If I was the president of the board of directors of a small non-profit organization and took funds without authorization but paid them back, can charges still be filed against me?

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If I was the president of the board of directors of a small non-profit organization and took funds without authorization but paid them back, can charges still be filed against me?

The treasurer and myself had access to the bank account. I made some withdrawls but failed to report them to the treasurer, which led to some accounting issues. It was a mistake by not reporting it, however I reimbursed all funds in question and resigned from the board because it didn’t look good on my part.Even though I resigned and already made full restitution before resigning, the board is threatening to file charges against me. Is that something that can be done?

Asked on June 8, 2015 under Business Law, New York

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes, the board can still file a complaint and the state can still file charges. This is true whether or not you made full restitution. The fact is, you took the money without properly reporting it and that is potentially a crime. That having been said, your having repaid all monies will weigh in your favor. Without further facts of the case, it's hard to say more. At this point, you should consult directly with a criminal law attorney in your area. They can best advise you further.


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