Our friend and guest columnist John C. McGee was kind enough to pen his opinions for us:
A few thoughts on the Madoff debacle – as I continue to listen to and read about the fallout from the Bernard Madoff collapse I am concerned about the long-term consequences of the event – those being enhanced regulatory oversight of the non-profit sector and its activities.
Obviously, the collapse of a $50 billion fund is devastating. With many foundations and personal fortunes lost the impact of the demise of the funds under Madoff’s direction has been immediate and will in some ways be long-lasting simply through the loss of those funds. Already as has been reported in many media sources that various foundations have closed and non-profit organizations have reduced services. These are immediate and truly troubling events in a global economy that can ill-afford the loss of services those organizations provided directly or funded.
These consequences have already happened and there is little we can do now about restoring those lost funds. Organizations and individuals will and can respond to the needs of affected organizations but the fundamental event has already happened and unfortunately cannot be undone.
It is the future fall-out that we need to be vigilant of. With the changing of administrations, attitudes towards regulatory oversight will change. It has already been suggested that part, if not a significant portion, of the Madoff debacle was a result of lax regulatory enforcement. Therefore, it is reasonable to expect more vigilant enforcement efforts and a revisiting of existing laws and procedures to make such an event more difficult in the future.
The non-profit sector needs to be aware that legislation directed at investment disclosures and transparency will potentially impact their policies, procedures, operations and relationships with donors.
Congress, I expect, will fast-track regulatory review of the Securities and Exchange Commission (SEC) and may very well expedite the reauthorization of the Federal Trade Commission (FTC).
It is not the practice of Congress to pass legislation entitled ‘non-profit regulatory oversight’, rather they are more likely to include such oversight in some omnibus regulatory renovation or reauthorization legislation.
In the last Congress, the Senate in SB2831 wanted to extend the authority of the FTC to include those organizations recognized under section 501(c)(3) of the Internal Revenue Code. I expect this effort along with additional controls placed on investment practices through changes in the SEC oversight responsibilities to be early on Congress’ agenda. I also expect that Congress will explore a variety of means to enhance regulatory oversight of segments of the economy not least of which will be the non-profit sector. Simply put I expect 2009 to be a very active year related to regulatory issues and it is incumbent upon us to be attentive to these efforts.
The chart below compares seven federal tax law attributes of five common types of tax-exempt organizations, which is useful for non-profit organizations.
Common IRS Tax Law Restrictions on Activities of Exempt Organizations

Write to John C. McGee and view his LinkedIn Profile here