Pope opens investigation after Vatican priest moves $17 million

VATICAN CITY — The former monastery on a quiet residential street in Rome once sheltered Jews fearing deportation during World War II. Purchased by the Vatican in 2021 as a dormitory for foreign nuns studying at Rome’s pontifical universities, the building now stands empty, a collateral victim of the latest financial scandal to hit the Holy See.

Pope Francis has asked aides to get to the bottom of how at least $17 million, including money to refurbish the dorm, was transferred from the Vatican’s U.S.-based missionary fundraising coffers into an impact investing vehicle run by a priest. Two years later, the U.S. fundraiser says the money is gone, and the monastery is shuttered. Its renovation is tied up in bureaucratic red tape, while the nuns studying in Rome are still housed at a convent a 90-minute commute away.

The story of what happened to the money is one that has vexed Vatican officials on both sides of the Atlantic, all the more because the transfers appear entirely legal. But they have nevertheless prompted the new leadership of the Vatican’s missionary fundraising operation in the U.S., the Pontifical Mission Societies, to replace the staff and board of directors who approved them, and overhaul its bylaws and statutes, to make sure nothing like thishappens again.

And for now, the organization known as TPMS-US has written off $10.2 million of the total transferred as a loss since “there is no timeline and no guarantee of investment return,” according to its latest audited financial statement.

The money was transferred from TPMS-US into a New York-based non-profit, Missio Corp., and its private equity fund, MISIF LLC, both of which were created by Rev. Andrew Small while he was the national director of TPMS-US. Both financial vehicles aim to raise capital to provide low-interest loans and investments to church-run farming initiatives in Africa. MISIF LLC is known as an impact investing fund because it seeks to do social good as well as provide a financial return.

The Vatican is seeking clarity after the former director of its U.S. missionary fundraising office oversaw the transfer of at least $17 million of its donations into a new non-profit and private equity fund that he created. (ALESSANDRA TARANTINO / Associated Press)

The bulk of the money was transferred to Small’s new initiatives in 2021, right before Small ended his 10-year tenure at TPMS-US. Small, a British-born Oblate of the Mary Immaculate priest, remains CEO of Missio Corp., while now serving on a temporary basis as the No. 2 at the Vatican’s child protection advisory board.

In a series of emailed responses to AP questions, Small strongly defended the money transfers as fully approved and in the best interest of the church and TPMS-US. He provided letters from grateful bishops and nuns in Africa who have benefited from Missio Corp.’s low-interest loans, as well as letters from two Vatican cardinals expressing interest in his impact investing initiatives.

But the transfers have, at least temporarily, reduced the endowment fund of TPMS-US by a quarter and seemingly diverted money raised in the pope’s name away from Vatican-approved charities and works in Africa, Asia and Latin America. The loss is thus the latest financial headache for the Holy See, which for decades has been beset by episodes of loss-making investments, opaque accounting methods, porous budgets and conflicts of interest that have undermined its financial reputation.

“The Holy See is aware of the situation and is currently looking into the details of the events,” Vatican spokesman Matteo Bruni said in a statement to AP.

According to publicly available tax returns and financial statements, the moneys transferred included $7 million in expense “reimbursements,” undefined “contributions” and “support,” from TPMS-US to Missio Corp. from 2019-2021. The bulk of the transfers is a $10.2 million investment in MISIF LLC, $7.5 million of which came from a TPMS-US endowment fund.

That investment served as the sponsoring seed investment that persuaded the U.S. federal government’s International Development Finance Corp., to loan MISIF LLC $20 million to provide microloans to church-run agribusinesses and educational programs in 2021.

Because the TPMS-US board approved the transfers, any litigation to get it back is implausible.

But according to officials at TPMS-US, it remains unclear if the board was fully informed about the transfers and the Vatican’s view of them, especially concerns expressed by the then-prefect of the Vatican’s missionary office, Cardinal Fernando Filoni.

Rev. Robert Gahl, a moral theologian who runs a church administration and management program at the Catholic University of America, also said the evangelical thrust of TPMS-US donations — which mostly come via an annual Mass collection each October for the Vatican’s missionary activities — differs from MISIF’s more general development strategy of loans that must be repaid.

“How can donor intent be assured if the aims of the two are so different?” he asked. “Donor intent is defended in both civil and canon law,” he added.

