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Members of Greenwich parish receive summary of financial investigation
of former pastor; more than $400,000 in expenditures remain unsupported
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GREENWICH,
Friday, March 7, 2008, 4:00 p.m. - The Audit Committee of
St. Michael the Archangel Parish today released its summary
of the findings from the financial procedures review and investigation
conducted by two public accounting firms of the management of
Parish finances by its former Pastor, Fr. Michael Moynihan.
The Audit
Committee summary (below)
and a letter from Bishop William E. Lori (below)
were mailed to both parishioners and parents of Greenwich Catholic
School students.
"We regret
that, after more than a year of reviewing financial records and
discussing these records with Fr. Moynihan and his counsel, as
well as giving Fr. Moynihan every opportunity to substantiate
his claims that all the expenditures were for legitimate Parish
or School purposes, we can only conclude that Fr. Moynihan has
engaged in a pattern of self-dealing, deceit, and submitting falsified
and misleading documents to the substantial detriment of our Parish,"
say the members of the Audit Committee, in their summary sent
to parishioners and parents.
Lack
of Documentation
According
to the Audit Committee's summary, "of the approximately $2,100,000
in expenditures from two off-the-books accounts ... [during the
period between January 1, 2003, and July 31, 2006] ..., over $400,000
went to Fr. Moynihan's personal credit cards, to or for the benefit
of himself, and to organizations, individuals, and vendors for
which no third party written documentation (contracts, invoices,
correspondence, and authenticated confirmations) has been provided
to corroborate the expenditures as appropriate for the Parish
or the School."
The financial
procedures review of St. Michael Parish began in July 2006. Shortly
after this review had been scheduled, the Diocese of Bridgeport
was contacted concerning an FBI inquiry into two off-the-books
accounts at St. Michael's. Despite Fr. Moynihan's denials of any
off-the-books account, the Diocese immediately identified one
such account that had been opened by Fr. Moynihan two weeks after
the conclusion of the 2004 Diocesan financial review of the Parish.
While Fr.
Moynihan continued to deny the existence of any other off-the-books
accounts, Diocesan officials discovered the second off-the-books
account in late December 2006. Bishop Lori then demanded and received
Fr. Moynihan's resignation (for a detailed timeline of events,
click
here).
Conclusions
Reached
According
to its summary to parishioners, the Audit Committee is unanimously
of the view that Fr. Moynihan was treated fairly throughout this
process and was given more than ample time to justify his expenditures.
After reviewing both reports, the Audit Committee was unanimous
in concluding that Fr. Moynihan had:
- Made numerous
misrepresentations during this process, including repeatedly
denying the existence of the off-the-books accounts when asked
by Diocesan officials and representatives of the financial review
firm;
- Engaged
in inappropriate self-dealing with Parish funds, including making
large payments (often in round, thousand dollar amounts) to
his personal credit cards, and payments to himself and to cash;
- Submitted
falsified and misleading documents in an effort to support his
justification of expenditures, which severely hindered the progress
and completion of the investigation. These documents included
one bearing the purported signature of a former judge who denies
that the signature on the document was his or that he had seen
the document before;
- Grossly
mishandled Parish funds donated by Parishioners; and
- Failed
to share the results of the Diocese's February 2004 Financial
and Operational Review of the Parish with the former Parish
Finance Council, or to implement the financial recommendations
as he promised to do following the 2004 Review.
The Reports
have been provided to the U.S. Attorney for the District of Connecticut,
as was requested when the FBI alerted the Diocese in July 2006
to the off-the-books accounts maintained by Fr. Moynihan.
Financial
Progress
Over the past
year, while the investigation of Fr. Moynihan has proceeded, the
Diocese has made great strides in implementing a new system of
enhanced financial procedures and controls in all of its 87 parishes
throughout Fairfield County. Implementation of the "Six Key Elements,"
announced in November 2006, has involved clergy and lay parishioners
in a unique collaboration that has generated national attention
and praise.
