Lustgarten Foundation
Standards Not Met
- 1
- 18
Standards Not Met
- 1
- 18
Standards For Charity Accountability
Governance
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Board Oversight
Standard 1 (Oversight of Operations and Staff)
Description
Organizations shall have a board of directors that provides adequate oversight of the charity's operations and its staff. Indication of adequate oversight includes, but is not limited to, regularly scheduled appraisals of the CEO's performance, evidence of disbursement controls such as board approval of the budget, fund raising practices, establishment of a conflict of interest policy, and establishment of accounting procedures sufficient to safeguard charity finances.Lustgarten Foundation does not meet this Standard because its board of directors does not:
- Review the performance of the chief executive officer at least once every two years.
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Board Size
Standard 2 (Number of Board Members)
Description
Soliciting organizations shall have a board of directors with a minimum of five voting members.The organization meets this standard.
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Board Meetings
Standard 3 (Frequency and Attendance of Board Meetings)
Description
An organization shall have a minimum of three evenly spaced meetings per year of the full governing body with a majority in attendance, with face-to-face participation. A conference call of the full board can substitute for one of the three meetings of the governing body. For all meetings, alternative modes of participation are acceptable for those with physical disabilities.The organization meets this standard.
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Board Compensation
Standard 4 (Compensated Board Members)
Description
Not more than one or 10% (whichever is greater) directly or indirectly compensated person(s) serving as voting member(s) of the board. Compensated members shall not serve as the board's chair or treasurer.The organization meets this standard.
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Conflict of Interest
Standard 5 (Conflict of Interest)
Description
No transaction(s) in which any board or staff members have material conflicting interests with the charity resulting from any relationship or business affiliation. Factors that will be considered when concluding whether or not a related party transaction constitutes a conflict of interest and if such a conflict is material, include, but are not limited to: any arm's length procedures established by the charity; the size of the transaction relative to like expenses of the charity; whether the interested party participated in the board vote on the transaction; if competitive bids were sought and whether the transaction is one-time, recurring or ongoing.The organization meets this standard.
Measuring Effectiveness
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Effectiveness Policy
Standard 6 (Board Policy on Effectiveness)
Description
Have a board policy of assessing, no less than every two years, the organization's performance and effectiveness and of determining future actions required to achieve its mission.The BBB is unable to verify if this organization meets this standard.
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Effectiveness Report
Standard 7 (Board Approval of Written Report on Effectiveness)
Description
Submit to the organization's governing body, for its approval, a written report that outlines the results of the aforementioned performance and effectiveness assessment and recommendations for future actions.The BBB is unable to verify if this organization meets this standard.
Finances
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Program Expenses
Standard 8 (Program Service Expense Ratio)
Description
Spend at least 65% of its total expenses on program activities.The organization meets this standard.
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Fundraising Expenses
Standard 9 (Fund Raising Expense Ratio)
Description
Spending should be no more than 35% of related contributions on fund raising. Related contributions include donations, legacies, and other gifts received as a result of fund raising efforts.The organization meets this standard.
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Accumulating Funds
Standard 10 (Ending Net Assets)
Description
Avoid accumulating funds that could be used for current program activities. To meet this standard, the charity's unrestricted net assets available for use should not be more than three times the size of the past year's expenses or three times the size of the current year's budget, whichever is higher.The organization meets this standard.
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Audit Report
Standard 11 (Financial Statements)
Description
Make available to all, on request, complete annual financial statements prepared in accordance with generally accepted accounting principles. When total annual gross income exceeds $1 million, these statements should be audited in accordance with generally accepted auditing standards. For charities whose annual gross income is less than $1 million, a review by a certified public accountant is sufficient to meet this standard. For charities whose annual gross income is less than $250,000, an internally produced, complete financial statement is sufficient to meet this standard.The organization meets this standard.
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Detailed Expense Breakdown
Standard 12 (Detailed Functional Breakdown of Expenses)
Description
Include in the financial statements a breakdown of expenses (e.g., salaries, travel, postage, etc.) that shows what portion of these expenses was allocated to program, fund raising, and administrative activities. If the charity has more than one major program category, the schedule should provide a breakdown for each category.The organization meets this standard.