Small strongly defended the transfers as consistent with both the mission of TPMS-US and his fiduciary duty to increase its funding, which he said had been steadily declining as donations dried up. He said he also tried crowdsourcing, where donors could see the direct outcome of their gifts, to raise money.

He said donors were increasingly unwilling to give to the Vatican via the typical structure, where Rome decides where donations are spent — a reference to donor distrust of the opaque finances of the Holy See in general and the Vatican’s missionary office in particular.

“A lot of it goes to bishops and nuncios with only a tiny fraction going to priests and sisters,” Small said. “Many millions of dollars of the US money help pay the expenses of operating nunciatures in mission countries, which seems anomalous with the messages sent to the faithful on Mission Sunday each year.”

Small said he developed Missio Corp., and its public-facing Missio Invest website, because he wanted to apply the principles of impact investing to the needs of the church in mission territory. It was an idea that had some support in the Vatican, which hosted three impact investing conferences in 2014, 2016 and 2018.

“The ultimate goal was to create a social impact fund that could provide low-interest loans to church-run enterprises in Africa so as to create a sustainable source income for the church and, presumably, make them less dependent on foreign annual donations which had shown themselves to be increasingly precarious,” Small said.

Small said the board of TPMS-US was informed of all developments and approved all the transfers, and that he made at least annual presentations to the Vatican’s missionary office.

After Small’s term ended in 2021, TPMS-US under the leadership of its new national director, Monsignor Kieran Harrington, hired a law firm to investigate. Small didn’t respond to the lawyers’ questions.

“The independent analysis concluded that the TPMS board approved the funds transfers in a way consistent with their powers and the TPMS bylaws,” TPMS-US told AP in a statement.

Harrington subsequently replaced the board with more high-ranking officials and Vatican oversight. It includes the pope’s ambassador to the United States, Archbishop Christophe Pierre, along with other senior U.S. cardinals and archbishops, including Boston Cardinal Sean O’Malley, who is now Small’s boss as head of the Vatican’s child protection board.

“The new board is working to evaluate the governance structures of TPMS and will soon recommend new ecclesiastical statutes and vote upon the civil corporation bylaws,” TPMS-US told AP.

TPMS-US asked for the $10.2 million investment in MISIF back, but Missio Corp., “denied the request,” according to the TPMS-US audited financial statement.

“Management of the organization is diligently working to redeem the investment, however there is no timeline and no guarantee of investment return,” the statement says. TPMS-US now values the $10.2 million investment as a total loss.

Small criticized the write-off as “shortsighted,” saying there were no grounds for such a decision based on the fund’s performance. Small said the board knew well the minimum 10-year commitment of the investment, and that regardless the MISIF investing model considers the economic impact on local communities as part of the return for investors.

He said it was “unfortunate” that TPMS-US had such little confidence in the mission church’s ability to repay its loans.

“If we don’t believe in our missionary colleagues, how will banks and other capital markets?” he asked.

However, even Small’s own auditors for two years running have said they were unable to verify MISIF’s calculation of the fair value of its investment portfolio, which represents more than half of its assets. For both 2021 and 2022, the auditors declined to express an opinion on MISIF’s financial statements.

The fate of the Rome residence for nuns is now tied up in Italian bureaucracy and pandemic-related construction delays. The Vatican had purchased the building after TPMS-US sent $13 million from a fund it had established to support the education of religious sisters.

[pullquote speaker=”Rev. Andrew Smalls” photo=”” align=”left” background=”on” background_color=”” border=”all” border_color=”#888888″ border_size=”1px” shadow=”on”]If we don’t believe in our missionary colleagues, how will banks and other capital markets?[/pullquote]

The building has a rich history. During WWII, when it was owned by a Canadian order of nuns, it housed at least 80 Jews who were hiding from Rome’s Nazi occupiers, according to archival research published in the Vatican newspaper L’Osservatore Romano.

When the Vatican asked TPMS-US for more money to renovate the building in 2021, the education fund for religious sisters was empty. Small said the board had decided not to send the remaining $4.7 million to Rome but instead to his Missio Corp., to fund the training of sisters in Africa, which he said was consistent with its intended purpose.

