- 11 - 2. The Foundation’s Compensation Committee In 2001, the foundation’s compensation committee, which was formed at the request of the attorney general of New York pursuant to the attorney general’s supervisory authority over charitable foundations in the State of New York,6 hired a compensation consultant, Pearl Meyer & Co. (Pearl Meyer), to evaluate reasonable compensation for Bergreen, Moody, and Davis and six other executives of the foundation and its subsidiaries. In October 2001, the compensation committee reviewed Pearl Meyer’s report and recommended that the foundation pay Bergreen $17 million as compensation for services he provided to HG under article 10 and for selling Gilman Paper Co. under article 12. Bergreen and Moody requested, and the compensation committee recommended, that Davis receive $5 million for his return from retirement and the successful turnaround and sale of Gilman Paper Co. The foundation’s board of directors approved the committee’s recommendation. F. Administration of the Estate in 2000-03 1. Allocation of $1 Million in Expenses to Income On November 6, 2001, the executors reported to respondent that they had agreed to pay legal fees totaling $3.6 million, 6 See N.Y. Est. Powers & Trusts Law sec. 8-1.4 (McKinney 2003) (attorney general has enforcement and supervisory powers over nonprofit entities); In re Estate of Shubert, 442 N.Y.S.2d 703, 712-713 (N.Y. Sur. 1981).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011