Case study in dealing with molestation accusation in a local church

Image courtesy of DollarPhotoClub.com
Image courtesy of DollarPhotoClub.com

Church Law & Tax has a long (3,600 word) article providing a detailed case study of how one church handled an accusation of improper (and illegal) contact between an adult youth worker and a minor in the church.

All pastors and church leaders ought to read the article and file it away.

The article explains how the situation was discovered, evolved, and how the church handled each stage of the crisis.

The most valuable part of the article for me is an attorney discussing the situation at each stage and assessing how the church responded at each step.

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A few more labor law issues to keep your eyes on

Image courtesy of DollarPhotoClub.com
Image courtesy of DollarPhotoClub.com

Here are a few changes in labor law likely in the near future and a couple more issues on the distant horizon.

Nearest are proposals to make more people subject to overtime pay and classify more people as employees instead of independent contractor.

You can find more info from Accounting Today:  Labor Department Driving Changes Accountants Need to Know About.

Overtime

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Filing deadline for FBAR moving from June 30 to April 15

If you, or your ministry or business, own an overseas financial account, you are required to file an FBAR annually. This is also called a Report of Foreign Bank and Financial Accounts, or Form 114. This would also include accounts for which you have signature authority.

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Life is complex. Helping people even more so.

Complicated road. Image courtesy of DollarPhotoClub.com
Image courtesy of DollarPhotoClub.com

Helping people move out of poverty is extremely complex. Every part of a culture and economy is tied to every other part. Changing one part could result in some unanticipated change another part. Or another issue may immediately surface as a block to any progress.

I don’t have any answers to the questions raised by the following articles. I am trying to work through these issues. Join me as I ponder.

About deworming medicine…

The complexity of helping is illustrated by this article at Vox on 7/28: Worm wars: The fight tearing apart the global health community, explained. Three main points I draw from the article:

First, there may be other factors that deserve credit for some portion of the effect of deworming medicine. Thus it isn’t merely passing out bunches of pills that makes things better.

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Primer for local churches on legal and finance issues from Church Law & Tax

A 21 page e-book, Protecting our Ministry with Integrity, is available from Church Law & Tax, which is the writing platform for Richard Hammar. If you are new to leadership in the church world, he is one of the leading writers on legal issues in the community.

At the price of signing up for future sales pitches (when you consider the quality of the resources available, that is a really low cost), you can read about: (more…)

On Unintended Consequences – giving away consumer goods and banning plastic bottles doesn’t do what you would expect

 

consequences facing facts and accept consequence of acts take and face responsibilities
Image courtesy of DollarPhotoClub.com

One frustrating feature of life is that things are so complex. Doing something to help people or make things better can have unrelated impacts that offset any benefit.  Sometimes doing good stuff can make things worse.

That is called unintended consequences. Here are two more examples.

Giving away free consumer goods may not make life better for poor people…

7/23 – Vox – Buying TOMS shoes is a terrible way to help poor people – Add this article to the vast and growing body of articles explaining that the buy-one-give-one-to-poor-people way to end poverty is doing little to help and might be doing a lot of harm.

Amongst the many points made: (more…)

Who might want to look more closely at the four paragraph summary of valuation issues in the FTC complaint against four charities? 13

Federal Trade Commission Building in Washington, DC. - Picture courtesy of DollarPhotoClub.com
Federal Trade Commission Building in Washington, DC. – Picture courtesy of DollarPhotoClub.com

There are four paragraphs in the FTC complaint against four cancer charities that summarizes the issues raised by the FTC. These paragraphs cover the main issues about valuation of GIK that have been under discussion in the NPO world for several years now.

These issues do not just apply to the four named charities.

The issues are not limited to the secular cancer charities.

These issues actually apply to a large number of high visibility religious charities. The issues may have drop out of news coverage, but they have not gone away.  I hope those who have ears that are able to hear, will hear.

Who might want to take a second look at the FTC’s summary?

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Details on FTC enforcement action against four cancer charities – 12

Federal Trade Commission Building in Washington, DC. - Picture courtesy of DollarPhotoClub.com
Federal Trade Commission Building in Washington, DC. – Picture courtesy of DollarPhotoClub.com

This is the twelfth in a series of posts diving into the detail mentioned in the complaint by FTC and all Attorneys General against four named cancer charities.

