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?

UPDATED: Nov 30, 2011

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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


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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