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Crime Solicitors

Charity Commission finds charity was used for fraud (29 March 2016)

Date: 29/03/2016
Duncan Lewis, Crime Solicitors, Charity Commission finds charity was used for fraud

The Charity Commission has published a report of inquiry into the Yoruba and Cultural Heritage charity, after concerns were raised as to whether the charity had operated for the public benefit – and whether the trustees were guilty of mismanagement or misconduct.

The charity was registered with the commission in July 2012 and its objectives were to advance the education of the public in the Yoruba language, heritage and culture.

The commission opened a case in August 2013, after being contacted by an online donation platform. Concerns were raised that payments made to the charity were fraudulent, as they had been made without the credit card holder’s knowledge.

In November 2013, a different online donation platform raised further concerns with the commission regarding potentially fraudulent payments – both companies had attempted to contact the charity, but did not receive any response.

Further enquiries by the regulator uncovered that the bank statement submitted to the commission on registration was fraudulent – and that 12 cheques to the value of £14,070 had been paid to two of the charity’s trustees.

As a result, the commission escalated its engagement with the charity and opened a statutory inquiry in April 2014.

The inquiry wrote to the six individuals listed as trustees for the charity – however only two individuals responded. The inquiry found no evidence to connect these individuals to the charity and it is believed their identities were stolen. Despite efforts, the commission was unable to locate or contact the two trustees who had received funds from the charity.

The inquiry concluded that the failure of the trustees to account for the charitable funds they had received amounted to misconduct and mismanagement. The provision of false information to the commission was also an offence under the Charities Act 2011.

The commission passed its concerns to Action Fraud and the police – and removed the charity from the register in March 2015, as it was no longer operating and to reduce the risk of future abuse.

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