Internal Revenue Service (IRS)

December 13, 2018 – Critical testimony on the Clinton Foundation from whistleblowers/financial analysts

Lawrence Doyle (l) and John Moynihan testify to the House Oversight Committee on December 13, 2018. (Credit: CSpan)

December 13, 2018 was a day of anticipation for many that were waiting to hear from US Attorney John Huber about his findings on the Clinton Foundation. However, US Representative Mark Meadows, and financial analysts John Moynihan, and Larry Doyle all suggested he was not present at the hearing due to ongoing investigations into the Clinton Foundation. Interestingly, Moynihan and Doyle stated they sent documents to Huber’s office three times because his office stated they “misplaced” the documents. Meanwhile, they are confident that the FBI in Little Rock is in fact investigating the Clintons, and even have photos of the IRS and FBI loading a 757 plane with boxes of Clinton Foundation documents. When taking all of this information into consideration, it suggests that the investigation into the Clinton Foundation may have always resided with the FBI in Little Rock, and Huber may not even be involved in those specific investigations. It’s difficult to say at this point. One thing is for certain, it has been kept very quiet and without leaks.

On the same day as the hearing, It was later reported that Huber had been attending a media round table in Utah with FBI Special Agent in Charge Eric Barnhart, to alert the public to victims of child exploitation, and discussed other topics on gangs, drug activity, and violent crimes. Both Barnhart and Huber reported that offenders are likely to commit the same crimes after being released from even lengthy prison terms and the best treatment efforts. Huber stated that his office takes on some of the worst cases you can imagine, and one particular case involved 600 images of child pornography. He had this to say about it:

600 images of child pornography translate to 600 victims who have been raped, sodomized, and otherwise exploited for sexual gratification. That’s why these crimes are serious… this isn’t looking at a dirty magazine… this is harming children, exploiting them and passing on those images and videos.

It’s supply and demand, and there’s a great demand. I don’t know what we do as a society to cure that problem, to lessen that problem, but it is a growing demand and it’s ever present, and our children are, unfortunately, the fodder and the currency in that world.

The House Oversight Subcommittee hearing on the Clinton Foundation proceeded without Huber. Tom Fitton from Judicial Watch, Associate Professor of Law Phillip Hackney, and outside whistleblowers and financial analysts Larry Doyle and John Moynihan, were all in attendance to testify. Doyle and Moynihan had been meticulously working on the Clinton Foundation financials and taxes for three years, and had submitted documents to the FBI in Little Rock, as well as several jurisdictions on both local and state levels. Their testimony provided some key information. As of December 20th, the transcript and video currently remain on c-span, but may one day be scrubbed. Corey’s Digs has preserved the video, should it ever need to be resurrected.

Key takeaways from the testimony of Moynihan and Doyle, per c-span transcript (type errors included):

• “We sent our appeal in with a FOE COE – photo copy of the FBI and IRS removing boxes from the Clinton Foundation after they brought a 757 down and taken the materials out of the Clinton Foundation in Little Rock, Arkansas. We sent that to demonstrate that your letter coming from Atlanta doesn’t reconcile with what’s going on in Little Rock.”

• “It was an open and ongoing investigation he couldn’t comment on. That would indeed indicate there’s an investigation.”

• “He stated (Clinton Foundation CFO Andrew Kessel) very specifically, and it took us both off guard, I’ve been doing this a long time, but when someone says, I know where all the bodies are buried.”

• “Overall it might have been 40% by our calculations, ended up going to programs, and 60% was administrative.” (This refers to the amount of CF funds that went to administrative, which is generally 15% for non-profits.)

• “Mr. Doyle, you said from $400 million to $2.5 billion might be subject to taxation. So you’re saying, worst case is in your opinion $400 million were improperly used in a charitable foundation named the ‘Clinton Foundation’, is that correct?” Doyle: “Yes.”

• “They were brokering money and brokering pharmaceuticals. They were an agent of money through these donors. They would take a fee, and broker the money and broker relationships with pharmaceutical companies. By the same token, they were brokering the pharmaceuticals and taking some.”

• “Our conclusions, in the interest of time, are this – foreign agent. The Foundation began acting as an agent of foreign governments throughout its life and continues to do so. As such, they should have registered under FARWA. The auditors acknowledged this fact and conceded in formal submissions that it did not operate as an agent.”