This is the fourth post on a series of paragraphs in the complaint addressing valuation of donated medicine.

The complaint can be found here. My posts in this series are visible using the FTC tag.

  1. By reporting these GIK transactions as contributed revenue and program expenses, at inflated values, Corporate Defendants represented themselves to be both larger and more efficient than they actually were. They obscured the high percentage of donated funds spent on, among other things, for-profit fundraisers, executive salaries, and employee perks, and concealed the very small amounts spent on the charitable purposes described to donors. As a result, the Forms 990 and other documents filed by Corporate Defendants with the IRS and state regulators, and made publicly available to consumers, were false and misleading.

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Details on FTC enforcement action against four cancer charities – 11

 

Marble panel on FTC building in DC. Photo courtesy of DollarPhotoClub.com
Marble panel on FTC building in DC. Photo courtesy of DollarPhotoClub.com

This is the eleventh in a series of posts diving into the detail mentioned in the complaint by FTC and all Attorneys General against four named cancer charities.

This is the third post on comments in the complaint addressing valuation at an overall level.

The complaint can be found here. My posts in this series are visible using the FTC tag.

On the impact of the allegedly misstated information: (more…)

Details on FTC enforcement action against four cancer charities – 10

Marble panel on FTC building in DC. Photo courtesy of DollarPhotoClub.com
Marble panel on FTC building in DC. Photo courtesy of DollarPhotoClub.com

This is the tenth in a looooong series of posts diving deep into the detail mentioned in the complaint by FTC and all Attorneys General against four named cancer charities.

The complaint can be found here. My posts in this series are visible using the FTC tag.

This is the second post discussing allegations in the complaint asserting that the financial statements of the charities were misstated. Four paragraphs summarize the problems the FTC has with the accounting for donated medicines.

  1. Corporate Defendants obtained the paperwork they used to claim these figures for just the cost of the payment to INTERMEDIATE (which included both INTERMEDIATE’s fees and shipping costs). For example, in connection with a 2011 shipment to Guatemala, CFA reported contributed revenue and corresponding program expense of over $8 million, but only paid INTERMEDIATE a fee of $50,550. For one 2010 shipment to Ghana for which CCFOA reported contributed revenue and program expense of over $3.8 million, CCFOA paid INTERMEDIATE just $39,960. In addition, for a 2011 shipment to Honduras for which BCS reported contributed revenue and program expense of at least $3.8 million, BCS paid INTERMEDIATE just $28,120. Although Corporate Defendants used such transactions to add hundreds of millions of dollars in program expenses to their financial reports, these “programs” existed entirely on paper. Corporate Defendants did not possess the goods and played no role in their overseas distribution. They hired no additional staff to manage these multimillion-dollar international GIK programs and in most instances spent virtually no staff time on them. In addition, the very high dollar values associated with these transactions largely resulted from overvalued pharmaceuticals.

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Frequently asked questions about the overhaul of Nonprofit accounting

FASB has released three in a series of FAQs about the exposure draft that will drastically change accounting for all nonprofit organizations.

This discussion is cross-posted from my other blog, Attestation Update, since the overview of the massive changes will be helpful to accountants in the nonprofit community.

  • The first Q&A provides background and general discussion. One of the main goals of the exposure draft is to improve reporting and disclosures about liquidity. The FAQ links to the exposure draft and a May 2015 webcast discussion.
  • The second Q&A goes into some detail on specific issues.
  • The third Q&A explains some alternatives available within the exposure draft.

Watch for more FAQs in the future.

Details on FTC enforcement action against four cancer charities – 9

Federal Trade Commission Building in Washington, DC. - Picture courtesy of DollarPhotoClub.com
Federal Trade Commission Building in Washington, DC. – Picture courtesy of DollarPhotoClub.com

This is the ninth in a series of posts diving deep into the detail mentioned in the complaint by FTC and all Attorneys General against four named cancer charities.

The complaint can be found here. My posts in this series are visible using the FTC tag.

