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Misuse of Company Funds & Liability

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LJones

Guest
I work for a small non-profit organization. An authorized part of my job, requires that I maintain the organizational checking account and pay accounts receivable. It has come to my attention during the last few months that the CEO and CFO are using the company credit card for personal expenses without reimbursing the company. I'm talking about airline tickets for girlfriends, purchase of clothing and art work, etc. The CFO also turns in expense reports for mileage, however he gets a car allowance monthly and he charges all gasoline products on the company card. The governing executive board of this organization is clueless about this behavior. There is also no auditing committee on the board. I am afraid that I may have some liability to the board because I have not brought these misuses of company funds to anyones attention. I also do not know if anyone on the board is realible. Sounds paranoid huh? Any advice would be greatly received and considered. Thanks
 


I AM ALWAYS LIABLE

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by LJones:
I work for a small non-profit organization. An authorized part of my job, requires that I maintain the organizational checking account and pay accounts receivable. It has come to my attention during the last few months that the CEO and CFO are using the company credit card for personal expenses without reimbursing the company. I'm talking about airline tickets for girlfriends, purchase of clothing and art work, etc. The CFO also turns in expense reports for mileage, however he gets a car allowance monthly and he charges all gasoline products on the company card. The governing executive board of this organization is clueless about this behavior. There is also no auditing committee on the board. I am afraid that I may have some liability to the board because I have not brought these misuses of company funds to anyones attention. I also do not know if anyone on the board is realible. Sounds paranoid huh? Any advice would be greatly received and considered. Thanks<HR></BLOCKQUOTE>


My response:

How long has this been going on? You're in a "Catch-22" situation because if you confront them yourself, you get fired. If you go to the Board, it get's back to them and you're fired. You may be liable as an "accessory after the fact" because what you are talking about are crimes. You should consider going to your local District Attorney's office, under the "Whistleblower Statutes" of your States' Labor Code, and let the D.A. conduct an anonymous investigation. However, later on, your name might come up if an indictment is made. Be aware, even if you do file a complaint, DO NOT take any documents to the D.A. because that would be considered theft. Merely, inform the D.A. of what's going on, and point the D.A. in the proper direction to where the information can be located for their investigation.

After you make your complaint, to the D.A.'s office, you may want to consider looking for a new job.

IAAL


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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 
L

LJones

Guest
I don't know how long this has been going on. I have been the Office Manager for less than 6 months. This non-profit organization has been in business for over 15 years. I have received advice from others I trust that perhaps getting the IRS involved may be fruitful. I know that without any proof, it would be my word against the CFO's and CEO's. It also dosen't help that the CEO is the mother of the CFO. What could the DA do? I understand that a non-profit organization has wide latitude in utilizing their funds.
 

I AM ALWAYS LIABLE

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by LJones:
I don't know how long this has been going on. I have been the Office Manager for less than 6 months. This non-profit organization has been in business for over 15 years. I have received advice from others I trust that perhaps getting the IRS involved may be fruitful. I know that without any proof, it would be my word against the CFO's and CEO's. It also dosen't help that the CEO is the mother of the CFO. What could the DA do? I understand that a non-profit organization has wide latitude in utilizing their funds.<HR></BLOCKQUOTE>


My response:

Theft and embezzelment are crimes. The money is supposed to go to charity. Taking money from a charity, beyond wages and administrative funds, is a crime. It's up to you to be proactive and not reactive in this matter. If it wasn't wrong, you wouldn't have written to us. They are using the organization as their personal "cash cow." It's up to you to take action, especially since you are now aware that crimes have been committed.

IAAL


------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."



[This message has been edited by I AM ALWAYS LIABLE (edited May 08, 2000).]
 

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