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Fraud in the Church – Part 1

What is fraud as it relates to the church? Fraud encompasses a broad range of corrupt activities. It is generally defined as a misappropriation of assets through mishandling of assets, fraudulent reporting and corrupt acts. Fraud is a crime. Yet, many of our churches have faced this issue in silence. They have chosen to “extend grace” to the perpetrator or demand restitution. Rarely are these fraudulent acts reported to the authorities.

Many churches fail to report fraud if it occurs in senior leadership because of the emotional toil it can take on the church. It is a moral failure and trust is broken with the leadership and the members. It takes a significant long-term negative affect on the congregation if it is not addressed quickly and effectively. The loss of trust erodes the foundation of the ministry. Congregants began to withhold their gifts or leave the church which places the ministry in crisis mode.

Small and medium sized churches are the prime targets for individuals to commit fraud. Small churches often have one or only a few volunteers willing to provide financial management support for the church. These environments have limited segregation of duties and provide ripe opportunities for misappropriations or stealing. Avoid these 3 red flags:

(1) One person has too much control and too much access to church funds.
(2) Only one person counts and deposits the money received.
(3) One person has access and the authority to sign checks.

Those who have the highest level of authority and the most access to church funds pose the greatest risk because they have more opportunity. There are many legal cases of fraud in churches by both genders, all ages, races and ethnicities. Fraud frequently goes undetected because we give too much control or access to individuals and use trust as an insufficient substitute for internal control procedures. Most pastors and congregants are not trained to recognize financial irregularities therefore basic internal control procedures must be implemented.

Brotherhood Mutual Insurance reports that embezzlement in churches is on the rise. It is reported that more than $70 billion dollars are stolen from churches worldwide each year and 80% of fraud is never reported. It has been said to me far too many times, that we know that individuals are “skimming” off the top within our church structure from the top down. Misappropriation is a fraudulent act and should not be covered up in our church environments.

Cynthia Gordon-Floyd is a certified public accountant and founder of Willing Steward Ministries, LLC. Willing Steward Ministries (http://www.willingsteward.com) is a financial consulting and accounting firm for churches and other faith-based non-profits and specializes in Bible-focused financial practices, pastoral compensation issues, IRS compliance, and other financial needs specific to churches. Cynthia is a graduate of Lake Forest College and received her Master of Business Administration in Accounting from DePaul University. She is a Steward and the Financial Secretary at the First AME Church of Manassas in Manassas, Virginia.

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How to Secure Bank Financing for your Church

During my corporate career, I was provided with a hands-on, trial-by-fire education in seeking financing, analyzing loan documentation and a clear understanding of how for-profit organizations deal with and manage their banking relationships. This background has proven invaluable as I serve churches in a banking environment frequently hostile to churches. We unknowingly contribute to this hostility when we approach banks poorly prepared. Our lack of preparation usually results in our loan application being declined. A significant portion of my financial ministry is spent with assisting churches with preparing to present themselves to banks for a refinance, purchase or building project. There are several things churches can do to present a well-prepared loan application that will yield results.

First, it’s important to understand that large loans are secured on cash flow, not relationships. Despite even long-standing relationships, banks will require a three-year financial history for your church which will include a 3-year Statement of Activities (Income Statement, for-profit term) and 3-year Statement of Financial Position (Balance Sheet, for-profit term). The bank will also ask for information about the pastor, senior leadership, church history and denominational financial responsibilities.

Next, you must know the applicable statistics for your church membership. Banks focus closely on the amount of debt requested per contributing member; this is one of the first calculations made to determine eligibility. Therefore, you need to know your number of giving units (contributing adults). You need to know how many persons are under 18 and over 65 years of age because these groups may not be able to substantially contribute, due to lack of employment or retirement.

Lastly, you need to have some money in the bank. Ideally, you should have twelve to twenty-four months of debt service (principal and interest) available in cash. As an example, if you want a $500,000 loan and you only have $5,000 in the bank then you do not have the cash flow to pay the debt service on the loan you are requesting. You should be able to show that you are able to consistently pay a lease or rent that is comparable to the new loan monthly debt service that you are requesting, and that you are able to grow your cash balances each month because you consistently have money left over. In other words, you need to show you have more than enough money to pay and you have a proven track record of spending less than you bring in.

Cynthia Gordon-Floyd is a certified public accountant and founder of Willing Steward Ministries, LLC. Willing Steward Ministries (www.willingsteward.com) is a financial consulting and accounting firm for churches and other faith-based non-profits, specializing in Bible-focused financial practices, pastoral compensation issues, IRS compliance, and other financial needs specific to churches. Cynthia is a graduate of Lake Forest College and holds her MBA in Accounting from DePaul University. She is a Steward and the Financial Secretary at the First AME Church of Manassas in Manassas, Virginia.

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The Importance of Reporting Financial Crime Within the Church

In a recent article, “Reporting Financial Crime as a Matter of Stewardship,” attorney, and C.P.A. Richard Hammar discusses why we should report financial crime.

A study of financial misconduct of 706 church leaders, found that one-third of them had experienced fraud and 70% of those chose not to report the incident to the authorities. The following reasons were provided for not reporting the incident:

  • They recovered the money without needing legal action.
  • They pursued restoration and forgave the perpetrator.
  • They wanted to protect the perpetrator and the reputation of the church.
  • Legal action was contradictory to their beliefs.