Among the
achievements over the past 12 months are:
- All 87
parishes have undergone a financial procedure review by an independent
certified public accounting firm or by Diocesan Parish Finance
Services, depending on the size of the parish. This will become
an annual occurrence.
- Following
the review, a meeting of each Parish Corporation was held, to
share results and recommendations with the pastor, Lay Members
of the Parish Corporation, Parish Finance Council members, and
the Diocesan Director of Parish Finance Services.
- A new Parish
Administration & Finance Manual has been published and
distributed to all clergy, Parish Business Managers, Accountants,
and Bookkeepers, and the lay members of all 87 Parish Finance
Councils. Training sessions have been conducted on implementing
the procedures and standards in the new Manual.
- A new Internet-based
Parish Accounting System now links all 87 parishes with the
Diocese. The system offers real-time assistance and a new reporting
mechanism to generate quarterly and annual financial reports
for parishioners.
- A new,
comprehensive Parish Chart of Accounts was implemented to improve
parish management reporting. This enhancement assists pastors
and their staffs to better analyze their operating results on
an ongoing basis.
- A new Parish
Finance Program shows how clergy, religious, employees,
volunteers, and parishioners can communicate any concerns they
may have about parish finances.
For more
information on the "Six Key Elements," click
here.
-30-
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Letter
from Bishop William E. Lori, mailed to all members of Saint Michael
the Archangel Parish and parents of children enrolled in Greenwich
Catholic School
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Thursday,
March 6, 2008
Dear Parishioners
and School Parents,
The past
year has been very difficult for you and for me. We were all deeply
saddened and disappointed by events which led to the resignation
of Father Moynihan in January 2007 and a recent news story which
brought to the fore serious questions of personal propriety. During
this past year, every effort was made to enable Father Moynihan
to keep his promise to justify numerous undocumented expenditures.
Sadly, as the attached report from the Parish Audit Committee
indicates, these efforts were met with repeated denials, resistance,
and obfuscation. Unfortunately, as you will see, significant funds
were grossly mishandled and misused. The same pattern of behavior
surfaced when Father Moynihan was confronted with what appeared
to be an improper personal relationship: his steadfast denial
of any impropriety coupled with his failure to keep his promise
to me to terminate any association with the individual. This dual
breach of trust has given scandal: it has caused division in the
parish and community, threatened the faith of believers, and impeded
the mission of the Church. We stand in need of healing.
While trust
is sometimes broken in every walk of life, it is especially sad
and distressing in the priesthood. After all, we priests are called
to represent Christ not only by Word and Sacrament but indeed
by the witness of our lives. This includes integrity, a relatively
simple lifestyle, and both the reality and appearance of chaste
celibacy. Yet because of Christ's love for His People, the Church
is much larger and sturdier than the failures of any one individual.
God's mercy helps us see the goodness and integrity of the vast
majority of priests and to seek reconciliation within the parish
community and with those we believe have wronged us. The Lord's
love also provides the clearest light in which to view the utterly
unremitting efforts for more than a year of the Parish Audit Committee
as well as the Diocesan Chancellor and CFO to ensure you would
receive a fair and accurate report. I greatly appreciate both
their efforts and also their noble motives which were directed
to the goal of arriving at the truth.
After all,
the decisions which must be reached with regard to Father Moynihan's
future cannot be based on rumor or opinion, even if widespread,
but on the truth, as nearly as it can be ascertained. As St. Paul
taught, our common goal should be "to do the truth in charity" (Ephesians 4:15). On no other basis can justice be done and healing
charity be offered. On no other basis can we achieve healing and
reconciliation as individuals and as a parish family.
Regarding
Father Moynihan's future, as previously indicated, the copies
of the reports from the accounting firms are being turned over
to the U.S. Attorney's Office and government officials will determine
what action, if any, is warranted in response to his actions.
I have removed Father Moynihan's authorization to function publicly
as a priest. I expect him to honor his promise of restitution
to the parish. To that end, I expect that the Parish Audit Committee
will play a role. In the meantime, please pray for Father Moynihan
and his spiritual well-being. I know that feelings are strong.
