Idaho Code 48-1914 – Charitable Assets Recovered — Cy Pres — Restitution Recovered
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(1) Any charitable assets sued for and recovered by the attorney general under this chapter shall be conveyed:
(a) To the injured charitable organization to restore its misappropriated, lost, or diverted charitable assets; or
(b) To any charitable organization with a similar charitable purpose as that of the charitable organization from which the charitable assets were recovered, pursuant to a court-approved cy pres distribution.
(2) Any restitution sued for and recovered by the attorney general under this chapter shall be deposited and held in the state treasury until such time as the attorney general directs that payment be made to a person to reimburse for any actual damages he incurred as a direct result of a violation of this chapter.
Terms Used In Idaho Code 48-1914
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Attorney general: means the attorney general of the state of Idaho or the attorney general’s designee. See Idaho Code 48-1903
- Charitable organization: means a person who holds charitable assets regardless of the legal form. See Idaho Code 48-1903
- Charitable purpose: means the relief of poverty, the advancement of knowledge, education, or religion, or the promotion of health, the environment, civic or patriotic matters, or any other purpose, the achievement of which is beneficial to the community. See Idaho Code 48-1903
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- person: includes a corporation as well as a natural person;
Idaho Code 73-114Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action. State: when applied to the different parts of the United States, includes the District of Columbia and the territories; and the words "United States" may include the District of Columbia and territories. See Idaho Code 73-114