The problem of abuse of the foundation device in fact contains a socio-legal issue more important than the mere question of whether a particular instrument is valid or invalid. It poses a question that may well affect the future history of this nation. In effect the issue is this :Does this nation, or does it not, desire or permit an hereditary aristocracy of wealth based on amoral manipulation of forms and legal rituals, while the government turns a blind eye to it? Our immediate problem here is the epidemic of misuse of the "charitable foundation" as a device to perpetuate ownership and control by an "hereditary aristocracy of wealth." That is a symptom of serious moral disease. Not only repressive, but also curative measures are needed.
Howard L. Oleck, Foundations Used as Business Devices, 9 Clev.-Marshall L. Rev. 339 (1960)