NCE G. WASDEN Idaho Attorney General Office of the Attorney General P.O. Box 83 720 Boise, ID 83720-0010 (208) 334-2424 .ag.idaho.gov IDAHO AQUARIUM, INC., D/B/A AQUARIUM OF BOISE FACTUAL FINDINGS, LEGAL CONCLUSIONS, AND RECOMMENDED CHANGES April 2, 2015 CONSUMER PROTECTION DMSION BREITT. DELANGE DIVISION CHIEF STEPHANIE GUYON DEPUTY ATTORNEY GENERAL PHONE: (208) 334-4135
[email protected] INTRODUCTION In September 2013, the Attorney General's Office ("Attorney General") received a referral from Dr. Jeff Rosenthal, Executive Director for the Idaho Humane Society ("the Society"), concerning the activities of the Idaho Aquarium, Inc. ("Idaho Aquarium"), an I.RC.§ 501(c)(3) nonprofit corporation in Boise, Idaho. Dr. Rosenthal reported to the Attorney General that, during the Society's investigation of animal welfare complaints, he spoke to Idaho Aquarium employees who expressed concerns with how the Idaho Aquarium's Board of Directors ("the Board") was governing the nonprofitcorporation and managing its charitable assets. Telephone calls and emails to the Attorney General fromconcerned Board members coincided with Dr. Rosenthal's referral. Board members reported to the Attorney General that the members had splintered into two factions, which prevented the Board from governing the Idaho Aquarium's affairs. The dominant faction was ruled by the Idaho Aquarium's President and Interim Executive Director who allegedly refused to provide the weaker faction with the Idaho Aquarium's complete financialrecords. Board members also alleged that, with the Board's knowledge and approval, the Idaho Aquarium's founders and former Board members-Ammon Covino ("Covino") and Christopher Conk ("Conk")-had misappropriated the Idaho Aquarium's charitable assets.