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Banning the Juvenile Death Penalty” Continued on Page 12 THE NCRP QUARTERLY / SUMMER 2005 IN THIS EDITION Banning the Banning the 1 Juvenile Death Penalty Juvenile Success through Funding of Nonprofit Death Advocacy and Coalition Work Penalty Success through OPINION 2 The Duke’s Demise Funding of Philanthropic Maneuvers Nonprofit Don’t Excuse Questionable Advocacy and Defense Contracts Coalition Work By Adam Conner and Betsy Williams National 5 Heritage Last year, America stood alone in the world as the only country that still executed Foundation: minors. Only six other countries had executed minors in the 1990s, and by 2005 all Pushing Tax had either abolished the practice or publicly disavowed the execution of minors. Laws to the Limit It was not until March 1, 2005, that the U.S. Supreme Court ended juvenile execu- tions in America with its 5-4 decision in the Roper v. Simmons case. As Justice Kennedy would write in the majority decision, "In sum, it is fair to say that the United States now The Story of 8 stands alone in a world that has turned its face against the juvenile death penalty.” Saipan The Simmons decision was the culmination of a campaign begun years before that DeLay’s Petri Dish illustrated the power of strategic general operating funding from foundations and effec- and Another Abramoff Gold tive coalition building among nonprofits. Mine General operating grants over the last decade gave nonprofits the autonomy to coor- dinate their efforts and build expertise. From “Banning the Juvenile Death Penalty” continued on page 12. OPINION The Duke’s Demise Philanthropic Maneuvers Don’t Excuse Questionable Defense Contracts Responsive Philanthropy By Rick Cohen The quarterly journal of the National Committee for Responsive Philanthropy 2005, Issue No. 3 It’s time for the nonprofit sector to call a halt legislation that led to the “charity defense” for admitted and to contracts for 2001 S Street, NW, Ste. 620 prospective felons. You know—it’s when crooks MZM. Cunning- Washington, DC 20009 Phone 202.387.9177 facing the scrutiny of a grand jury investigation ham’s willingness Fax 202.332.5084 or a federal congressional inquiry announce and to partake in E-mail: [email protected] promote their philanthropy as evidence of good sweetheart real Web: www.ncrp.org character, of repentance, sometimes even of estate deals makes Yearly subscription: $25 almost innocence. him a candidate (free to members) California’s Republican Congressman for an ethics inves- ISBN: 1065-0008 Randall “Duke” Cunningham is the latest, and tigation. Cun- not even the most egregious, player of this get- ningham, sensing out-of-jail card in the game of deficient corpo- he had been hit by NCRP Staff rate or political ethics. Unfortunately, America’s the fire from charities seem generally unwilling to question, enemy watchdogs, Rick Cohen much less spurn, such ethically questionable Rick Cohen. maneuvered a bit Executive Director money. Nonprofits lining up to play the patsies with press releases for corporate and political crooks is unseemly of moderate contrition and innocence, and final- Jeff Krehely Deputy Director and pathetic, and it’s time they stop. ly announced that he would not run for re-elec- The case of Duke Cunningham has been tion in 2006. Andrea M. DeArment headline news since it was revealed that he How does charity figure into the Duke Finance Director profited from some beneficial real estate trans- Cunningham story? Like so many before him, actions by a defense contractor, MZM Inc. The the congressman has announced his willingness Naomi Tacuyan Communications Associate president of the firm, Mitchell Wade, purchased to donate part of his take—in this case, the pro- Cunningham’s Del Mar Heights house for ceeds from the sale of his home—to charity. Omolara Fatiregun $700,000 more than its estimated market Cunningham joins a long line of felonious Research Associate value—in other words, giving the congressman philanthropists making tax-deductible donations a virtual gift of $700,000 on top of the $975,000 to charities as part of a strategy of touching up a Rusty Ince that the property attracted on resale, and sullied public image or clearing one’s name. Development Associate allowed Cunningham to live, when in Tyco’s Dennis Kozlowski used corporate funds Yann Doignon Washington, D.C., on Wade’s 42-foot yacht to make ostensibly personal charitable dona- Communications Assistant (named “Duke Stir”), berthed at the Capital tions to burnish his dubious reputation. Enron’s Yacht Club, for a nominal rent of $500 a month. Ken Lay emphasized his philanthropic and reli- Marissa Guananja In return for these perks, plus some generous gious persona while his firm made a mockery of Research Assistant contributions to Cunningham’s political cam- corporate ethics