Dear Sirs: A church is given a sum of money from a local donor and the church uses the money somewhere else, such as $25,000 given to build a new kitchen and the church uses the money to remodel two bathrooms. Is this a felony of misappropriation of funds?

-- Anonymous, February 15, 2001

Answers

I would say it would depend on how clearly the monies were designated when given. Was there written instructions as to how the money was to be used?

Helpful Hint: If you are ever going to leave money to a church, either designate what areas you want it used for Very Clearly... or don't ever make remarks about how you might want it used.

-- Anonymous, February 15, 2001

HBJ,

I would think that the severity of this circumstance would have to be dictated by State and Local Law. There may or may not be points of law broken by such conduct.

Either way, it shows extremely poor judgement on the part of the church. But Robin is correct in that if one wants to donate such sums to a church, they need to be careful in what they specify for the use of it. Howecer, the denotation designated for a new piano doesn't do much for the Kingdom if the church is in dire need of lighting, a bus, a building, etc. Either be judicious or else trust the Leadership to do the right thing with the funds.

-- Anonymous, February 16, 2001

Persons contributing money to a 501(c)3 corporation cannot control where the money goes unless there has been designated by the official controlling agency (elders or board) an account or fund for that purpose. If a person contributes toward the purchase of a new piano, but the elders/board have not decided to purchase a piano, then the donor has no legal say regarding the use of the money. The key word is "control." Morally, the church may need to give the money back, but legally they can use it any way they choose if it has been given for an unapproved project.

-- Anonymous, February 16, 2001