• Meadows: All right, so who approved the 501-C-3 status for the Foundation? Moynihan: Would have been the IRS. Meadows: Do you have the document? Moynihan: We have it. We’ve got the determination letters. Meadows: It was approved for what? Building a library or? Moynihan: The initial approval was simply for library. Meadows: Who modified it? Moynihan: We saw no modifications to the articles of incorporation. …. In order to go forward the application has a schedule G that asks you if CHAI is a successor organization to a previous one, so you have the library, then you have this CHAI running unapproved. You gotta get approved….. They go and make an application, and on the form schedule G, when it’s asked, is this a successor operation, they specifically and affirmatively answered no. That is a misrepresentation because it’s the same people doing the same thing.”

(Read more: Corey’s Digs, 12/20/2018)

December 11, 2018 – Opinion: State filings suggests the Clinton Foundation mislead the IRS

By: John Solomon

“When confronted by detractors, the Clinton Foundation often uses a common line of defense: The charity is one of the most scrutinized in history and no one has found anything wrong with it.

But state regulatory filings suggest that may not be true.

In December 2005, for example, the Utah Division of Consumer Protection flagged missing information in the Clinton Foundation’s federal tax filing with the IRS, known as a form 990. The state regulator specifically flagged money spent on professional fundraisers and consultants that were excluded from the required section of the filing.

The state regulator urged the charity to file “an amended IRS form 990 reporting professional fundraising/consultant fees on line 30.” In particular, officials questioned nearly a half-million dollars in consultant fees about which it wanted more detail.

The foundation’s tax filing for the year in question, 2004, showed zero dollars spent on the required line for fundraising consulting expenses, even though other documents filed with the IRS identified more than $400,000.

The review was standard for a charity seeking a license to operate in Utah. The response regulators got back, however, was not so standard: Former President Clinton’s charity declined to make the change, even though Utah was suggesting the foundation’s federal tax form was incomplete or misleading.

“The problem that the Foundation faces is the enormous expenses and undertaking it would be to amend its 990,” a law firm representing the Clinton Foundation wrote back.

“Given that obstacle, the Foundation has no choice but to withdraw its application to register to solicit the public in Utah.”

In lay words, the cost of properly informing the IRS and complying with federal tax law was too much, so the foundation just ditched its Utah licensing request. There is no record of amended 2004 tax form by the charity, which means Utah’s concerns about possible missing information for the IRS wasn’t addressed at the federal level.

Foundation officials confirm the episode but said they believed they did not mislead the IRS because other parts of their submission included fundraising consulting expenses in a category called “Other Expenses.” “Our 2004 Form 990 is complete by IRS standards as we fully disclose fundraising expenditures in Part II – Other Expenses,” the foundation said in a statement emailed to me.

The Utah episode, though a decade old, and other state regulatory issues involving the Clinton Foundation are gaining new attraction because they are included in thousands of pages of documents gathered in a whistleblower submission filed last year by a firm composed of former federal law enforcement investigators, called MDA Analytics LLC.

That submission made with the IRS and eventually provided to the Justice Department in Washington and to the FBI in Little Rock, Ark., alleges there is “probable cause” to believe the Clinton Foundation broke federal tax law and possibly owes millions of dollars in tax penalties. That submission and its supporting evidence will be one focus of a GOP-led congressional hearing Thursday in the House.

The foundation strongly denies any wrongdoing. But it acknowledges its own internal legal reviews in 2008 and 2011 cited employee concerns ranging from quid pro quo promises to donors, to improper commingling of personal and charity business.

Another of the issues the foundation’s own lawyers flagged: a culture of noncompliance.

Some issues with compliance are clear in a review of more than 2,000 pages of state regulatory filings and actions involving the foundation that were included in the whistleblower submission.

For example, the foundation entered into a consent decree in 2002 in Mississippi in which it admitted it had raised money in the state without a proper license. The foundation says it was simply an oversight, paying a small fine in the hundreds of dollars.

But the charity potentially engaged in false statements for years later, inaccurately declaring in numerous states that it had never been subject to an adverse regulatory action — while failing to disclose the Mississippi violation.

The whistleblower submission to the IRS identified more than 100 state forms in which the foundation inaccurately answered. The foundation conceded the errors to me but suggested they were akin to minor traffic violations, pointing to a column by a tax expert two years ago that made such a case.

Likewise, in 2008, the Clinton Foundation’s AIDs charitable arm had its license to collect donations in Massachusetts involuntarily revoked for failure to file the necessary paperwork.

Foundation officials blamed that action on paperwork failing to keep up with changes in the group, which altered its name and eventually spun off from the foundation. State regulators weren’t told the old group’s name had been allowed to expire.

