Attorney General Ellison reaches settlement with youth soccer nonprofit to address violations of charities laws

All In Minnesota failed to meet board governance requirements, including financial controls and board scrutiny of conflicted transactions

from the office of Minnesota Attorney General Keith Ellison

Minnesota Attorney General Keith Ellison today announced a settlement with All In Minnesota (“AIM”), a youth soccer charity in Vadnais Heights founded by the organization’s former president, Mark Bigelbach, in 2017.  In the Assurance of Discontinuance, Attorney General Ellison alleges that the charity’s board failed to adequately supervise the business and affairs of the organization, resulting in violations of Minnesota charities laws.

AIM is a Minnesota nonprofit corporation and tax-exempt charity that provided financial assistance for soccer players of the Minnesota Eclipse youth soccer team from 2017 until the summer of 2022.  During this time, AIM held only one board meeting and failed to appoint a treasurer, maintain adequate books and records, or create policies and procedures to protect charitable assets as required by Minnesota law.  The organization entered into several conflicted transactions with Bigelbach and entities founded by him, including his for-profit sports facility management company, all without following statutory procedures for approving such transactions.  AIM also failed to register with the attorney general’s office (“AGO”) as a soliciting charity or charitable trust, a requirement for most Minnesota charities.  And, in 2022, the organization ceased all charitable activities without taking steps to formally dissolve the organization.

The Assurance of Discontinuance provides the public with transparency into AIM’s governance violations and requires AIM to dissolve voluntarily within 180 days of the court’s approval of the Assurance.

“Irresponsible financial management and conflicted transactions of the kind we saw at All In Minnesota are extremely disappointing and risk eroding public trust in the important work done by nonprofits,” Attorney General Ellison said. “We expect much better of our charities in Minnesota.”

After receiving a constituent complaint about AIM, the Charities Division investigated the charity under Minnesota’s civil nonprofit corporation and charitable trust laws, which require nonprofit directors and those who hold charitable assets to adhere to strict governance standards and fiduciary duties. In Minnesota, the Attorney General through the Charities Division has civil, not criminal, enforcement authority over the state’s nonprofit corporation and charitable trust laws.

The Minnesota Attorney General’s Office makes available a number of publications and pamphlets providing information about charitable organizations, charitable trusts, professional fundraisers, and nonprofit organizations generally:

• “A Guide to Minnesota’s Charities Laws” discusses key laws including the Minnesota Nonprofit Corporation Act, the Charitable Solicitation Act, and the Supervision of Charitable Trusts and Trustees Act, among other laws that require certain organizations to register with and provide notice to the Minnesota Attorney General’s Office.
• “Guide for Board Members” covers fiduciary duties of directors of nonprofit corporations and is meant to assist board members with the important responsibilities they assume when elected to a charity’s board of directors.
• “Nonprofit Organization Resources” contains a listing of resources covering charitable solicitation, professional fundraiser, and charitable trust registration, government agency contacts, and training and technical assistance providers.

Minnesotans with concerns about governance or other issues at a nonprofit may submit a complaint on the Attorney General’s website. Minnesota consumers may also contact the Attorney General’s Office by calling (651) 296-3353 (Metro area), (800) 657-3787 (Greater Minnesota), or (800) 627-3529 (Minnesota Relay).