,104.94 at Barneys in one day to the NARAL Foundation's American Express card. However, to conceal her actual clothing purchase, on the expense form Conlin submitted to NARAL, Conlin described the Barneys charge as "table decorations for Champions of Choice." 37. Two weeks later, Conlin returned to Barneys, this time

making purchases

totaling $8,485.98. Again, Conlin falsely reported these charges on her NARAL expense forms, this time describing them as "Champions event decor." 38.' Six months later, in Octo~.er 2008, Conlin made another trip to Barneys,

this time charging $7,854.22 on the NARAL Foundation's American Express card. Again, Conlin falsely reported this charge on her NARAL expense form, this time as "Event decor." 39. This pattern repeated itself several times over the next two years. In April

2009, Conlin charged $8,111.65 at Bergdorf Goodman to the NARAL Foundation's Visa card. In December 2009, Conlin charged $1,723.56 at Bloomingdale's in Washington, DC to the same card. 40. In late January 2010, in advance of an upcoming event, Conlin again used

the NARAL Foundation's American Express card to buy new clothes. American Express records show that Conlin went to a Giorgio Annani boutique on the day before and the day of the event, charging a total of $7,848.55 to the NARAL Foundation. A month

9

later, Conlin appears to have returned some of her purchases, so that the total ultimately paid by the NARAL Foundation for her two Annani shopping trips was $5,598.40. Again, Conlin used the same deceptive practice to try to disguise the personal nature of her purchases, describing them on her expense form as "Event decor for January meeting." 41. At times, Conlin enlisted her subordinates to arrange for and accompany

her on her shopping trips. In one email exchange, on April 9, 2010, Conlin asks of her staffers "Do you think it is possible to call Bergdorfs and ask if they could give us a shopping helper?" A few days later, Conlin went to Bergdorfs and charged a total of $10,153.93 on the NARAL Foundation's Visa. A week later, Conlin went to Barneys and charged $2,961.40 <?nthe same card. In trying to substantiate these charges, Conlin wrote "event" next to each of them on the credit card statement. 42. Conlin also used the NARAL Foundation funds to pay for miscellaneous

other personal charges such as personal If-Haul rental fees and gas while she was on vacation. For example, on October 20, 2006, Conlin charged $999.84 on the NARAL American Express card to D-Heul. Her calendar for that contains an entry that says "Take furniture out." An entry for the following day says "Take furniture to Michigan," where her family maintained a home. Upon information and belief, there was no legitimate business purpose for this charge. Conlin also charged at least $250 worth of gas on the NARAL American Express Card while vacationing in the Hamptons during the summer of 2010, again tapping into the organization's funds without any business purpose.

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The Hamptons Rental
43. Conlin spent most of July 2009 at a rented vacation home in the

Hamptons, an exclusive vacation area in Long Island, New York.

44.

The five-bedroom home, located in Remsenburg, a hamlet in the Town of

Southhampton, New York, features a tennis court, hot tub and swimming pool and is marketed as "a peaceful family getaway in the Hamptons," according to a recent New York Times Real Estate listing. 45. Despite not having any charitable purpose or board authorization, Conlin

engineered for the NARAL Foundation to pay for the full $17,000 rental fee for the house. 46. In doing so, Conlin falsely claimed to the NARAL Foundation's outside

bookkeeper that the board had authorized the reimbursement and that she had rented the house for legitimate business purposes. She also misrepresented the amount of the rent, claiming that it was $30,000 and that she was only seeking reimbursement for a portion of that amount. In fact, the rental fee was $17,000, and Conlin had the NARAL 'Foundation pay the entire amount.

Childcare Expenses
47. In yet another example of Conlin improperly using. charitable funds to

subsidize her lifestyle, Conlin caused the NARAL Foundation to pay for the salary of her children's nanny. 48. Conlin and her partner employed a nanny to care for their twin children.

Among other things, the nanny would accompany Conlin's children to and from their school, and sometimes travel with the family on personal trips.

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49.

In 2008 and 2009 alone, Conlin arranged for the NARAL Foundation to

pay at least $12,200 of her nanny's salary, despite there being no charitable purpose whatsoever for such an expenditure. 50. Upon information and belief, to justify this extraordinary expenditure,

Conlin directed another NARAL employee to advise a NARAL bookkeeper and the outside accounting consultant hired by NARAL that the Board had approved the payment of her nanny's expenses. The Board never did so.

Personal Travel Expenses
51. Conlin repeatedly charged her personal travel expenses to the NARAL

Foundation, causing it to pay no less than $26,000 for personal travel. 52. Conlin grew up in Michigan and still has extended family in Michigan.

