(760 ILCS 55/16.5)
(a) Any person or organization subject to registration under
this Act, who knowingly acts to further, directly or indirectly, or knowingly
assets to conduct or further, directly or indirectly, an act or actions as set
forth in Article 29D of the Criminal Code of 2012, is thereby engaged in an act
or actions contrary to public policy and antithetical to charity, and all of
the funds, assets, and records of the person or organization shall be
subject to temporary and permanent injunction from use or expenditure and the
appointment of a temporary and permanent receiver to take possession of all of
the assets and related records.
(b) An ex parte action may be commenced by the Attorney
General, and, upon a showing of probable cause of a
violation of this Section or Article 29D of the Criminal Code
of 2012, an immediate seizure of books and records
by the Attorney General by and through his or her assistants
or investigators or the Illinois State Police and freezing of all assets
made by order of a court to protect the public, protect the
assets, and allow a full review of the records.
(c) Upon a finding by a court after a hearing that a person or
organization has acted or is in violation of this Section, the person
or organization shall be permanently enjoined from soliciting funds from
the public, holding charitable funds, or acting as a trustee or fiduciary
within Illinois. Upon a finding of violation all assets and funds
held by the person or organization shall be forfeited to the People of
the State of Illinois or otherwise ordered by the court to be accounted
for and marshaled and then delivered to charitable causes and uses within
the State of Illinois by court order.
(d) A determination under this Section may be made by any
court separate and apart from any criminal
proceedings and the standard of proof shall be that for civil proceedings.
(e) Any knowing use of charitable assets to conduct or further, directly or
indirectly, an act or actions set forth in Article 29D of the Criminal Code of
2012 shall be a misuse of charitable assets and breach of fiduciary duty
relative to all other Sections of this Act.
(Source: P.A. 102-538, eff. 8-20-21.)