I think there are circumstances in which the identity of the board members would make a difference as to the availability of this relief. However, in the event there is strong evidence of fraud and reason to think the funds could be clawed back, there’s a good chance you could get the injunction either way.
The other possible relief—which might be more of a state-law thing—would be a requirement that the nonprofit replace its board members, at least on an interim basis. The NY AG’s office obtained relief of that nature in a well-publicized 2019 case against a very well-known public figure’s foundation.
I think there are circumstances in which the identity of the board members would make a difference as to the availability of this relief. However, in the event there is strong evidence of fraud and reason to think the funds could be clawed back, there’s a good chance you could get the injunction either way.
The other possible relief—which might be more of a state-law thing—would be a requirement that the nonprofit replace its board members, at least on an interim basis. The NY AG’s office obtained relief of that nature in a well-publicized 2019 case against a very well-known public figure’s foundation.