The records also show the foundation received multiple deficiency notifications and had its license expire once in the state of Georgia, usually because of late paperwork. (Read more: The Hill, 12/06/2018)

August 11, 2017 – Feds receive whistleblower evidence alleging Clinton Foundation “engaged in illegal activities”

“When a House subcommittee chairman bangs his gavel next week to convene an unprecedented investigative hearing into the Clinton Foundation, two questions will linger as preeminent: Is the Clinton family charity really the international do-gooder that earned a perfect four-star rating from Charity Navigator, or does it suffer from corruption and illegalities as conservatives allege? And if it is the latter, how much evidence of wrongdoing does the government possess?

The answer to the first question is that the foundation and its projects reported collecting about $2.5 billion to help global crises, from AIDS to earthquakes, even as its own auditors, lawyers and employees privately warned of problems over the years.

The answer to the second question may reside in 6,000 pages of evidence attached to a whistleblower submission filed secretly more than a year ago with the IRS and FBI.

That evidence was assembled by a private firm called MDA Analytics LLC, run by accomplished ex-federal criminal investigators, who alleged the Clinton Foundation engaged in illegal activities and may be liable for millions of dollars in delinquent taxes and penalties.

In addition to the IRS, the firm’s partners have had contact with prosecutors in the main Justice Department in Washington and FBI agents in Little Rock, Ark. And last week, a federal prosecutor suddenly asked for documents from their private investigation.

The 48-page submission, dated Aug. 11, 2017, supports its claims with 95 exhibits, including internal legal reviews that the foundation conducted on itself in 2008 and 2011.

Those reviews flagged serious concerns about legal compliance, improper commingling of personal and charity business and “quid pro quo” promises made to donors while Hillary Clinton was secretary of State.

(Credit: Clinton Foundation website)

The submission also cites an interview its investigators conducted with Andrew Kessel that quotes the foundation’s longtime chief financial officer as saying he was unable to stop former President Clinton from “commingling” personal business and charitable activities inside the foundation and that he “knows where all the bodies are buried.”

“There is probable cause that the Clinton Foundation has run afoul of IRS rules regarding tax-exempt charitable organizations and has acted inconsistently with its stated purpose,” MDA Analytics alleged in its submission. “The Foundation should be investigated for all of the above-mentioned improprieties. The tax rules, codes, statutes and the rule of law should and must be applied in this case.”

(…) A prosecutor working for Huber called MDA Analytics last week, seeking copies of their evidence, according to sources. The firm told the prosecutor that the FBI has possessed the evidence in its Little Rock office since early 2018, the sources said.

Some evidence that MDA investigators cited is public source, such as internal foundation reviews hacked in 2016 and given to WikiLeaks. Other materials were provided to the investigators by foreign governments that have done business with the charity, or by foundation insiders.

One of the nonpublic documents is an interview memo the MDA Analytics investigators penned after meeting with Kessel in late November 2016 at the Princeton Club in New York City.

Chelsea and Bill Clinton watch during the second 2016 presidential debate on Oct. 9, 2016. (Credit: Jim Bourg/The Associated Press)

Kessel told those investigators that “one of the biggest problems was Mr. Clinton’s commingling and use of business and donated funds and his personal expenses,” according to the whistleblower submission.

“There is no controlling Bill Clinton. He does whatever he wants and runs up incredible expenses with foundation funds,” states a separate interview memo attached to the submission.

“Bill Clinton mixes and matches his personal business with that of the foundation. Many people within the foundation have tried to caution him about this but he does not listen, and there really is no talking to him,” the memo added.

The memo also claims Kessel confirmed to the private investigators that private lawyers reviewed the foundation’s practices — once in 2008 and the other in 2011 — and each found widespread problems with governance, accounting and conflicts of interest.

“I have addressed it before and, let me tell you, I know where all the bodies are buried in this place,” the memo alleges Kessel said.” (Read more: The Hill, 12/06/2018)

August 11, 2017 – Evidence is assembled by a private firm, MDA Analytics LLC, who are ex-federal criminal investigators alleging the Clinton Foundation engaged in illegal activities

(Credit: Fox News)

(…) “Last week, news broke about a Clinton Foundation whistleblower who was the target of a very well publicized FBI raid. The public cover story about that raid went like this:

Whistleblower Dennis Nathan Cain suddenly was outed publicly and it became known he had thousands of incriminating documents related to the Clinton Foundation, so he was almost instantly raided by the DOJ/FBI looking to seize the documents.

