No. 1-99-0038.

729 N.E.2d 965 (2000)

313 Ill. App.3d 559

246 Ill.Dec. 314

PEOPLE of the State of Illinois, ex rel. James E. RYAN, Attorney General of Illinois, Plaintiff-Appellant, v. TELEMARKETING ASSOCIATES, INC., an Illinois business corporation, Armet Inc., an Illinois corporation, and Richard Troia, individually and as an officer, director and fiduciary of Telemarketing Associates, Inc. and Armet, Inc., Defendants-Appellees.

Appellate Court of Illinois, First District, Sixth Division.

May 19, 2000.

Attorney(s) appearing for the Case

James E. Ryan, Attorney General, Joel D. Bertocchi, Chicago (Floyd D. Perkins, Matthew D. Shapiro, of counsel), for Appellant.

Hopkins & Sutter, Chicago (Michael A. Ficaro, David B. Goroff, of counsel), for Appellee.

Presiding Justice ZWICK delivered the opinion of the court:

The Attorney General filed an Amended Complaint charging the defendants-appellees with common law fraud and breach of fiduciary duty. The amended complaint alleged that the defendants-appellees are professional fund raisers for charity who, over an eight year period, consistently retained more than 85% of the proceeds of their solicitations on behalf of an Illinois-based charity, VietNow Memorial Headquarters...

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