The Vatican is believed to have found other funding, but the Rome residence today stands empty, a chain lock around its front gate. The nuns studying at the Pontifical Urbaniana University live at a campus in Castel Gandolfo, a 90-minute commute away.

“They lose so much time traveling,” said Sister Genowefa Kudlik, the Polish nun who runs the Castel Gandolfo campus. “The property was bought some years back, I believe. But I don’t think anything was done.”

Pope revises law: Vatican criminalizes sexual abuse of adults

VATICAN CITY — Pope Francis has changed Catholic Church law to explicitly criminalize the sexual abuse of adults by priests who abuse their authority and to say that laypeople who hold church office also can be sanctioned for similar sex crimes.

The new provisions, released Tuesday after 14 years of study, were contained in the revised criminal law section of the Vatican’s Code of Canon Law, the in-house legal system that covers the 1.3 billion-member Catholic Church and operates independently from civil laws.

The most significant changes are contained in two articles, 1395 and 1398, which aim to address shortcomings in the church’s handling of sexual abuse. The law recognizes that adults, not just children, can be victimized by priests who abuse their authority. The revisions also say laypeople holding church positions, such as school principals or parish economists, can be punished for abusing minors and adults.

The Vatican also criminalized priests “grooming” minors or vulnerable adults to compel them to engage in pornography. The update represents the first time church law has officially recognized as a criminal act the method used by sexual predators to build relationships with victims they have targeted for sexual exploitation.

[pullquote speaker=”Kurt Martens, canon lawyer and professor at the Catholic University of America” photo=”” align=”right” background=”off” border=”none” shadow=”off”]”Unlike civil authorities, what is the power of the church to enforce penalties she ultimately chooses to enforce?[/pullquote]

The new law, set to take effect on Dec. 8, removes much of the discretion that long allowed bishops and religious superiors to ignore or cover up abuse, making clear those in positions of authority will be held responsible if they fail to properly investigate or sanction predator priests.

A bishop can be removed from office for “culpable negligence” meaning he does not report sex crimes to church authorities. However, the canon law foresees no punishment for failing to report suspected crimes to police.

Ever since the 1983 code first was issued, lawyers and bishops have complained it was inadequate for dealing with the sexual abuse of minors since it required time-consuming trials. Meanwhile, victims and their advocates argued the code left too much discretion in the hands of bishops who had an interest in covering up for their priests.

The Vatican issued piecemeal changes over the years to address problems and loopholes, most significantly requiring all cases to be sent to the Holy See for review and allowing for a more streamlined administrative process to defrock a priest if the evidence against him was overwhelming.

More recently, Francis passed new laws to punish bishops and religious superiors who failed to protect their flocks. The new criminal code incorporates those changes and goes beyond them, while also recognizing accused priests are presumed innocent until proven otherwise.

The Vatican has long considered any sexual relations between a priest and an adult as sinful but consensual, believing that adults can offer or refuse consent purely by the nature of their age. But amid the #MeToo movement and scandals of seminarians and nuns being sexually abused by their superiors, the Vatican has come to realize that adults can be victimized, if there is a power imbalance in the relationship.

That dynamic was most clearly recognized in the scandal over ex-Cardinal Theodore McCarrick, the former archbishop of Washington. Even though the Vatican knew for years he slept with his seminarians, McCarrick was only put on trial after someone came forward saying McCarrick had abused him as a youth. Francis eventually defrocked McCarrick in 2019.

According the new law, priests who engage in sexual acts with anyone — not just a minor or someone who lacks the use of reason — can be defrocked if they use “force, threats or abuse of his authority” to engage in sexual acts. Previously the Vatican only considered it a crime if the priest used force or threats, and lumped the provision alongside sexual abuse of a minor.

Monsignor Juan Ignacio Arrieta, secretary of the Vatican’s legal office, said the new version would cover any rank-and-file member of the church who is a victim of a priest who abused his authority.

That provision is contained in a section detailing violations of the priest’s obligation to remain celibate. Another section of the law concerns priestly crimes against the dignity of others, including sexual abuse of minors and vulnerable adults.

The law doesn’t explicitly define which adults are covered, saying only an adult who “habitually has an imperfect use of reason” or for “whom the law recognizes equal protection.” Arrieta said the Vatican chose not to define precisely who is covered but noted that the Vatican previously defined vulnerable adults as those who even occasionally are unable to understand or consent because of a physical or mental deficiency or are deprived of their personal liberty.