and accountability. Nearly paigns and his American Prosperity PAC, MZM everyone’s favorite had to be fugitive felon Marc Elly Kugler Research Assistant appears to have benefited by its relationship with Rich, who accumulated boatloads of famous Cunningham in his role as a member of the people to testify to his philanthropic good heart- Betty Feng House Defense Appropriations Subcommittee. edness in order to justify his request for a pardon Research Assistant Thanks in part to its Pentagon contracts—it from President Bill Clinton. received $41 million worth of contracts in 2003 Cunningham’s dip into charitable resume Betsy Williams and $65 million in 2004—MZM tripled its rev- building is of a much more pedestrian variety. Research Assistant enues in 2004, elevating the relatively young He has pledged to donate the proceeds from the Adam Conner defense contractor to No. 100 on Washington sale of his new $2.5 million home, which he Development and Technology magazine’s list of top federal contrac- purchased soon after selling his home to MZM’s Communications Intern tors. Cunningham wasn’t the only MZM benefac- Wade, to three local San Diego area charities: tor in Congress; press reports link House member Saint Claire’s Home for Abused & Battered © 2005 National Committee for Responsive Philanthropy Virgil Goode (R-Va.) in particular to sponsoring Women in Escondido, Bishop McKinney’s 2 Summer 2005 Responsive Philanthropy School for At Risk Children, and Father Joe and offering his St. Vincent’s shelter as a site for Cunningham Carroll’s homeless shelter network (Father Joe’s a former mayor’s community service after his Villages). Carroll made the appropriate state- conviction for conspiracy and perjury. As joins a long line ment of gratitude, as quoted in the North Carroll said about the port authority felon, “Will of felonious County Times: “I’m not surprised he picked I stop taking his calls? No. Will I stop taking his three of his favorite people. … He money? No.” philanthropists [Cunningham] was probably saying to the A December 2004 press release promoting making tax- whole community, ‘I wasn't in this for the his most recent book describes Bishop George money. Whatever money is made on this house Dallas McKinney as “spiritual advisory to presi- deductible will be donated to charity.’” dents, kings, and business leaders.” The founder donations to Even as an effort to make a down payment on of St. Stephen’s Church of God in Christ a less corrupt image, Cunningham’s promised (COGIC), McKinney endorsed Bush for re-elec- charities as part donations aren’t simply statements of concern tion, despite the denomination’s national oppo- of a strategy of for battered women, at-risk children, and the sition to the U.S. invasion of Iraq and his own homeless, none having been major emphases of role as a board member of the liberal faith-based touching up a Cunningham’s nine-term congressional record. Pacific Institute for Community Organization While running a network of well-outfitted (PICO) network, based in part on their shared sullied public homeless shelters primarily in the San Diego opposition to women’s reproductive choice and image or area, but branching out into other parts of the the rights of gays and lesbians to marry. One of west, Father Carroll (actually Monsignor Carroll) McKinney’s more distinctive political comments clearing one’s has a strong track record of endorsing was to blame abortion for the problems of the name. Republicans for political office—including a Social Security system: “Part of the problem that current Republican mayoral candidate, Steve we’re seeing now with Social Security has to do Francis, whose Internet ads flash alternating pic- with the fact that 40 to 50 million people who tures of Francis and Carroll—and working with have been killed through abortions have not national Republicans, including President taken their role (sic) as productive citizens.” George W. Bush, who rewarded Carroll’s Village Cunningham’s connection to McKinney may Training Institute with a generous Compassion be in part connected to their less than salutary atti- Capital Fund faith-based grant from the tude toward gays and lesbians. McKinney couch- Department of Health and Human Services. es his LGBT attitudes in a strict interpretation of Carroll is also a stand-up guy for politicians the Bible, a strategy that the Bush administration in political or legal trouble. In 2003, the San used in its re-election campaign to woo support Diego Union-Tribune detailed Carroll’s recent and endorsements from black church leaders. history of allegiance for local politicians danc- Unlike the bishop, Cunningham chose to express ing along the edge of the law—or falling over his homophobic attitudes a bit more crudely, the edge—including speaking in support
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