Whatever our feelings, let us seek reconciliation as the Lord
taught us.
I urge you
to read and study the report from the Parish Audit Committee of
the Parish Finance Council summarizing the findings of the reports
from the two public accounting firms. One firm conducted the financial
review and the other conducted a forensic investigation. Registered
parishioners may review these reports upon request to the members
of the Parish Audit Committee. There will also be opportunities
for you to ask questions regarding this matter.
Finally,
I would note that St. Michael's is served by wonderful priests,
beginning with your Pastor, Monsignor J. Peter Cullen. He began
his ministry among you in difficult circumstances but he continues
to show that he has your best interests at heart. With the dedicated
assistance of the parish clergy and an extraordinary team of parish
lay leaders, he has accomplished many things. For example, the
membership of the Parish Council and the Finance Council was greatly
expanded. Monsignor works very closely with those advisory bodies
as also with the lay members of the parish corporation and the
School Board of Greenwich Catholic School. A few nights ago I
met with the combined Parish Finance Council and Parish Council;
I was very impressed by their expertise, wisdom, and deep love
for St. Michael's Parish and the Church. In addition, Monsignor
Cullen also hired an experienced parish business manager; parish
finance and management decisions are being handled properly. He
has also greatly strengthened the parish RCIA program (Rite of
Christian Initiation of Adults) - the means the Church provides
for those adults who wish to become Catholics. He revitalized
the Men's Association and continues to support the Women's Association,
launched a new youth group, continues to give renewed attention
to the Religious Education Program, and much more. Building on
the team of lay leaders already serving St. Michael's with great
effectiveness, Monsignor is seeking to expand lay involvement
in the parish and warmly welcomes your help. Together with Monsignor
Cullen, you are served by Fathers Connolly, Cutler, and Bejan
as well as a full time priest-chaplain at the school and several
visiting priests. In fact, St. Michael's may be served by more
priests per parishioner than almost any other parish in the United
States! Please offer these good priests your support as well as
your time and talent as with my full support they seek to bring
about healing and renewal in your parish and in the community
at large.
With all my
heart, I thank you for your patience throughout this long ordeal,
for I know it has been an extremely trying time for you and the
whole parish/school community. Not a day has passed during this
past year without my praying earnestly for you and your parish
and school, as well as all those impacted by this difficult situation.
I ask you to pray for me, for Monsignor Cullen, and for all priests,
including Father Moynihan. May the Lord unite us in His love so
that we may focus more clearly and ardently on the mission He
has entrusted to His Church.
Faithfully
in Christ,
Most
Reverend William E. Lori, Bishop of Bridgeport
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Summary
of the Audit Committee of the Parish Finance Council of Saint Michael
the Archangel Parish, mailed to all parishioners and to parents
of children enrolled in Greenwich Catholic School
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Thursday,
March 6, 2008
Dear Parishioners:
As members
of the Audit Committee of the Finance Council of St. Michael the
Archangel Parish (the "Parish" or "St. Michael") we write to inform
you that two accounting firms -- one that performed a review of
financial procedures at St. Michael Parish including the transactions
in the two "off-the-books" accounts maintained by Fr. Michael
Moynihan in the name of the Parish (the "Financial Review Firm")
and one that performed a forensic investigation regarding certain
expenditures from those off-the-books accounts (the "Forensic
Investigation Firm") -- have issued their long-awaited reports
("The Reports") concerning their reviews of our Parish's
finances for the period January 1, 2003 to July 31, 2006.
Throughout
this process we have kept the Parish Finance Council and Parish
Pastoral Council updated as to the progress of the review, and
we have briefed them on the findings of The Reports.
Before discussing
the findings of The Reports, we feel it is important that
you know the following:
- Greenwich
Catholic School (the "School") accounts were not involved in
this review and there was no indication of misuse of School
funds. The School was last audited in 2005 and has had an experienced
business manager for 20 years.
- St. Michael
now has an experienced business manager and an outside accountant.