Expense records show that every summer during the relevant time period, Conlin charged to the NARAL Foundation the cost of at least one ticket to and from Michigan. For certain years, Conlin caused NARAL Foundation to pay for the airfare for her partner, and at times for her two children. On June 28, 2006, for example, Conlin charged to the NARAL Foundation over $2,600 in airfare for herself and her family members for a trip from Traverse City, Michigan to New York. 53. The travel expenses Conlin wrongfully charged to the NARAL

Foundation also included car rental expenses for family members.

Personal Hotel Charges
54. Conlin's home in Brooklyn was within easy commuting distance to

NARAL's Manhattan office. Nevertheless, on a number of occasions, Conlin stayed overnight in luxury hotels in Manhattan, charging the cost to the NARAL Foundation.

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Conlin improperly caused the NARAL Foundation to pay more than $18,500 for her personal hotel expenses. 55. The hotels in which she stayed included the Loews Regency Hotel, 70

Park Avenue and the Hotel Roger Williams. These stays had no legitimate business purpose. 56. During some of these stays, Conlin not only incurred room charges, but

also charged the NARAL Foundation for her use of spa services. NARAL's Champions of Choice fundraiser was held at the Mandarin Oriental hotel in Manhattan. In each of 2008,2009, and 2010, Conlin charged between approximately $400 and $650 in spa charges at the Mandarin Oriental around the time of the fundraiser. On-her expense form, in 2008, Conlin- described the entire Mandarin Oriental bill as "room, meals before . Champions event," failing to disclose or break out a $418.02 spa charge. On her expense form in 2010, Conlin described the Mandarin Oriental bill as "room + restaurant charge (event)", again failing to disclose or break out a $622.51 spa charge. 57. On at least two occasions, while she was travelling for business, Conlin

also indulged in spa services, and charged those services to the NARAL Foundation. The two charges - one for a massage and one for unspecified spa services - cost the NARAL Foundation $443.00. Personal Meals 58. Conlin caused the NARAL Foundation to pay no less than $50,000 in

unauthorized, non-business-related meals, ranging from repeated take-out from sushi restaurants near her home to extravagant meals at high-end restaurants, such as Daniel

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and 11 Madison Park, two of the most celebrated, and expensive, restaurants in New York City. 59. Included in these charges is no less than $9,600 spent on meals from

restaurants close to her ~rooklyn home, including 120 meals from a single local sushi restaurant from which she or her partner regularly ordered dinner. 60. In an effort to disguise the personal nature of these take-out charges, in her

expense reports, Conlin mischaracterized these meals as taking place "after" a business meeting or event. This was false or misleading; in most instances, according to the restaurant receipts themselves, the meals were ordered and paid for between 5:30 and 7:00p.m. 61. Conlin also charged to the NARAL Foundation thousands of dollars in

personal groceries (including ,groceries purchased while she was vacationing in the Hamptons), and meals on weekends, holidays and vacations.

Improper Car Service Expenses
62. From 2006 to 2010, Conlin caused the NARAL Foundation to pay no less

than $70,000 for her use of car services for personal transportation. 63. Of this total, no less than $44,000 was charged to the NARAL Foundation

to shuttle Conlin's children to and from their Brooklyn home, their nanny's home in Brooklyn, and their school on the Upper West Side. 64. Additionally, Conlin was chauffeured to and from her home in Brooklyn

to the NARAL office during normal business hours. 65. Conlin also used a car service, charged to NARAL Foundation, for

weekend trips that had no legitimate business purpose, including, for example, roundtrips

14

from Brooklyn to Greenwich, Connecticut, and trips from her home in Brooklyn to a location in Queens on Saturdays or Sundays. Conlin's calendar on the day of one of the Queens trips contains an entry that says "Karate Tournament"

Second Cellular Phone
66. Conlin received two phones from NARAL, claiming, upon information

and belief, that she needed to be able to talk on the phone and communicate over email at the same time. 67. Upon information and belief, Conlin did not use both phones for work

purposes, but rather the second phone was used by Conl~'s partner. Phone billing . . records show hundreds of calls made between the two phones. Conlin did not disclose this fact or get Board approval for this non-business related expense. 68. phone. Conlin caused NARAL to pay over $3,800 for personal use of a second

FIRST CAUSE OF ACTION

Breach of Fiduciary Duty - N-PCL §§ 717 & 720
~9. The Attorney General repeats and re-alleges the allegations of paragraphs

1-68 as though fully set forth herein. 70. Conlin failed to discharge her duty as an officer ofNARAL with the

degree of care, skill. prudence, diligence. and undivided loyalty required of her, in that she wrongfully used NARAL assets for her personal benefit and for the personal benefit of members of her family. 71. Conlin further breached her fiduciary duties in that she made

misrepresentations regarding Board authorization of certain expenditures, and

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intimidated NARAL employees who questioned her expenditures, undermining the internal controls necessary for the organization to function properly. 72. Conlin further breached her fiduciary duty to the NARAL by causing