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Accurate Expense Reporting
Standard 13 (Accuracy of Expenses in Financial Statements)
Description
Accurately report the charity's expenses, including any joint cost allocations, in its financial statements. For example, audited or unaudited statements which inaccurately claim zero fund raising expenses or otherwise understate the amount a charity spends on fund raising, and/or overstate the amount it spends on programs will not meet this standard.The organization meets this standard.
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Budget Plan
Standard 14 (Budget)
Description
Have a board-approved annual budget for its current fiscal year, outlining projected expenses for major program activities, fund raising, and administration.The organization meets this standard.
Fundraising & Info
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Truthful Materials
Standard 15 (Misleading Appeals)
Description
Have solicitations and informational materials, distributed by any means, that are accurate, truthful and not misleading, both in whole and in part. Appeals that omit a clear description of program(s) for which contributions are sought will not meet this standard. A charity should also be able to substantiate that the timing and nature of its expenditures are in accordance with what is stated, expressed, or implied in the charity's solicitations.The BBB is unable to verify if this organization meets this standard.
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Annual Report
Standard 16 (Annual Report)
Description
Have an annual report available to all, on request, that includes: (a) the organization's mission statement, (b) a summary of the past year's program service accomplishments, (c) a roster of the officers and members of the board of directors, (d) financial information that includes (i) total income in the past fiscal year, (ii) expenses in the same program, fund raising and administrative categories as in the financial statements, and (iii) ending net assets.The organization meets this standard.
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Website Disclosures
Standard 17 (Web Site Disclosures)
Description
Include on any charity websites that solicit contributions, the same information that is recommended for annual reports, as well as the mailing address of the charity and electronic access to its most recent IRS Form 990.The organization meets this standard.
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Donor Privacy
Standard 18 (Privacy for Written Appeals & Internet Privacy)
Description
Address privacy concerns of donors by (a) providing in written appeals, at least annually, a means (e.g., such as a check off box) for both new and continuing donors to inform the charity if they do not want their name and address shared outside the organization, (b) providing a clear, prominent and easily accessible privacy policy on any of its websites that tells visitors (i) what information, if any, is being collected about them by the charity and how this information will be used, (ii) how to contact the charity to review personal information collected and request corrections, (iii) how to inform the charity (e.g., a check off box) that the visitor does not wish his/her personal information to be shared outside the organization, and (iv) what security measures the charity has in place to protect personal information.Lustgarten Foundation does not meet this Standard because the privacy policy on its website, https://lustgarten.org/, does not indicate:
- What specific security measures are in place to protect personal information that is collected.
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Cause Marketing Disclosures
Standard 19 (Cause Related Marketing)
Description
Clearly disclose how the charity benefits from the sale of products or services (i.e., cause-related marketing) that state or imply that a charity will benefit from a consumer sale or transaction. Such promotions should disclose, at the point of solicitation: (a) the actual or anticipated portion of the purchase price that will benefit the charity (e.g., 5 cents will be contributed to abc charity for every xyz company product sold), (b) the duration of the campaign (e.g., the month of October), (c) any maximum or guaranteed minimum contribution amount (e.g., up to a maximum of $200,000).The organization meets this standard.
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Complaints
Standard 20 (Complaints)
Description
Respond promptly to and act on complaints brought to its attention by the BBB Wise Giving Alliance and/or local Better Business Bureaus about fund raising practices, privacy policy violations and/or other issues.The organization meets this standard.
Conclusion
Lustgarten Foundation does not meet the following 2 Standards for Charity Accountability:
Standard 1 (Oversight of Operations and Staff)
Organizations shall have a board of directors that provides adequate oversight of the charity's operations and its staff. Indication of adequate oversight includes, but is not limited to, regularly scheduled appraisals of the CEO's performance, evidence of disbursement controls such as board approval of the budget, fund raising practices, establishment of a conflict of interest policy, and establishment of accounting procedures sufficient to safeguard charity finances.
Lustgarten Foundation does not meet this Standard because its board of directors does not:
- Review the performance of the chief executive officer at least once every two years.