With Msgr. J. Peter Cullen, the Parish Finance Council has overseen
the implementation of the prescribed Diocesan financial controls
and procedures, including those addressing the weekly offertory.
- The fact
that Fr. Moynihan has been leasing an apartment in Manhattan
for many years was not taken into consideration in performing
the financial review or forensic investigation as Fr. Moynihan
did not disclose, nor were the Parish Audit Committee or Diocese
otherwise aware, of its existence until the review was completed.
The financial
review of St. Michael began in July 2006. During the course of
the financial review, Fr. Moynihan, personally and through his
legal counsel, provided numerous submissions in an attempt to
substantiate questionable expenditures and withdrawals of money
from the two off-the-books accounts. These off-the-books accounts
had been hidden from the former Parish Finance Council and the
Diocese.
We regret
that, after more than a year of reviewing financial records and
discussing these records with Fr. Moynihan and his counsel, as
well as giving Fr. Moynihan every opportunity to substantiate
his claims that all the expenditures were for legitimate Parish
or School purposes, we can only conclude that Fr. Moynihan has
engaged in a pattern of self-dealing, deceit, and submitting falsified
and misleading documents to the substantial detriment of our Parish.
Of the approximately
$2,100,000 in expenditures from the two off-the-books accounts
during the above-noted period, over $400,000 went to Fr. Moynihan's
personal credit cards, to or for the benefit of himself, and to
organizations, individuals and vendors for which no third party
written documentation (contracts, invoices, correspondence and
authenticated confirmations) has been provided to corroborate
the expenditures as appropriate for the Parish or the School ("corroborating
documentation").
Of the remaining
expenditures approximating $1,700,000 from the two off-the-books
accounts, corroborating documentation was received for approximately
$900,000. Fr. Moynihan was given the benefit of the doubt for
an additional approximately $800,000 in disbursements either because
the expenditures were made to the same parties for which corroborating
documentation had been received for other expenditures or because
they were payments to individuals or vendors known generally by
Parish representatives to have provided goods or services to the
Parish or School at some point. These amounts included payments
for both the Parish and the School and were for construction and
related professional services, equipment, liturgical art, catering
and other services and compensation for employees. We offer no
opinion as to the reasonableness of the amounts paid.
We have concluded
that Fr. Moynihan grossly mismanaged Parish funds, and diverted
Parishioner contributions into two off-the-books accounts. Further,
his claims that funds paid to him from these accounts were to
reimburse him for purported out-of-pocket expenses related to
the Parish and the School were not corroborated.
The completion
of the review was hindered and the issuance of The Reports
delayed by: a pervasive lack of adequate documentation, Fr. Moynihan's
repeated denials of the existence of a second off-the-books account,
his refusal to provide complete access to personal bank records,
his misrepresentation that he had only one personal checking account,
his submission of false and misleading documentation, and his
changing and conflicting explanations for various expenditures.
The disbursements
from the off-the-books accounts included payments to Fr. Moynihan's
personal credit cards, payments to and for the benefit of himself,
and payments to cash. Fr. Moynihan maintained that checks from
the off-the-books accounts to his personal credit cards in excess
of purported Parish or School-related credit charges, and payments
to himself, were in lieu of reimbursing him for alleged Parish
and School -- related out-of-pocket expenses he paid for with
his own personal funds.
To evaluate
the letters and explanations Fr. Moynihan provided for these and
certain other expenditures from the off-the-books accounts, the
Forensic Investigation Firm was engaged in September 2007. The
Forensic Investigation Firm performed forensic procedures in examining
the letters provided by Fr. Moynihan that purported to substantiate
his claims concerning the payments to his credit cards, himself
and cash. The Forensic Investigation Firm was also engaged to
consider the changing and conflicting explanations proffered by
Fr. Moynihan for other certain disbursements from both off-the-books
accounts.
