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Board culture actively suppressed meaningful dialogue between membership and board officers/senior management Board leadership abdicated their fiduciary obligations and accountability to the UWNCA s senior management Board agendas were staff driven, and board meetings contained very little substantive discussion Who Were the Governmental or Law Enforcement Authorities Whose Intervention Brought the Crisis to a Conclusion Law enforcement arrested Mr Suer for embezzlement PriceWaterhouseCoopers completed an exhaustive forensic audit, which would have been even more voluminous if the auditors had been given access to the carloads of material that Mr Suer took upon his departure from the UWNCA, and had been given access to Mr Suer s close associates The associates refused to cooperate with the PWC auditors on advice of counsel What Was the Estimated Cost of the Crisis The UWNCA lost their lucrative contract to handle the CFC The organization also was the subject of Congressional inquiry, and drastically reduced its staff, replaced its entire board and senior management, and closed most of its branch locations Describe the Adverse Publicity The ongoing events as the crisis unfolded were described in the Washington Post, Chronicle of Philanthropy, and other print and media outlets Describe Who Lost Their Job and/or Was Prosecuted Oral Suer, former CEO, was prosecuted His successor, Norman Taylor, was dismissed The entire board was replaced Was There a Forensic Audit or Other Review to Recap the Economic Damages Following the crisis, PWC was engaged to conduct a forensic audit of the UWNCA s books The PWC Executive Summary cites two issues that significantly limited their investigative ability: Inability to interview all relevant key personnel: Several of the former staff or Board members with whom we requested interviews were unavailable Other former staff also did not return our calls, including Anthony Vallieres, former Chief Financial Officer (CFO) Lack of availability of records: As certain aspects of our FAI [Forensic Accounting Investigation] (ie, Mr Suer s compensation) spanned a long time period (approximately 30 years), it is natural that records prepared contemporaneously
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Root Cause Analysis Part I: Three Nonprofit Crises
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with the events under review would not have been retained in the normal course of business Furthermore, a UWNCA staffer informed us that Mr Suer was seen removing documents when he left UWNCA The nature of these records is unknown In addition, the state of organization of UWNCA s records, particularly in earlier periods, is disorganized and not optimal, as there was no index of stored records, nor was there a formal records retention policy, and some of the documents we sought were simply never located by either PWC or UWNCA The complete audit is a 200+ page document The following is a sample of the PWC FAI findings:
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We have found evidence that Mr Suer apparently requested and received payments from UWNCA throughout his tenure at the organization, which appear to have been clearly above and beyond his normal Board-approved compensation Mr Suer s Board-approved compensation included his regular annual salary, 24 days of annual leave per year, 18 days of sick leave per year, and $10,000 per year in deferred compensation We found that he obtained these additional amounts via a number of different methods, most authorized or approved by Mr Suer himself without any documented outside approval/scrutiny These apparent excess payments were made through annual leave exchanges, advances, deferred compensation payments, and other various means We found, according to the best available documents, that the total taxable compensation received by Mr Suer appears to have been far greater than his Board-approved salary We determined that this difference apparently exceeds $270,000 We developed a listing of all manual payroll checks payable to Mr Suer Based on the description from the check stubs, we also assigned a category to the payment This total was roughly $37 million before considering repayments We also found personal checks written to Mr Suer for exchange of annual leave that were used to satisfy his personal UWNCA contribution/pledge obligation Mr Suer had his donations sometimes withheld from the exchange of annual leave cashed out Two additional checks were also found relating to Oral Suer s UWNCA pledge contributions These checks were payable to Oral Suer and total $9,000 The description on the check stubs reads, Refund of 1988 pledge payment We also learned that upon Mr Suer s retirement, UWNCA entered into a contract with him for consulting services The terms of this contract called for a monthly payment of $6,000 to Oral Suer and up to $5,000 per month in expenses Mr Suer received $6,000 per month between January 2001 and January 2002 when the contract was terminated Mr Taylor, his successor, informed us that Mr Suer provided little in the way of personal services to earn that amount, and Mr Taylor believed it to be more in the manner of a not-to-compete agreement During his tenure, Mr Suer also held six different American Express Corporate Cards The total amount charged on these cards between 1974 and 2002 was $248,95215 Beginning in 1997, UWNCA expense account numbers were assigned to each line item on the American Express bill
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