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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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If a CEO is collecting money via credit card and depositing

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If a CEO is collecting money via credit card and depositing them in his own travel agency because he says that the 5001C 3 has no credit card facilities. He never revealed how many times he did this over last twenty years and whether he deposited that money to 501C 3 organisation or not. How do we report him or prove that he embezzeled money?
Thank you for your question. Please permit me to assist you with your concerns.

Oh, good grief. Did you ever pursue an audit or subpoena his financial records to review the transactions? When did you find out about this? What, if anything, have you done so far beyond research?
Customer: replied 3 years ago.

It is going on for 20 years. It is a medical charity organisation. He is refusing to submit accounts to audit. he is refusing to even show accounting to anyone. He has some friends in Executive board who support him and suffocate all wo wants to investigate.I found out about it when he himself admitted that he is doing it,in last board meeting of which I am a member.


Nothing has been done and I want to know what can I do?

Thank you for your follow-up, Bharat.

Are you yourself on the Board? Is there any reason why the organization was not set up to take credit card transactions, something that non-profits can routinely expose themselves to?
Customer: replied 3 years ago.

Yes I am on the board. Only he knows why it was not setup for credit card transaction.Yes I understand that it is routine. Maybe he is an outright embezzler? I want your suggestions as to what legal route I can take.


 

Thank you for your patience. There are a couple of options that are available to you.

What you would need to do is evaluate the articles of operation to see whether or not a board member is able to motion for a formal accounting and a review, and then have the board rule upon such a request. That is one option of how to compel the information from accounting since for a non profit especially this is what really defines whether or not the 501(c) can maintain eligible . Another may be to review the bylaws and see the procedure in seeking a formal request to the board for information. Finally there is a threat of lawsuit and a claim of a breach of fiduciary duty followed by a court-issued subpoena to disclose records. The latter is obviously fairly unlikely but it would be the step to take if the other party is refusing to adhere to Board demands.

Hope that helps and please let me know if you would like me to expand in greater detail on any of the options I mentioned.

Customer: replied 3 years ago.

He is not giving copies of bylaws to us. How do we go to court / Ask a lawyer to file a lawsuit?

Thank you for your follow-up, Bharat.

As this is a non-profit, by law it must be represented by an attorney. You would need to retain counsel, consider browsing the listings at www.avvo.com and www.martindale.com for competent counsel. Then, as members of the board of the non-profit you would have the authority to file such a suit against the other party and seek the records via subpoena.

Good luck.

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