The review
of the purported substantiating letters and explanations submitted
by Fr. Moynihan identified numerous discrepancies that ranged
from false statements to contradictory explanations that lacked
necessary corroborating evidence. In lieu of corroborating documentation,
Fr. Moynihan instead provided misleading and inaccurate purported
substantiating letters. Furthermore, the Forensic Investigation
Firm did not find evidence in Fr. Moynihan's personal checking
accounts that corroborated his position that excess payments to
his personal credit cards were indirect reimbursement for expenditures
of his personal funds.
After reviewing
The Reports, along with the supporting documentation,
we are unanimously of the view that Fr. Moynihan was treated fairly
throughout this process and was given more than ample time to
justify his expenditures. As this process concludes, we have also
unanimously concluded that Fr. Moynihan engaged in a pattern of
self-dealing, deceit and submitting falsified and misleading documentation
by:
- Making
numerous misrepresentations during this process, including repeatedly
denying the existence of the off-the-books accounts when asked
by Diocesan officials and representatives of the Financial Review
Firm;
- Engaging
in inappropriate self-dealing with Parish funds, including making
large payments (often in round , thousand dollar amounts) to
his personal credit cards, and payments to himself and to cash;
- Submitting
falsified and misleading documents in an effort to support his
justification of expenditures (including a document bearing
the purported signature of a former judge who denies that the
signature on the document was his or that he had seen the document
before);
- Grossly
mishandling Parish funds donated by Parishioners; and
- Failing
to share the results of the Diocese's February 2004 Financial
and Operational Review of the Parish ("2004 Review") with the
former Parish Finance Council or to implement the financial
recommendations as he promised to do following the 2004 Review.
Our conclusions
are discussed in more detail in our Summary of the Reports attached
to our letter.
As The
Reports indicate, and this letter reflects, various questions
remain unanswered and considerable additional inquiry could be
undertaken. Given the substantial undertaking necessary to attempt
to answer all questions (along with the cost and uncertainty of
being able to secure all necessary documentation) and that:
- neither
the accounting firms, the Diocese nor the Parish have subpoena
power with which to compel the needed personal and other documentation;
- Fr. Moynihan
is no longer associated with our Parish;
- the new
and expanded Parish Finance Council is actively assisting Parish
Msgr. Cullen in overseeing Parish finances and the implementation
of the recommendations from the 2004 Review along with the new
policies and procedures set forth in the Diocese's revised Parish
Administration & Finance Manual;
- the United
States Attorney for the District of Connecticut will be provided
copies of The Reports as it requested when the FBI first alerted
the Diocese to the off-the-books accounts maintained by Fr.
Moynihan and the review first began;
we have asked
that The Reports be issued now as opposed to conducting
further inquiry. While copies of The Reports will be
provided to the United States Attorney, the Government will make
its own determination whether to conduct its own investigation
into these matters.
We are available,
on request, to discuss this process and to review The Reports
with any Parishioner registered with the Parish as of the date
of this letter.
Very truly
yours,
Members
of the Audit Committee of St. Michael the Archangel Parish:
Joseph Quinn
Timothy J. Joyce
Thomas S. Shilen, Jr.
AUDIT
COMMITTEE OF ST. MICHAEL'S PARISH FINANCE COUNCIL
SUMMARY OF REPORTS
BACKGROUND
The first
report, prepared by the Financial Review Firm, summarizes the
account activity and associated findings regarding the two off-the-books
accounts in the name of the Parish maintained by Fr. Moynihan.
These findings were reviewed with Fr. Moynihan and his counsel
in early August 2007. Fr. Moynihan then represented, as he had
previously, that all the expenditures (other than two minor ones
he had previously reimbursed), of approximately $2,100,000 in
total, were appropriate expenditures for the benefit of the Parish
or the School. Shortly thereafter, Fr. Moynihan began to provide
additional documentation, including letters, purportedly to support
his claims regarding over $400,000 in expenditures that lacked
corroborating documentation. In addition to the submissions provided
since the review began in July 2006, additional submissions were
provided by Fr. Moynihan from August 2007 through January 2008.
It became
evident that the submissions, coupled with the changing and conflicting
explanations provided by Fr. Moynihan, warranted deeper scrutiny.
