When donation money is used wrongly

DateClock icon11:14|How to

Understanding the laws and the rights of donors when questions arise over donated funds

Money donated by the Thai public is usually given with a clear purpose, whether to help people in need, support community projects, or fund charitable work. If those funds are used for something else, such as purchasing private property or building personal assets, the people responsible could face legal consequences. Depending on the circumstances, possible offences may include embezzlement, fraud, or even money laundering.

However, using donation money for the wrong purpose does not automatically mean money laundering has occurred. This is an important distinction that is often misunderstood. In simple terms, money laundering refers to making money obtained through unlawful activities appear legitimate. For that charge to apply, there must first be an underlying offence, sometimes called a predicate offence, before any attempt to hide, transfer, or disguise the source of the funds.

Recent embazzlement issue in Thailand

Public attention to the issue has increased following reports involving the ‘Ong Korn Tham Dee’ (องค์กรทำดี) Foundation. According to Thai media reports, the foundation chair filed a complaint on Nov 3, 2026, against her husband and several other individuals over allegations linked to fraud involving 50 million baht. Authorities are also examining the foundation’s financial transactions. Claims related to a pool villa remain disputed, and the case is still under investigation. No court has found anyone guilty.

Who does donation money belongs to?

Under the law, donated money belongs to the purpose for which it was given. People who manage those funds are expected to spend them accordingly. If an organisation wishes to change how the money will be used, it should do so transparently and keep proper records showing who approved the decision and why.

What is breaking the law?

Several laws may apply when donated funds are misused. Embezzlement occurs when someone who already has control of another person’s property dishonestly takes it for personal benefit or for someone else. Fraud involves obtaining money or property through deception or by hiding important facts. When such actions affect large numbers of people, authorities may consider public fraud charges.

Money laundering is different because it focuses on what happens after money is obtained through a criminal offence. This may involve transferring funds, hiding their origin, or changing their form to make them appear legitimate. The law is intended to prevent illegally obtained money from blending into the financial system unnoticed.

For organisations handling money on behalf of others, experts generally recommend a few basic steps. Use funds only for their stated purpose. Keep personal and organisational accounts separate. Maintain accurate financial records. Save supporting documents. Arrange for independent reviews whenever possible. These measures may not sound exciting, but neither does explaining missing money to investigators.

As a person who donates, what can you do?

Donors also have a role to play. Keeping transfer slips, receipts, and other donation records can be helpful if questions arise later. Anyone with concerns can make written inquiries, report the matter to relevant authorities, or contact the police through official channels. At the same time, it is wise to avoid making accusations on social media without evidence.

One common question is whether a single transfer of donation money for the wrong purpose automatically amounts to money laundering. The answer is no. Authorities must first determine whether an underlying offence occurred and whether there was an effort to conceal or move assets linked to that offence.

Another question often raised concerns the difference between fraud and embezzlement. A simple way to remember it is that fraud involves obtaining money through deception, while embezzlement involves misusing money or property that is already in someone’s care. Different legal definitions, but equally capable of creating a very bad day in court.

Staying cyber safe: Real-life lessons and precautions

Spot fake news? Ask us!