Connecticut Attorney General's Office
Press Release
Attorney General Announces Old Saybrook Police Chief Reimburses McMurray- Kirtland Fund $22,500
May 12, 2009
Blumenthal's findings include:
- Mosca exercised exclusive control over the McMurray-Kirtland Fund and its predecessor funds for more than 30 years, failing to keep accurate and complete records and failing to comply with state and federal charity registration laws.
- The McMurray Fund was initially established to benefit the young people of Old Saybrook, but over time its purpose changed to include support of the Old Saybrook Police Department. Although Chief Mosca stressed the Fund's support of youth activities, the amount devoted to this purpose declined sharply.
- Mosca disbursed funds to chiefs of police associations and cannot fully account for additional funds paid directly to him for other conferences and expenses.
"Money in these funds was used for purposes that seem inconsistent with the donors' intent," Blumenthal said. "With exclusive control over the Mac Fund, Chief Mosca used it for chiefs of police associations and other conference and travel expenses that were outside the fund's purposes. Incomplete and incompetent recordkeeping prevent a full present accounting of expenses and payments, but evidence shows there were expenditures inconsistent with the Mac Fund's purposes.
"The fund's problems were systemic and pervasive, over almost 25 years. The fund had no governance structure, no explicitly stated purpose, no recordkeeping or accounting. It was never properly registered with the state as a nonprofit charity or granted federal charitable status or 501(c)3 organization. It never did solicitations of contributions from the public.
"Chief Mosca's $22,500 payment reimburses the fund for disbursements made outside the purposes of the fund and for undocumented expenses, setting the stage for the charity's restructuring and revival. The chief of police will no longer exercise sole control over the fund's administration and disbursements. I will restructure the fund with the town of Old Saybrook and the Old Saybrook police department to assure that it will be properly managed in the future, distributing money in line with its stated purposes."
The investigation found that almost 40 percent of the fund's disbursements were used for computers, training, informant payments, citizen awareness programs and other legitimate law enforcement expenses. These expenditures were consistent with one purpose of the fund, to benefit Old Saybrook Police and public safety.
Chief Mosca cooperated in the investigation by voluntarily submitting documents and information in his possession.
The fund, which has assets of almost $50,000, has been held by the law firm of Reid and Riege since February, 2008. There have been no expenditures from the fund during Blumenthal's investigation.
Blumenthal's office will work with the town of Old Saybrook, the Old Saybrook Police Commission and the Old Saybrook Police Department to determine who will administer the fund and how.
During Blumenthal's investigation, his office learned that the fund improperly received a $64,000 bequest. Chief Mosca had no role in the improper awarding of the money.
Between 2000 and 2002, the Mac Fund received the $64,000 from a trust created by Helene Banta. The money is the Mac Fund's single largest source of money, constituting more than 39 percent of its total revenues.
Upon her death, Banta's trust specified that the $64,000 should be paid to the "Old Saybrook Policemen's Benevolent Association." No such group existed, although a similar organization, the Old Saybrook Policemen's Brotherhood association did. The trust's trustee, however, transferred the $64,000 to the Mac Fund without required court approval.
Some involved dispute the circumstances of the disbursement, but Blumenthal said that it's clear that a court should have approved the distribution. Blumenthal's investigation into the improper $64,000 payment is ongoing.