The Forensic Investigation Firm was engaged in September 2007
to perform forensic procedures and to analyze the various explanations
and submissions provided by Fr. Moynihan in his effort to support
expenditures from the off-the-books accounts that he characterized
as legitimate Parish or School expenses.
CONCLUSIONS
The
Reports demonstrate that Fr. Moynihan made numerous misrepresentations
regarding the off-the-books accounts and related expenditures
and engaged in a pattern of deception throughout the review process:
- Shortly
after the financial review of St. Michael was scheduled, in
July 2006, the FBI called inquiring about the two off-the-books
accounts. Fr. Moynihan denied the existence of any off-the-books
accounts when questioned by Diocesan officials following that
call. After Diocesan officials identified the off-the-books
account at Greenwich Bank & Trust ("GB&T"), which was opened
two weeks after the 2004 Review, Fr. Moynihan denied to the
Financial Review Firm and to Diocesan officials the existence
of any other off-the-books accounts and even certified, in writing
on August 17, 2006, that there was only one Parish operating
account. "
- In late
December 2006, Diocesan officials identified another unrecorded
account: this one maintained at Bank of America ("BOA").
- The BOA
account was opened in 1972, before Fr. Moynihan's arrival at
the Parish. It appears that Fr. Moynihan had the BOA account
removed from the Parish's general ledger in approximately 2002
following Bishop Lori's directive that each parish maintain
only one operating account. Significantly, Fr. Moynihan continued
to utilize the BOA account on a regular basis until July 2006
and actually conducted transactions therein within days of denying
the existence of such an account when questioned by Diocesan
officials.
- Once the
accounts were identified by Diocesan officials, Fr. Moynihan
provided conflicting and inaccurate explanations for their existence.
At one point, Fr. Moynihan claimed that the GB&T account was
established for the purpose of receiving restricted funds, but
funds deposited into that account do not appear to have been
contributed solely for specific purposes or projects. He also
indicated that the GB&T account began with a project to enhance
the School and Parish property and was a means of funding the
equestrian program without inflating the School's costs. However,
the initial GB&T disbursements were to Fr. Moynihan's personal
credit cards, to himself or for the benefit of himself, for
restaurant expenditures, and to various individuals unrelated
to the equestrian center.
- Fr. Moynihan
also claimed that he had not disclosed the existence of the
GB&T account to prevent the Diocese from using such funds to
settle abuse claims. Yet, in fact, the global settlements for
abuse occurred in January 2001 and October 2003, well before
Fr. Moynihan opened the GB&T account in 2004. And, as well known
among the clergy and publicized by the Diocese, funds for abuse
settlements came solely from insurance and the sale of Diocesan
real estate.
The
Reports demonstrate that Fr. Moynihan engaged in inappropriate
self-dealing with Parish funds, including making large payments
(often in round, thousand dollar amounts) to his personal credit
cards, issuing checks to himself and to cash, and co-mingling
Parish and personal funds as summarized below:
Over $400,000
in payments from the two off-the-books accounts went to Fr. Moynihan's
personal credit cards, to or for the benefit of himself, to cash
and to organizations, individuals and vendors for which no corroborating
documentation has been provided.
CREDIT
CARD PAYMENTS
- Payments
of approximately $284,000 were made directly to Fr. Moynihan's
personal credit cards: approximately $153,000 from the GB&T
and $131,000 from the BOA accounts.
- When the
first off-the-books account (GB&T account) was discovered in
July 2006, Fr. Moynihan noted on his personal credit card statements
what items he claimed were legitimate Parish or School expenses.
These items totaled approximately $116,000. Of the $116,000
in charges, corroborating documentation was provided for approximately
$3,000 and $33,000 of charges were to vendors who were known
generally to have provided services to the Parish or School
from time to time. For the remaining $80,000 in charges, there
was neither corroborating documentation provided nor were the
charges from known Parish or School vendors.
- When Fr.