The Bible teaches us that we should not deal with our legal matters in a secular court of law. Without disputing the clear direction of the Word of God, it is still important for us to apply the value of the laws and God-given rights that protect citizens and support proper restoration.

When we choose not to report criminal matters within the church, there are several ramifications that prohibit proper restoration. First, the actual amount of the loss is usually far greater than the perpetrator admits. Professionals can investigate properly and determine the actual loss. Second, if there is no public record of the occurrence, it may subject another church to the same offender as there would be no record to show on a background check. Additionally, most embezzlers are also guilty of tax evasion, as they do not report the amount misappropriated as income. This provides another level of crime not dealt with in its proper manner. Even if the church chooses to forgive the matter, they should provide a 1099 to the individual for the loss so they are forced to pay income taxes on the amount taken.

Forgiveness and grace always have their place. Yet negating the law, and not allowing proper discipline to occur interferes with proper restoration for all involved. There is no Biblical reason for the church to cover up crime; in-fact, it can be a wonderful opportunity to show the importance of proper stewardship over their funding, as well as a chance for the public to witness the biblical restoration for the offender.
If we tolerate a lax internal control environment, we should not continue to be shocked and dismayed when our lack of oversight results in major loss and devastating life disruptions for the innocent. Accountability is our responsibility and our reasonable service.

Cynthia Gordon-Floyd is a certified public accountant and founder of Willing Steward Ministries, LLC. Willing Steward Ministries (www.willingsteward.com) is a financial consulting and accounting firm for churches and other faith-based non-profits, specializing in Bible-focused financial practices, pastoral compensation issues, IRS compliance, and other financial needs specific to churches. Cynthia is a graduate of Lake Forest College and holds her MBA in Accounting from DePaul University and is an A.I.C.P.A. certified non-profit accountant. She is a Steward and the Financial Secretary at the First AME Church of Manassas in Manassas, Virginia.

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Pastors Should Avoid the Pitfalls of Using Their Church’s Credit Card

In my consulting practice, I have found that many Pastor use the church credit card for business as well as some expenses that could easily be determined to be personal in nature. As a church financial secretary for 25 years, I fully understand the lure of providing the Pastor with a credit card so that his/her numerous needs can be met without the constant issuance of checks and receipt of expense reports forms.  Yet, the risks to the Pastor as well as the risks to the church far outweigh the perceived convenience.

The following are risks associated with personal use of a church credit card:

(1) Loss of tax-exempt status– Every 501c3 organization is established to benefit others and cannot exist to personally benefit any individual because of his/her position or level of influence.  The personal use of a credit card is a personal benefit and despite the repayment of any personal transactions, the availability of the card to the Pastor would be construed as private inurement.  This determination by an IRS official would result in the church losing its tax-exempt status.

(2) If the Pastor uses the church credit card for personal transactions and does not or can not repay the church for those transactions, these purchases as defined in Section 4958 of the IRS Code would be classified as excess benefit transactions.  The cumulative value would be taxable income but would also result in penalties of up to 225% of the actual value of the transactions. Section 4958 also states that board members who approved the Pastor’s personal use of the church credit card can be held liable for repayment and fined up to $20,000 each.

(3) Embezzlement– Unintentional and careless use of a church credit card frequently results in actual embezzlement.  This can occur without direct intent but if a Pastor stops to get gasoline on the way home knowing that he/she has a trip scheduled at the end of the week, the use of the vehicle for personal purposes in the interim period is an instance of embezzlement. An IRS agent would analyze each credit card transaction for its direct business purpose and use.  Without proper documentation, justifying every credit card transaction may be very difficult.  It has been documented that the lack of documentation, nature of the purchases and frequency of use and the lack of reimbursement to the church can and has resulted in criminal prosecution.

Cynthia Gordon-Floyd is a certified public accountant and founder of Willing Steward Ministries, LLC. Willing Steward Ministries (https://willingsteward.com) is a financial consulting and accounting firm for churches and other faith-based non-profits and specializes in Bible-focused financial practices, pastoral compensation issues, IRS compliance and other financial needs specific to churches. Cynthia is a graduate of Lake Forest College and received her Master of Business Administration in Accounting from DePaul University. She is a Steward and the Financial Secretary at the First AME Church of Manassas in Manassas, Virginia.

 

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Loving Others as I Love Myself

I am a member of a wonderful church school class that has open up Bible study to me in a way that has changed my life and my perspective immensely.  I have studied the Bible for all of our life literally but we truly don’t understand the Bible until we routinely apply it to ourselves and how we think, speak, live and interact with others.  In Galatians 5:14, we read “For all the law is fulfilled in one word, even in this; Thou shalt love thy neighbor as thyself.”  The Law as given to Moses is full of responsibilities for us as individuals that keep us on a straight path toward God but in Galatians, we are told that if we can simply love EVERYONE as we love ourselves, we have fulfilled the entire Law.  That’s amazing to me but as I concentrated on really what that verse is saying it is so very true.  I am very good at seeing the positive in my own actions.  I’m good at forgiving myself for doing things that I know I shouldn’t have done.  The list of areas where I provide grace to myself repeatedly is a very long list.  So, why can’t I do the same for others?  It’s simple yet very complicated because that forces me to look at others from an immediately sympathetic position when my natural inclination is more toward cynicism than understanding.  With God’s help, I choose to look at others from a better perspective than I have in the past.  Join me, please.