The Rev. Davide Cito, a canon lawyer at the Pontifical Holy Cross University, said the broadness of the law “allows it to protect many people” who might not necessarily fall under the strict definition of “vulnerable” but are nevertheless deserving of protection.

The new law says laypeople can be punished if they abuse their authority to engage in sexual or financial crimes.

Since these laypeople can’t be defrocked, penalties include losing their jobs, paying fines or being removed from their communities.

But Kurt Martens, a canon lawyer and professor at Catholic University of America, wondered how the church would enforce the payment of fines, suggesting the penalty might be an example of “wishful thinking” on the Vatican’s part.

“You can have the most perfect legislation and the lousiest enforcement,” Martens said in a phone interview. “Unlike civil authorities, what is the power of the church to enforce penalties she ultimately chooses to enforce?”

The need for such a lay-focused provision was made clear in the scandal involving Luis Figari, the lay founder of the Peru-based Sodalitium Christianae Vitae, a conservative movement that has chapters throughout South America and the U.S. and 20,000 members.

An independent investigation concluded Figari was a paranoid narcissist obsessed with sex and watching his underlings endure pain and humiliation. But the Vatican and local church dithered for years on how to sanction him since he wasn’t a priest and couldn’t be defrocked – the worst penalty foreseen for sexual abusers.

Ultimately the Vatican decided to remove him from Peru and isolate him from the community.
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France awaits Vatican word on ambassador said to be gay

St. Peter’s Square, Vatican City. (Flickr / Dennis Jarvis)

SYLVIE CORBET
Associated Press

PARIS The French government is expecting the Vatican to decide within days whether to approve the nomination of a respected diplomat who is said to be gay as French ambassador to the Holy See.

Paris is hoping that Laurent Stefanini wins approval five months after the French presidential palace submitted his nomination. The French government is awaiting a response via Vatican diplomatic channels within a week to 10 days, a French official told The Associated Press.

The Vatican spokesman declined to comment.

Gay rights groups have accused the Vatican of delaying a decision because of Stefanini’s sexual orientation. Such decisions normally take just a few weeks.

The No. 2 official at the Vatican, Cardinal Pietro Parolin, said last week, “The dialogue is still open and we hope that it might conclude in a positive light.” It is the only thing the Vatican has said on the record about the nomination.

An approval would be unusual for the Vatican, which is dealing with growing advances for gay rights in many countries. The Vatican traditionally doesn’t approve ambassadors in “nontraditional” family situations, and Catholic teaching holds that gays should be treated with respect but that homosexual acts are “intrinsically disordered.”

Pope Francis has signaled a change in tone toward the church’s reception of gays by saying “who am I to judge?” in reference to a priest said to be gay but looking for God.

In an unusual move, Francis and Stefanini met last month in the Vatican hotel where Francis lives.

Stefanini has not commented on widespread media reports in recent months asserting that he is gay.

The French official said Stefanini is gay but has chosen not to come out publicly, and the French presidential palace has said only that his private life should not affect his appointment. The official spoke on condition of anonymity because he was not authorized to discuss the subject publicly.

Stefanini, 54, is currently chief of protocol at the French presidential palace, held a senior post at the French Embassy to the Vatican from 2001-2005, and served as the French Foreign Ministry’s adviser on religious issues.

French President Francois Hollande has refused to consider other candidates for the job, and the French official said Monday that Stefanini is still viewed as the best possible choice.

Ambassadors accredited to the Holy See perform the same diplomatic activities as ambassadors elsewhere, representing their governments, relaying information, arranging official visits and, perhaps unique to the Vatican, attending the pope’s public Masses.

Stephanie Nicot, president of the French rights group LGBT Federation, described Stefanini as a discreet man who has chosen not to politicize his sexual orientation.

“It is really time that things change in the Catholic Church,” Nicot said. “It is inadmissible for a state to refuse a nomination of someone as competent as this for motives linked to his sexuality.”

French Catholic newspaper La Croix has reported that the Vatican might see the nomination as a “provocation,” and the delayed response “implicitly resembles a ‘no.'” It said that France’s most senior Catholic official, Cardinal Andre Vingt-Trois, pleaded to the Vatican in support of Stefanini.