Well, that was the cover story.  The actual story is that Cain had already given the documents to the FBI and the IRS over a year ago, as Solomon notes here in his latest article:

“The answer to the second question may reside in 6,000 pages of evidence attached to a whistleblower submission filed secretly more than a year ago with the IRS and FBI.

That evidence was assembled by a private firm called MDA Analytics LLC, run by accomplished ex-federal criminal investigators, who alleged the Clinton Foundation engaged in illegal activities and may be liable for millions of dollars in delinquent taxes and penalties.

In addition to the IRS, the firm’s partners have had contact with prosecutors in the main Justice Department in Washington and FBI agents in Little Rock, Ark. And last week, a federal prosecutor suddenly asked for documents from their private investigation.

The 48-page submission, dated Aug. 11, 2017, supports its claims with 95 exhibits, including internal legal reviews that the foundation conducted on itself in 2008 and 2011.”

(…) Last week’s revelation that Huber and his U.S. Attorney team could be investigating the Clinton Foundation for a year, and that nothing about that leaked, is mindblowing enough. The new information is truly stunning.” (Read more: The Epoch Times, 12/07/2018)

(…) “Meadows, the leader of the conservative House Freedom Caucus, is also the chairman of the House Oversight Subcommittee on Government Operations. The panel is set to hold an investigative hearing next week on the status of the Foundation case.

U.S. Attorney John Huber was tasked to investigate the foundation last year by then-Attorney General Jeff Sessions.

The Clinton Foundation consistently has maintained that it is a charity, and never traded on Hillary Clinton’s position as America’s top diplomat, which she held from 2009-2013. The organization has a four-star rating from the watchdog site Charity Navigator and has touted its mission “to create economic opportunity, improve public health, and inspire civic engagement and service.” (Read more: Fox News, 12/07/2018)

July 22, 2016 – The IRS launches an investigation of the Clinton Foundation

John Koskinen (Credit: Getty Images)

“IRS Commissioner John Koskinen referred congressional charges of corrupt Clinton Foundation “pay-to-play” activities to his tax agency’s exempt operations office for investigation, The Daily Caller News Foundation has learned.

The request to investigate the Bill, Hillary and Chelsea Clinton Foundation on charges of “public corruption” was made in a July 15 letter by 64 House Republicans to the IRS, FBI and Federal Trade Commission (FTC). They charged the foundation is “lawless.”

The initiative is being led by Rep. Marsha Blackburn, a Tennessee Republican who serves as the vice chairwoman of the House Committee on Energy and Commerce, which oversees FTC. The FTC regulates public charities alongside the IRS.

The lawmakers charged the Clinton Foundation is a “lawless ‘pay-to-play’ enterprise that has been operating under a cloak of philanthropy for years and should be investigated.” (Read more: The Daily Caller, 07/26/2016)

September 23, 2010 – Clinton Charity Aided Clinton Friends

Julie Tauber McMahon (Credit: public domain)

“The Clinton Global Initiative is a program of the Bill, Hillary and Chelsea Clinton Foundation. The foundation has been a focus of criticism this political season over donations received from governments and corporations that had business before Mrs. Clinton when she was secretary of state and that could be affected by decisions she would make as president. The foundation has said it “has strong donor integrity and transparency practices.”

The Clinton Global Initiative’s help for a for-profit company part-owned by Clinton friends poses a different issue. Under federal law, tax-exempt charitable organizations aren’t supposed to act in anyone’s private interest but instead in the public interest, on broad issues such as education or poverty.

“The organization must not be organized or operated for the benefit of private interests,” the Internal Revenue Service says on its website.

Energy Pioneer Solutions was founded in 2009 by Scott Kleeb, a Democrat who twice ran for Congress from Nebraska. An internal document from that year showed it as owned 29% by Mr. Kleeb; 29% by Jane Eckert, the owner of an art gallery in Pine Plains, N.Y.; and 29% by Julie Tauber McMahon of Chappaqua, N.Y., a close friend of Mr. Clinton, who also lives in Chappaqua.

Owning 5% each were Democratic National Committee treasurer Andrew Tobias and Mark Weiner, a supplier to political campaigns and former Rhode Island Democratic chairman, both longtime friends of the Clintons.

The Clinton Global Initiative holds an annual conference at which it announces monetary commitments from corporations, individuals or nonprofit organizations to address global challenges—commitments on which it has acted in a matchmaking role. Typically, the commitments go to charities and nongovernmental organizations. The commitment to Energy Pioneer Solutions was atypical because it originated from a private individual who was making a personal financial investment in a for-profit company.” (Read more: Wall Street Journal, 5/12/2016)