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BBB says Hornbeck Foundation still hasn't released information

This article first appeared in the St. Louis Beacon: July 7, 2008 - Frustrated by repeated efforts to get financial and other information from The Shawn Hornbeck Foundation, the Better Business Bureau today criticized the charity for "delays in filing required reports and failure to be transparent to the public."

The foundation is headed by Pam Akers, the mother of Shawn Hornbeck; vice president is Craig Akers, the boy's father. The boy's 2002 disappearance and subsequent rescue five years later in Kirkwood made international headlines and prompted the startup of the foundation in 2003.

In a statement, the St. Louis Better Business Bureau office said that following inquiries from donors it had tried unsuccessfully several times to obtain information on the operations of the foundation.

"The BBB believes any organization publicly soliciting for funds should be transparent. BBB standards are used to evaluate charities based on adequate governance and oversight, measurable effectiveness, finances and fundraising materials. The BBB believes that a lack of cooperation may demonstrate a lack of commitment to transparency and prevents the BBB to adequately respond to donors' inquiries."

Jim Judge, who oversees, the BBB's Charity Information Service here, said that Akers telephoned the BBB office today, shortly after Akers learned the bureau's statement.

"He seemed apologetic; it seemed like he wanted to work with us," Judge said. 

"He said he was putting something together for us."

Judge said he considered the BBB statement a warning to the public.

"It's a way to try to wake people up and let them know they need to ask questions before they donate," Judge told The Beacon.  He said the BBB has no specific information indicating there are any problems with the organization, simply that the information has not been forthcoming.

The Beacon first reported the foundation's ongoing problems with the BBB in May. 

At that time, Akers said the foundation would begin getting information to the BBB "right away.

"That's something we need to take care of," Akers said then.

In the five weeks that followed, the BBB says it has received no additional information from the foundation.

In a statement issued Monday afternoon, Craig and Pamela Akers said that participation in the BBB charity standards program is "entirely voluntary," but the bureau has "nevertheless singled out the foundation for failing to participate.

"It is very discouraging to think that our financial transparency is being drawn into question."

They said in the statement that the charity has been working "feverishly" to tighten administrative controls and meet the administrative requirements of the state and federal government. She said the foundation has been run entirely by volunteers; no one has received a salary from the foundation.

In its statement, the BBB said the foundation operates out of the Hornbeck home at 10112 Wolf Road in Richwoods, Mo. The BBB notes that the house was donated to the family by a local homebuilder.

The BBB also said if the organization has more than $25,000 in annual revenue, federal law requires that it file a Form 990 report with the Internal Revenue Service. It is not clear whether the organization has received that much money in a single year.

The BBB also noted that the foundation has not registered as a nonprofit organization with the state and has twice had its nonprofit status revoked by the Missouri secretary of state's office for failing to file an annual report.

The foundation's website says it continues to hold fundraising events, offer fingerprinting programs for children and accept donations online.