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Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 20395
Experience:  Licensed attorney with 29 yrs. exp. in criminal law
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If accused of misuse of funds but the foundation for which

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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

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 4 years 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.

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 4 years 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.

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 4 years 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.

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.
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