A School Athletic Department Attempted to Cash a Booster Clubs Check Knowingly

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RMillz

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A legal issue has arisen in a ice hockey parents club registered as a non-profit corporation in the State of NJ. Hostile actions by some Board Members had led to the forced the resignation of 2 other board members, the treasurer and the president due to a verbal argument the treasurer had with one of the coaches. this was a decision made by a personal vendetta without consulting the consensus of the membership. The 2 members conceded fro their term was to expire in 45 days anyhow. The problems arose when the hostile remaining Board member and a hand picked volunteer for a new board position started asking for the funds without the proper legal transfer taking place. The treasurer is the registered agent of the corporation as well as the incorporator and simply wanted all legal ties to her name removed from the club/corporation. Multiple requests for a new registered agent, a physical address as well as a complete Board of 5 must be in place at the time of filing the Annual report and change in registered agents. they refused over and over but wanted the money. The State of NJ recommended dissolution due to this hostility and subsequently it was dissolved with written acknowledgement from the newly appointed Vice president. The remaining funds amounted to $27,126.00 and a bank check was drawn written payable to a new booster club as outlined in the by-laws for the school intends to over see the program next year. the problem is here...2 members of this Board (really there is no board if the corporation has been dissolved) have no idea what they are doing....bur they wanted the money. Neither is willing to take their time and put out any fees to register a newly formed booster club in order to cash the check. Prior to releasing the check the treasurer had the appointed vp sign for the check indicating he was to start a newly formed booster club and that he held her harmless and release her of any and all liability that may arise form the old club and any future clubs that may offer ice hockey at that school. Now they hold onto the check for 3 weeks without informing the membership of the status of funds. After several inquiries from the membership the treasurer sent an email informing them that she no longer has their funds and they were turned over 3 weeks prior. He is where it gets good...I get a call today form the bank that the check was drawn informing me that the schools athletic department was trying to deposit it into their activities account. This check was not made payable to them and these funds are the property of the ice hockey clubs membership. These 2 men took the money and decided on behalf of the membership that they would relinquish their hard earned money to the school. Is this fraud? is the school and these 2 men guilty of fraud also..or attempting to launder money? they had no way to access the money for they never created a new booster club so they decided to have the school cash it for access it. All WITHOUT the memberships knowledge or permission. The bank did notify me that htey ruled the check non-negotiable and declined to process it...isnt the school guilty of fraud for endorsing the back of the check with a different name than the payee? Please advise...
 
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Your account of things could leave one go believe it's fraud. It could be conversion. It might just be considered a garden variety theft. Whatever it might have been, it never became.

Why?

The effort was thwarted by the bank. That makes it an attempt to do "X", not "X".

If you believe a crime was committed, take the information you possess about the crime to your local prosecutor or police agency. They'll let you know what "X" is (or isn't) in your jurisdiction.
 
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