Standard 18 (Privacy for Written Appeals & Internet Privacy)
Address privacy concerns of donors by (a) providing in written appeals, at least annually, a means (e.g., such as a check off box) for both new and continuing donors to inform the charity if they do not want their name and address shared outside the organization, (b) providing a clear, prominent and easily accessible privacy policy on any of its websites that tells visitors (i) what information, if any, is being collected about them by the charity and how this information will be used, (ii) how to contact the charity to review personal information collected and request corrections, (iii) how to inform the charity (e.g., a check off box) that the visitor does not wish his/her personal information to be shared outside the organization, and (iv) what security measures the charity has in place to protect personal information.
Lustgarten Foundation does not meet this Standard because the privacy policy on its website, https://lustgarten.org/, does not indicate:
- What specific security measures are in place to protect personal information that is collected.
The BBB Wise Giving Alliance requested but did not receive complete information from the organization and is unable to verify the organization's compliance with the following Standard(s) for Charity Accountability: 6 7 15
Lustgarten Foundation meets the remaining 15 Standards for Charity Accountability.
Purpose
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Year, State Incorporated
1998, NY
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Stated Purpose
"to cure pancreatic cancer by funding scientific and clinical research related to the diagnosis, treatment and prevention of pancreatic cancer; providing research information and clinical support services to patients, caregivers and individuals at high risk; and increasing public awareness and hope for those dealing with this disease."
Programs
Lustgarten Foundation is focused on funding and supporting research for pancreatic cancer. The research includes biological mechanisms and clinical strategies related to the prevention, diagnosis, and treatment of pancreatic cancer. The organization reports that it raises public awareness about pancreatic cancer, facilitates dialogue among members of the medical and scientific communities, and provides information support for pancreatic cancer patients, their families, and friends.
For the year ended June 30, 2021, Lustgarten Foundation's program expenses were:
| Research | $16,556,918 |
| Public education and information | $5,530,544 |
| Professional education | $159,898 |
| Total Program Expenses: | $22,247,360 |
Governance & Staff
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Chief Executive
Linda Tantawi, Chief Executive Officer
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Compensation*
$27,060
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Chair of the Board
Andrew Lustgarten
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Chair's Profession / Business Affiliation
President and Chief Executive Officer, MSG Sports
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Board Size
17
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Paid Staff Size
25
*2020 compensation includes annual salary and, if applicable, benefit plans, expense accounts, and other allowances.
Note 1: Ms. Tantawi became Chief Executive Officer on December 1, 2020. In 2020, former President, Kerri Kaplan, received $359,500 in compensation.
Note 2: Dr. Robert F. Vizza, Chairman Emeritus, was the highest paid employee, receiving $589,837 in compensation.
Fundraising
Method(s) Used:
Direct mail appeals, Grant proposals, Internet, Invitations to fund raising events, Planned giving arrangements, Print advertisements (newspapers, magazines, etc.), Radio, Cause- related marketing (affinity credit cards, consumer product sales, etc.)
Note 1: As noted in the above financial section, "other changes in net assets" refers to appreciation in fair value of investments, net.
Note 2: According to the organization's audited financial statements for the year ended June 30, 2021, Lustgarten Foundation received in-kind gifts totaling $4,630,747 in the form of contributed media ($4,525,966) and audit services ($104,781).
Tax Status
This organization is tax-exempt under section 501(c) (3) of the Internal Revenue Code.It is eligible to receive contributions deductible as charitable donations for federal income tax purposes.
Financial
The following information is based on Lustgarten Foundation's audited financial statements for the year ended June 30, 2021.
| Source of Funds | |
|---|---|
| Contributions | $12,075,250 |
| In-kind contributions | $4,630,747 |
| Special events, net | $3,386,633 |
| Dividends and interest, net | $1,604,087 |
| Royalties | $1,361,709 |
| Total Income | $23,058,426 |
- Programs: 86%
- Fundraising: 9%
- Administrative: 5%
| Total Income | $23,058,426 |
| Program expenses | $22,247,360 |
| Fundraising expenses | $2,427,517 |
| Administrative expenses | $1,395,669 |
| Other expenses | $0 |
| Total expenses: | $26,070,546 |
| Income in Excess of Expenses | $-3,012,120 |
| Beginning Net Assets | $80,740,307 |
| Other Changes In Net Assets | $15,218,970 |
| Ending Net Assets | $92,947,157 |
| Total Liabilities | $3,614,475 |
| Total Assets | $96,561,632 |
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