Can a person be charged with misappropriation of funds when they hadno access to the organization’s funds nor were any funds given to them?

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Can a person be charged with misappropriation of funds when they hadno access to the organization’s funds nor were any funds given to them?

A 501C3 is trying to see if they can press charges against one of their former board members for giving scholarships to families (that qualified just as any other family would) but did not follow a process that the president says existed but really did not. The board meeting minutes prove the process did not exsist. No monies were taken and there was no personal gain involved.

Asked on November 30, 2011 under Criminal Law, Oregon

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Whether or not a particular person that you are writing about can be charged with misappropriation of funds when they had no access to a charitable organization's funds and no funds were disbursed depends upon law enforcement's investigation of any claim of wrong doing and whether the district attorney's office is willing to file charges based upon the report of law enforcement.

From what you have written, there appears to have been no crime done warranting the filing of a criminal complaint. If there is a criminal complaint filed against the person you are writing about, he or she should immediately consult with a criminal defense attorney about the charge or charges.


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