This is the first post in a series discussing allegations in the complaint asserting that the financial statements of the charities were misstated. Paragraphs 127 through 130 provide a condensed summary of the massive concerns the FTC has over the accounting for GIK shipments. There are severe accusations embedded in these four paragraphs.

To give you a hint where the FTC is going with this section, my paraphrase of the last sentence of paragraph 130 is the FTC alleges that the charities’ audited financial statements and 990s as provided to the IRS, state regulators, and the general public were “false and misleading.”

Deceptive Impact of Reporting GIK Transactions

  1. The increased contributed revenue and program spending Corporate Defendants reported – collectively over $223 million – had the effect of diminishing the reported percentage of revenue they spent on fundraising and administrative costs and increasing the proportion of reported expenses they spent on program services, making Corporate Defendants appear more efficient to donors than they actually were. Thus, the reported international GIK revenue for the five years from 2008 through 2012 resulted in CFA’s reported fundraising expenses being 25.4% of total contributions. In reality, 67.4% of consumers’ donations (including revenue from CSS), or 82.9% without counting CSS’s “contributions” to CFA, were spent on fundraising. For the same period, CCFOA used its international GIK revenue to report fundraising expenses of 47% of total contributions. In reality, 81.5% of consumers’ donations were spent on fundraising. Similarly, BCS reported fundraising expenses of 29% of total contributions, while in reality 84.6% of consumers’ donations were spent on fundraising. Corporate Defendants also used the inflated contributed revenue amounts when choosing purported “comparable organizations” for setting their executives’ pay, thus improperly increasing the Individual Defendants’ salaries.

You might wonder what’s the big deal if a charity records a GIK shipment when it should not, as alleged by the complaint. Revenue is increased by the valuation of the shipment and expenses are increased by the same amount. Impact on the bottom line, or change in net assets, is zero.

Why does it matter?

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“What if small churches aren’t a problem to be fixed?” Encouragement for pastors of small churches.

There are opportunities for ministry with a congregation that can fit inside this building that aren't possible in a megachurch. Photo courtesy of DollarPhotoClub.com
There are opportunities for ministry with a congregation that can fit inside this building that aren’t possible in a megachurch. Photo courtesy of DollarPhotoClub.com

Christianity Today is Introducing “Pivot”. Their comment:

We’re rolling out a new blog with a big mission: to equip and inspire small church pastors.

So much of the literature and resources for local churches is focused on big churches. Built into most of the discussion is the idea that you have to grow. There’s something wrong if you are the same size this year as last year. The larger the attendance, the better the church.

Where does that leave pastors with a flock of 50 or 125 faithfully in the pews each week?

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Details on FTC enforcement action against four cancer charities – 8

Federal Trade Commission Building in Washington, DC. - Picture courtesy of DollarPhotoClub.com
Federal Trade Commission Building in Washington, DC. – Picture courtesy of DollarPhotoClub.com

This is the eighth in a series of posts diving into the detail mentioned in the complaint by FTC and all Attorneys General against four named cancer charities. The complaint can be found here. My posts in this series are visible using the FTC tag.

This is the second of two posts on comments in the complaint addressing valuation at an overall level. Next discussions will go into detail of valuation issues by charity.

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Employee vs. Independent Contractor – Dep’t of Labor proposal would changed definition of employee

 

Employee time sheet
Picture courtesy DollarPhotoClub.com

In response to the rapid growth of what is called the “gig economy” or freelancers, the Department of Labor has issued an interpretation which tightens the definition of who is an employee.

I think it would be wise for the finance team and leadership of charities to look at this issue.

While this is aimed at companies like Lyft, Uber, Airbnb, and any other tech company that pays freelancers on an ad hoc job-by-job basis, it clearly applies to traditional businesses. This applies to charities.

It might be wise to think about how your charity is handling the independent contractor issue.

The Wage and Hour Division of DOL issued Administrator’s Interpretation 2015-1 (access to this copy provided by the WSJ.)

The Wall Street Journal explains Employees vs. Independent Contractors: US Weighs In on Debate Over How to Classify Workers.

The WSJ article explains that DOL believes many independent contractors should be moved to employee status. The DOL believes the definition of employee is far broader not only than what many employers believe but is even broader than what many courts have ruled.

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