I'm inclined to agree with commentators like Marco Tosatti in yesterday's post that pressure from the US legal system will probably be a better route to limiting any mischief Francis can create. Per O'Brien:
As an ex officio member of the board of cardinals which controls the Foundation, McCarrick advocated and voted four times to approve an extraordinary, expedited grant of $25 million to the Vatican, in order to help it bail out a scandal-plagued dermatology hospital that it controls, the Istituto Dermopatico dell’Immacolata (IDI) in Rome: first in executive session in June 2017, then at the Foundation’s annual meeting in December 2017, again in January 2018, and finally in April 2018.O'Brien then lists at length circumstances under which the foundation board has not operated under legal definitions of "good faith" in disbursing grants, in particular by not confirming with the ultimate grantees whether they actually received the amounts designated in the foundation's grants. The basic problem is that the foundation sends the grant money to the Vatican Secretariat of State, which passes it on to the grantee. The clear issue is whether, as a possible example, the foundation granted the Secretariat of State $200,000 for a school project, but the school received only $20,000, with the remainder going elsewhere.During at least the latter three votes, then-Cardinal McCarrick knew that he was under a Vatican-authorized investigation, carried out by the Archdiocese of New York, for sexually molesting a boy. According to a source with first-hand knowledge of the matter, McCarrick knew by October 2017 at the latest that he was under investigation. Because the recipient of the $25 million grant was the Vatican, which was the very entity that would determine McCarrick’s fate as a result of the investigation it authorized into his conduct, McCarrick appears to have had a manifest and gross conflict of interest in considering the grant request in the best interest of the Papal Foundation. McCarrick stood to benefit personally if, by helping to secure $25 million for the Vatican, he could win leniency in how it handled his sex abuse case.
Under Pennsylvania law, the directors of non-profits such as the Papal Foundation are under an obligation to disclose material conflicts of interest to their organization’s directors and officers, and to recuse themselves from board decisions in which their conflict of interest is implicated. McCarrick failed to make any disclosures to the Papal Foundation’s board or to recuse himself from board decisions, according to people present at the board meetings in 2017 and 2018.
In late 2017 Cardinal Wuerl tasked the Foundation’s legal counsel to review its operations and bylaws for legal compliance. In a letter dated December 29, 2017, a copy of which was provided to me by a person involved with the Papal Foundation, its own attorneys identify five problem areas in the Foundation’s operations and procedures. Two of these were particularly important: first, an apparent general failure to confirm that the ultimate recipients of its grants were operated in a fashion analogous to US public charities; second, an apparent general failure to obtain meaningful audits or accountings of how grant beneficiaries spent the money they received. The Foundation’s attorneys concluded this assessment with an injunction, “There must be some accountability for the Board to satisfy itself that funds are indeed expended for charity.”O'Brien raises questions about whether approving or directing Papal Foundation grants was a factor in McCarrick's rise, as well as that of other McCarrick protégés.The cardinals’ board of the Papal Foundation apparently distributed its charitable grants in a manner that made them remarkably vulnerable to fraud and embezzlement, and in so doing, the board appears to have contravened its own bylaws, and thus violated Pennsylvania civil law as well. The Foundation’s chosen partner in distributing grants, the Vatican’s Secretariat of State, has a longstanding reputation of financial mismanagement. In recent years the Secretary of State himself, Cardinal Parolin’s predecessor Cardinal Tarcisio Bertone, was personally involved in misappropriating $500,000 in charitable assets to double pay a contractor friend to renovate his Vatican apartment, and also in directing millions of dollars from the Holy See into now-failed Italian television venture owned by his friends.
No prelate has been more consistently and intimately involved in the Papal Foundation than McCarrick, who helped to found the non-profit in 1988 alongside the late Cardinal Krol of Philadelphia and Cardinal O’Connor of New York. The current chairman of the controlling board of cardinals is Cardinal Wuerl, McCarrick’s successor as Archbishop of Washington. Before he was elevated to the cardinalate and moved to Rome, then-Bishop Kevin Farrell, McCarrick’s protégé and former housemate in Washington, was a member of the Papal Foundation’s board of trustees. The current president of the board of trustees is another McCarrick protégé, Bishop Michael Bransfield.The US legal path strikes me as a potentially much more effective route to imposing reform on the Vatican, if the Vatican can't reform itself. In fact, the O'Brien article provides the outline for a "lay-led" investigation of how McCarrick rose in the hierarchy despite his well-known record of abuse -- and it could be done, for instance by an entity connected with Timothy Busch's charities, without approval of the Vatican or the USCCB.. . . Like McCarrick, Bransfield stands accused of sex abuse. His recent resignation from the Diocese of Wheeling-Charleston was announced on September 13, 2018, at the same time that the Holy See announced a special investigation into Bransfield for the alleged sexual abuse of adults. Before the announcement of the investigation, Bransfield had been dogged for years with allegations of sex abuse and alleged complicity in rape and molestation carried out by priest friends of his in his native city of Philadelphia.
The first executive director of the Papal Foundation, who served from 1988 until 2001, was a priest named Monsignor Thomas Benestad. Benestad, who retired early from his home Diocese of Allentown and now lives in Boca Raton, Florida, is accused in the Pennsylvania Grant Jury Report of sexually abusing boy over a period of years in the early 1980s, beginning when he was nine years old.
. . . Benestad, Bransfield, and McCarrick have been three of the most important clerical leaders of the Papal Foundation, and all face serious allegations of sex abuse. Some of these allegations were widely known for decades, but did not prevent the men from rising from one ecclesiastical preferment to the next. Did these men use the grant-making power of the Papal Foundation to curry favor and buy protection from Vatican officials? Did they enable the misappropriation of the Foundation’s charitable grants? The only way to answer these questions is with an independent investigation of the Papal Foundation, along with a forensic accounting of its past grants.
Such an investigation would not face canonical impediments or infringe upon the proper authority of bishops over their dioceses. The Papal Foundation is not an ecclesiastical entity, but an ordinary 501(c)(3) religious non-profit. No permission from Rome is necessary. The Foundation’s board could commission an investigation with a simple vote. If the Foundation does not authorize its own independent investigation, it may nonetheless find itself facing one from state or federal authorities.
