State Suit Seeks Dissolution Of Fraudulent Child Protection Agency

Attorney General Spitzer today announced a lawsuit seeking dissolution of a society for the prevention of cruelty to children that does not engage in any legitimate child protective activities and that fraudulently misrepresents itself as a police entity and its members as New York State officials.

The Society for the Prevention of Cruelty to Children of the County of Kings, Inc. is a private, not-for-profit entity. Contrary to its stated mission to prevent cruelty to children and enforce child protection laws, the lawsuit alleges that the Society does not engage in any legitimate child protective work, yet it solicits contributions as if it did and engages in egregious misconduct that misleads the public to perceive it as a police entity and subdivision of the State.

"The actions of this organization weaken the authority of legitimate police departments and government agencies," Spitzer said. "The Society’s conduct here is contrary to public policy and constitutes an abuse of the special powers of a society for the prevention of cruelty to children."

The Society is not affiliated with the State of New York or any police agency. However, an investigation by the Office of the Attorney General concluded that the Society and its former head, Burton Borkan, distributed to members badges, identification cards, and parking placards that misused the State of New York seal and name. The badges issued by the Society also closely resemble New York City Police Department badges.

In 1998, the Attorney General’s office entered into an agreement with the Society in an attempt to resolve concerns regarding the manner in which the group and its members held themselves out to the public. The Society agreed not to represent itself as affiliated with the State or as a police agency. The Society also agreed that its members were not in any way permitted to act or appear as police officers. Despite these promises, the Society, its members, and Mr. Borkan continued to misrepresent themselves as police officers and State officials. Based on these violations, in 2001 a State Supreme Court Justice entered a consent judgment containing the same provisions and prohibitions as the 1998 agreement. Despite the court order, the Society, its members, and Mr. Borkan continued to misrepresent themselves as police officers and State officials.

Acting New York State Commission of Investigation Chair G. Kevin Ludlow said: "The State Investigation Commission has been investigating the many problems surrounding these so-called child protective organizations for several years. We will continue to collaborate with other law enforcement agencies to abate this type of fraudulent activity."

The lawsuit, filed in State Supreme Court, New York County, seeks to halt the Society’s distribution of illegal badges, identification cards, and parking placards, and to dissolve the Society.

The case is being handled by Special Litigation Counsel Robert Pigott of the Charities Bureau and Assistant Attorney General Stacy P. Aronowitz of the Public Integrity Unit, and was investigated by Investigator Lawrence McDonald of the Investigations Bureau.