Moynihan initially provided his explanations for the alleged
Parish and School-related credit card payments from the GB&T
account, the second off-the-books-account (BOA account) had
not yet been found. After that account was discovered in late
December 2006, and the additional $131,000 in payments to his
personal credit cards from this account were identified, Fr.
Moynihan needed to provide explanations for this $131,000 in
personal credit card payments from the BOA account as well as
the remaining $37,000 in "excess" payments ($153,000 less $116,000
claimed charges) from his GB&T account, for a total of $168,000
in "excess" credit card payments.
- In various
letter submissions, Fr. Moynihan provided multiple explanations
for these excess payments. Most of these explanations were generic
in nature and lacked corroborating documentation.
- Fr. Moynihan
also claimed that some of the off-the-books payments to his
personal credit cards in excess of what he claimed were Parish
or School related credit card charges were indirect reimbursement
for payments he claimed he made with personal funds for Parish
or School expenses. Specifically, he maintained that $93,000
of these excess payments were indirect reimbursements for various
items including stipends for other priests, work on Parish and
School properties by four individuals, janitor work for the
Parish and School by multiple individuals, furniture for his
bedroom at the rectory, and contributions to religious orders.
- While Fr.
Moynihan provided some documentation to demonstrate that certain
parties received funds, no corroborating documentation was
provided to support his assertion that these amounts had been
paid from his personal funds. The Reports show that his
personal bank activity does not support his claims that he made
any of the approximately $93,000 in payments from his personal
funds.
- Of the
$168,000 in excess credit card payments, the Forensic Investigation
Firm found none were adequately corroborated or explained by
Fr. Moynihan.
PAYMENTS
TO CASH, SELF, OTHERS/VENDORS
- Approximately
$88,000 in checks was paid to "cash" or to "Fr. Michael Moynihan".
Fr. Moynihan provided the same explanation for most of these
payments as he had for his credit card payments: that these
checks were reimbursement for Parish or School related expenditures
that he claimed he had paid with personal funds. Of this amount,
approximately $61,000 was not adequately supported or explained
by Fr. Moynihan. While Fr. Moynihan submitted some documentation
to support that certain parties received funds, again no corroborating
documentation was provided to support his claim that these payments
were from his personal funds.
- Another
approximately $4,600 in payments were for his personal benefit.
- Over $102,000
in payments from the off-the-books accounts were to individuals
or vendors where the Parish or School benefit or purpose has
not been substantiated including to a livery service, to restaurants
and for travel expenses. No corroborating documentation was
provided for these payments.
Fr.
Moynihan submitted misleading explanations and falsified and misleading
documentation in an effort to justify expenditures from the off-the-books
accounts. A few examples:
- Among the
expenditures, approximately $11,000 was paid to a tax-exempt,
non-religious organization of which Fr. Moynihan is a member.
Initially, Fr. Moynihan explained that these payments were for
scholarships.
- In support
of this claim, Fr. Moynihan submitted a document purportedly
signed by a former judge who serves on the organization's Scholarship
Committee. When interviewed by the Forensic Investigation Firm,
the former judge denied that the signature on the document was
his or that he had seen the document before. In addition, the
former judge told the Forensic Investigation Firm that he had
not authorized anyone to sign the document on his behalf.
- The Forensic
Investigation Firm then sought Fr. Moynihan's membership records.
Once the Forensic Investigation Firm obtained the records and
determined that the majority of these payments were not for
scholarships but for Fr. Moynihan's organizational dues and
food and beverage charges, Fr. Moynihan acknowledged that his
prior explanation was "inaccurate." He then claimed that these
charges were related to Parish and School fundraising activities,
for Pre-Cana instruction dinners, and for meals at the organization's
Scholarship Committee meetings.
- Another
example: To justify a $1,000 payment to himself that he represented
was reimbursement for a scholarship payment he had made from
personal funds, Fr. Moynihan submitted a letter from a school
parent confirming that her child had received a $1,000 scholarship
for the School. Upon further review, the Forensic Investigation
Firm learned that the child had received a $1,000 scholarship
but the source of those funds was the Home School Association,
not Fr. Moynihan's personal funds.
