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.