. NARAL to file false financial statements with the Attorney General. 73. As President ofNARAL, Conlin was responsible for certifying the

accuracy of its financial reports. She also signed the annual Form 990, by which she attested that the Form ,990 and its accompanying schedules are "true, correct, and complete," to the best of her knowledge. 74. As a result of Conlin's improper expenses, each of the financial reports

and Form 990s ofNARAL and the NARAL Foundation for the relevant time period contain material misstatements in that they materially understate Conlin's income from NARAL and NARAL Foundation. 75. By her charging her persona). expenses to the NARAL Foundation, and

by causing the filing of false reportsf.Conlin breached her fiduciary duties to NARAL in violation N-PCL § 717. Accordingly, Conlin is liable under N-PCL §§ 720(a)(I)(A) and (a)( 1)(B) to account for her conduct in the violation of their duties, and to pay restitution to NARAL in an amount to be determined at trial. SECOND CAUSE OF ACTION

Waste and Misappropriation of Charitable Assets - N-PCL § 720
76. The Attorney General repeats and re-alleges the allegations of

paragraphs 1-68 as though fully set forth herein. 77. Conlin has wasted and misappropriated the NARAL Foundation's

charitable assets by misusing her corporate credit cards to fund personal expenses, and

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causing the NARAL Foundation to pay directly for goods and services that served no legitimate business purpose. 78.

In doing so, Conlin diverted the NARAL Foundation's charitable assets

for her personal benefit, rendering her liable to the NARAL Foundation under N-PCL §§ 720(a)(1 )(A) and 720 (a)(1 )(B) to account for her misconduct and pay restitution and damages to NARAL Foundation. THIRD CAUSE OF ACTION Failure to Properly Administer Charitable Assets - EPTL § 8-1.4 79. The Attorney General repeats and re-alleges the allegations of

paragraphs 1-68 as though fully set forth herein. 80. As an officer of the NARAL Foundation, Conlin was a trustee under

EPTL § 8-1.4(a). . 81. As a trustee, Conlin was responsible for the proper administration of the

NARAL Foundation's charitable assets. 82. Conlin failed to properly administer the NARAL Foundation's assets in

that she knowingly used charitable funds for her own personal benefit; misled and intimidated staff to obtain reimbursement for amounts to which she was not entitled; failed to institute and maintain proper internal controls, and failed to keep accurate books and records. 83.Under EPTL § 8-1.4(m), the Attorney General may institute appropriate
f

proceedings to secure compliance with § 8- J.4, and to secure the proper administration of charitable assets. 84. Accordingly, Conlin should be ordered to account for her failure and to

provide restitution to the NARAL Foundation. Conlin also should be enjoined from

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serving as an officer, director, trustee or equivalent position at NARAL or any-other New York not-for-profit corporation in the future.

PRAYER FOR RELIEF
The Attorney General demands judgment against Conlin as follows: A. Requiring Conlin to account for her personal expenses that were

improperly charged to the NARAL Foundation; B. Holding Conlin liable for her waste and misappropriation of the NARAL

Foundation's charitable assets, in an amount to be determined at trial, and including interest on that amount at the highest rate permitted by law; C. Enjoining Conlin from serving as an officer, director, trustee or equivalent

position at NARAL or any other New York not-for-profit corporation in the future; D. E. Awarding the Attorney General costs and disbursements; and Granting such other and further relief as is just and proper.

June 28, 2012 New York, New York By: DAVIDE. NACHMAN Enforcement Section Chief and Senior Counsel Charities Bureau 120 Broadway, 3rdFloor New York, New York 10271 (212) 416-8401 State Bar No. 1764562

Of Counsel:
JASONR. LILIEN, Bureau Chief, Charities Bureau YAELFUCHS,Assistant Attorney General

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VERIFICATION

STATE OF NEW YORK COUNTYOFNEWYORK

) ) ss: )

DAVID E. NACHMAN, being sworn, says:
.

I am Enforcement Section Chief and Senior Counsel in the Charities Bureau of the Attorney General of the State of New York, and am duly authorized to make this verification. I have read the foregoing complaint and know the contents thereof, which on information and belief, I believe to be true. The grounds for my belief are investigative materials contained in the files of the Attorney General's office. The reason this verification is not made by Plaintiff is that Plaintiff is a body politic and the Attorney General is its duly authorized representative.

DAVID E. NACHMAN

BAFIBARA L. QUINT Notary Public, State of New York No. 02QU4936549 Qualified in Kings County Certilicate Filed in Kings Coun~.1 Commission Expires June 13, 20J.!:l.

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