- Another
example: Fr. Moynihan claimed that $6,000 in "excess payments
to his personal credit cards" was indirect reimbursement
for personal funds he donated to a religious order. That
order confirmed that while contributions had been received from
the Parish years ago, no contributions were received from Fr.
Moynihan or the Parish in the years in question.
- Another
example: One of the many payments to his personal credit cards,
this one for $5,000, from the BOA account, was explained as
a "rectory/Church" expense by Fr. Moynihan. This was coincident
however with a $5,000 charge on that credit card for a large
personal item.
SOURCE
OF PERSONAL FUNDS
- Despite
his representation that he had only one personal checking account,
in fact Fr. Moynihan maintained at least two. Complete records,
including deposit information, were not provided for the second
personal checking account so the source of funds into that account
cannot be ascertained. Records of disbursements from that account
are incomplete and the copies are illegible in many cases and
were not provided directly from the bank.
- The Forensic
Investigation Firm did not identify sufficient evidence to support
Fr. Moynihan's claims that he had sufficient personal funds
from his salary, stipends and gifts to make out-of-pocket payments
on behalf of the Parish or School.
- Fr. Moynihan
claimed that one source of his personal funds was gifts from
a trust for an elderly sick aunt and uncle (recently deceased)
for which he served as trustee. In an attempt to corroborate
Fr. Moynihan's claims regarding gifts from the family trust
and family members associated with the trust, the Forensic Investigation
Firm interviewed one beneficiary of the trust (representing
himself and three other beneficiaries) and his counsel. In these
interviews, according to the Forensic Investigation Firm, the
beneficiary and his counsel challenged Fr. Moynihan's administration
of the trust and the propriety of his actions as trustee including
his use of $58,000 in trust funds to purchase a boat, and other
payments from the trust for Fr. Moynihan's benefit and to organizations
associated with Fr. Moynihan (including St. Michael's). According
to the beneficiary and his counsel, Fr. Moynihan refused to
provide the beneficiaries with an accounting of the trust assets.
- Fr. Moynihan
acknowledged he had access throughout his tenure at the Parish
to the weekly cash offertory until it was counted on Monday
mornings. According to the Forensic Investigation Firm, certain
large deposits were made in even dollar amounts into Fr. Moynihan's
personal bank accounts on Mondays and Tuesdays. (Subsequent
to Fr. Moynihan's resignation as Pastor, the Parish has instituted
tighter controls over offertory in compliance with Diocesan
procedures.)
The
Reports cite numerous instances that demonstrate
Fr. Moynihan's gross mishandling of Parish funds, including:
- As a result
of inadequate documentation associated with contributions from
donors deposited into the off-the-books accounts, it cannot
be confirmed whether there were any restrictions associated
with such funds and whether such contributions were expended
for their intended purposes.
- Significant
sums were disbursed to a college from Parish funds. While Fr.
Moynihan claimed that he received corresponding contributions
specifically intended for these disbursements, he has not provided
sufficient corroborating documentation to support his claims.
Accordingly, we are unable to confirm whether Fr. Moynihan raised
all such funds or instead used Parish funds for such purposes.
Fr.
Moynihan violated established Diocesan policy by: maintaining
off-the-books accounts, failing to maintain adequate records,
failing to share the results of the 2004 Review with the former
Parish Finance Council, and failing to implement the recommendations
from the 2004 Review which included:
- Hiring
a competent Parish accountant.
- All payments
should be supported by invoices.
- Checks
should never be payable to cash.
- Budgets
should be prepared and entered into the accounting system.
- Annual
financial reports should be made to the Parish on a timely basis.
- Proper
employee documentation and filings should be maintained in personnel
files.
Finally, we
confirm that, beginning in March, 2007, a reconstituted Parish
Finance Council has been assisting Msgr. Cullen in implementing
the recommendations from the 2004 Report as well as the new policies
and procedures set forth in the Diocese's revised Parish Administration
& Finance Manual.
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