How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Marsha411JD Your Own Question

Marsha411JD
Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 17145
Experience:  Licensed attorney with 28 yrs. exp. in criminal law
19127644
Type Your Criminal Law Question Here...
Marsha411JD is online now
A new question is answered every 9 seconds

If accused of misuse of funds but the foundation for which

Resolved Question:

If accused of misuse of funds but the foundation for which the misuse wsa supposedly to supports the one being accused can a prosecutor still take it to trial? I am being accused by someone outside of the foundation for misuse of funds but the foundations itself has no problem with me or how I dispersed the funds in question. Just curious if I need a lawyer or if this will not go anywhere
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Marsha411JD replied 1 year ago.
Hello,

Thank you for the information and your question. Where did the funds come from and does this foundation take any public money, like grant money? What relationship does the complainant have to the money or the foundation? Need a bit more information about that.
Customer: replied 1 year ago.

A previous foundation was sold and the sale of this foundation donated the funds to the current foundation. We have not taken any money except for the 16000 in question. The complainant is an outsider He is not on the board for the current foundation but was on the previous board that was sold.

Expert:  Marsha411JD replied 1 year ago.
Hello again and thank you for that, but I still need to know if the foundation takes public funds, including grants, and if the 16000 could contain public donations or funds.
Customer: replied 1 year ago.

I dont konw what public funds means. We are a non profit organization and plan to do fund raisers and such but as to this date we have not. So no one from the public has given us money to date.

Expert:  Marsha411JD replied 1 year ago.
Alright, thank you. I was trying to ascertain where the 16000 originally came from. I understand they came from the other foundation, but was trying to find the original source. In any event, yes, the prosecutor can still files charges for embezzlement or fraud, if either of those have occurred, whether the holder of the funds wants to press charges or not. That is because all crimes are considere crimes "against the State" and although there may or may not be specific victims, it is the people of the State in general that crimes are prosecuted to protect. That is a little convoluted, but as an example, a victim of domestic violence might not want to press charges against her husband or boyfriend, but the State can still go forward with those charges if they have enough evidence, since the laws are to protect society as a whole.

All that said, if the foundation doesn't believe that any bylaw or statute has been violated, then they can make their position aware to the prosecutor and the prosecutor might not proceed unless there is some clear violation of public trust. For example, people make donations and the foundation has a fiduciary and legal duty to use the funds for the reasons stated in their Charter. If they don't, then there might be criminal or civil liability.

So, although I can't guess what is happening in your case, if you are approached by law enforcement, you should definitely decline to make a statement and contact a local criminal defense attorney.

Please let me know if you have any specific follow up questions for me. I would be glad to assist you further if I can.
Customer: replied 1 year ago.

So if I was arrested for this the board can write a letter to the prosecutor stating they are behind me and knew where the funds were being dispersed to and that will help my case? I am being accused of misuse of funds, because I would write checks to myself and then give the people we helped cash. I realize it sounds suspicious but its really what happened. However, because it looks like I got the money instead of giving it to others I'm being investigated. However, the board always knew what I was doing and never had a problem with it. But the outsider does not like me and when he found out how I was donating money he accused me of taking it for myself.

Expert:  Marsha411JD replied 1 year ago.
Yes, the Board could advocate on your behalf with the prosecutor. You are right though that the way in which the money was handled is not proper money handling for a foundation. However, if you can establish that the money went where it was supposed to go, then the State probably wouldn't even go any farther with this.
Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 17145
Experience: Licensed attorney with 28 yrs. exp. in criminal law
Marsha411JD and 5 other Criminal Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
< Last | Next >
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/retiredlawyer/2012-6-6_19326_franL.64x64.jpg Fran L.'s Avatar

    Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2079
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/NA/nathanmoorelaw/2011-5-31_21375_headshotbig.64x64.jpg Nate's Avatar

    Nate

    Lawyer

    Satisfied Customers:

    1625
    Over 10 years of criminal defense practice.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Lawyer

    Satisfied Customers:

    1434
    30 years legal experience
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    1418
    16 yrs. of experience including criminal law.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1380
    Licensed attorney with 27 yrs. exp. in criminal law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Lawyer

    Satisfied Customers:

    1300
    Experienced in multiple areas of the law.