I read recently that certain Key men involved with the United Way (Charity Org) were experiencing some legal issues here in Canada. It seems that they didn't operate by the rules of the charity. Does the WBTS Society have any rules to abide by? Is there actually some abuse of our donations going to settle some of those legal issues? Does anyone have any facts about this?
Is There Really a Lawyer's Fund for Litigation?
by Connaughty 5 Replies latest jw friends
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llbh
Hi,
Iam not sure of the Law in Canada, in the founding document there should be a document called the Articles of Association or something similar, this will give an indication of the aims of the charity. It must also be borne in mind that trustees of the trust have what is called a fiduciary duty to the trust. They can and will be held accountable for any malfeasance. The level of accountability of any person has is commensurate with their office and expertise, presumed or real, hence Lawyers and Accountants are often sought after for such posts
As for the wtbs i have often thought that this is a real weakness on their part (we're back to education and training) they have few lawyers, i never met one, the level of training they offer to elders is woefully short on legal matters, and will and is costing them. Elders are ( at least in the UK) trustees and as such have certain legal responsibilities they could be held accountable for. Any lurkers who are elders please be aware. I knew when I went to University certain of my Lecturers who would not be trustees because of this , or would be certain that they new what they were letting themselves in for, and these people were Lawyers!!!
Will the wtbs get away with it? Possibly though I doubt it indefinitely, if I were an elder I would be very concerned. Insurance does cover you if you knowingly behaved improperly or ought to have known.
I hope this goes some way to answering your questions. i have just used a book that 700+ pages on trusts to refresh my mind on this, it is large and complex field!!
llbh
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Uzzah
In one child abuse case in Canada, Boer versus Watchtower, the main reason why the Watchtower was found negligent was that they didn't follow their own rules. The courts are hesitant to state what rules a religion should have but once they are stated, the courts can be used to enforce liability should they act against their own policies/process.
Uzzah
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Connaughty
Hey, thanks for the research LLbh. I think that the legal department in the US is very small now, but will probaly get larger as more things are brought to light.
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llbh
Hi Uzzah,
I said this was tricky, but like I said the wtbs sometimes walks on thin ice, particularly in their approach to child abuse cases. Hiding a or ring fencing their assets is no protection either as there is at least here a thing called tracing, whereby if it can be shown that body, or individual, deliberately hived off assets to protect them, these assets can be traced and seized. This is what happened to the RC church when culpability was established. Oddly enough the RC church seems to be better organised in this
llbh
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llbh
Hi Connaughty,
Their legal department is I think way to small and the wtbs is guilty of hubris on a large scale. The problem they have is they thought they would get away with it, they still do, I was talking to a brother recently ( some still talk to me) and he was telling of a family member who introduced correspondence from a solicitor into a meeting without the consent of the addressee or the solicitor, the person using it for his own ends. The elders allowed this!! This a big no no on all fronts. See what I mean and this is not even difficult to work out.
llbh