January - 2010
January 29, 2010 – Clinton friend, Laura Silsby, and child trafficking in Haiti
In the first week of February, former President Bill Clinton accepted an expanded role as special envoy for Haiti, on behalf of the United Nations, to lead the coordination of international earthquake recovery and reconstruction efforts. One of Clinton’s first tasks in Haiti, however, was to put out the fire of a child abduction scandal involving American citizens.
On January 29, 2010, less than three weeks after the earthquake, Haitian authorities arrested ten U.S. Baptist missionaries for attempting to take 33 children by bus across the border into the Dominican Republic without proper documentation. A week later, the missionaries were charged with child kidnapping and criminal association. While the missionaries claimed good intentions and ignorance of Haitian laws, Haitian prosecutors argued that there had been intentional wron gdoing. In the course of a month, President Clinton brokered the release of all the missionaries, except for the group leader, Laura Silsby.
Suspicions about Silsby’s intent to smuggle or traffic the children to the Dominican Republic further increased, when on March 19, 2010, Silsby’s legal advisor, Jorge Torres-Puello, an American-Dominican living in the Dominican Republic as a fugitive was arrested and accused of human trafficking. U.S. authorities revealed that Torres-Puello was “linked to a network that trafficked in Haitian and Central American children and [was]wanted in the United States, El Salvador and Costa Rica.” (Read more: Shani R. King/Harvard Human Rights Journal/2012)
“Hillary has a long history of interest in Ms. Silsby. Wikileak emails dating back till at least 2001 have been found in her archives discussing Laura’s NGO. Laura had claimed she planned to build an orphanage in the Dominican Republic, but authorities in the country said she never submitted an application for this purpose. They instead located to Haiti.” (Wikileaks, 2/12/2010), (Wikileaks, 2/17/2010), (Michael Smith News, 11/04/2017)
“Judge Bernard Saint-Vil has dropped kidnapping charges against all 10 American missionaries detained for trying to take children out of the country after the Jan. 12 earthquake. But the only missionary still in jail, Laura Silsby, the group’s leader, still faces a charge of organizing the illegal transportation of 33 children in the chaos after the disaster, the judge said Monday. The charge carries a maximum penalty of three years in prison. Judge Saint-Vil did not explain his decision.” (New York Times, 4/26/2010)
“The last of 10 Americans detained while trying to take 33 children out of Haiti after the Jan. 12 earthquake was freed Monday when a judge convicted her but sentenced her to time already served in jail.
Laura Silsby, the organizer of the ill-fated effort to take the children to an orphanage being set up in the neighboring Dominican Republic, returned to her cell briefly to retrieve belongings before quickly heading to the Port-au-Prince airport.” (Read more: Idaho Press-Tribune, 5/17/2010)
January 16, 2010 – Clinton Disaster Fundraising: Predatory Humanitarianism?
“It is Haiti’s good luck and surely the Clintons’ misfortune, that Charles Ortel, one of the world’s finest financial analysts, has got the Clinton Foundation in his sights. Mr. Ortel is a graduate of the Harvard Business School with decades of Wall Street experience. He is currently a private investor. He began to release on his website and from his Twitter account (@charlesortel), in early May 2016, a series of detailed reports that are damning to the Clintons and their various supposed charitable initiatives. The Clintons are powerful, and they have squirmed their way out of many tight spots before, but what makes this particular case worthy of our utmost attention is that Ortel is not only outstanding at what he does, but also fearless and dogged in his pursuit of perceived financial malfeasance. If his analysis of General Electric, which is far more complex than the Clinton charities, successfully pegged GE as being overvalued before its stock plummeted in 2008, then we must hear out his case against the Clinton Foundation. I caught up with him earlier this week, and he graciously agreed to an interview.
Dady Chery: Thank you Charles, for granting us this interview. You have been on the warpath against the Clinton Foundation in this presidential election year in the United States. Do you have anything to disclose about your motivations?
Charles Ortel: I am not active in partisan politics. I fit in neither mainstream political party because I am conservative economically, open-minded socially, and passionate in my belief that America is truly an exceptional place, for all of the many faults evident since its founding, starting in 1492.
As a son of a fiercely smart woman, and the parent of another, I do feel that Hillary Clinton has set a deplorable example by her actions and inactions throughout her life, for women and for all persons who seek to prosper and exist in our great country.
My primary interest, now that I have almost completed an in-depth investigation of the Clinton Foundation is to expose what I see as a mammoth fraud and then prod government authorities in most US states and many foreign countries to punish trustees, executives, major donors, and those in position to exercise significant influence without mercy.
The Clinton Foundation is a textbook case in how disaster relief charities should not be allowed to operate internationally, particularly by powerful, educated lawyers who must know better.
(…) “DC: According to your website, the Clinton Foundation’s aim and reach have gone far beyond where they were supposed to go. Please give our readers an overview of this organization.
CO: Originally, on 23 December 1997 when their application for federal tax-exemption was filed with the Internal Revenue Service, the Clinton Foundation was to be a library and research facility based in Little Rock, Arkansas, and to raise an endowment to support these purposes.
When the Clinton Foundation was formed, controversies were escalating that served to crimp the Clintons’ abilities to raise funds to defray massive legal bills, in the many millions of dollars.
Right from the start, the record suggests that fundraising appeals supposedly for the Foundation may have been commingled, inappropriately and illegally, with those for a legal expense trust run by former Senator David Pryor, a close Clinton associate.
By January 2001, Bill Clinton and the Clinton Foundation started becoming involved in numerous “initiatives” far outside the Foundation’s approved tax-exempt purposes that clearly were supposed to be concentrated within the United States from a base inside Arkansas.” (Much more: News Junkie Post, 5/20/2016) (Clinton Bush Haiti Fund)
January 14, 2010: Algeria makes a large donation to the Clinton Foundation in violation of the Foundation’s rules, while Algeria is heavily lobbying Clinton’s State Department
“Around January 14, 2010, the Algerian government donates $500,000 to the Clinton Foundation. Algeria has never donated to the foundation before, which means this is a violation of the 2008 “memorandum of understanding” between the foundation and the Obama White House, which prohibited new or increased donations from foreign governments as long as Clinton is the secretary of state.
The donation is direct aid to assist relief efforts just days after a large earthquake in Haiti that killed thousands. It also coincides with a spike in Algeria’s lobbying visits to the State Department. In 2010, Algeria spends $400,000 lobbying US officials on Algeria’s human rights record and US-Algeria relations.
The next year, Clinton’s State Department will approve a 70% increase in military export authorizations to Algeria, despite continued issues with the country’s human rights records. For the first time, the department will authorize the sale of almost 50,000 items classified as “toxicological agents, including chemical agents, biological agents and associated equipment.” The sale of US military weapons to Algeria is $2.4 billion, triple what it was in the last four years of the previous Bush administration.” (Read more: Thompson Timeline), (The Washington Post, 2/25/2015), (The International Business Times, 5/26/2015)
2010 or 2011 – Stratfor officials write, “the Clinton Foundation is suspect of being a “shakedown operation”
“On Monday February 27th, 2012, WikiLeaks began publishing The Global Intelligence Files, over five million e-mails from the Texas headquartered “global intelligence” company Stratfor. The e-mails date between July 2004 and late December 2011. They reveal the inner workings of a company that fronts as an intelligence publisher, but provides confidential intelligence services to large corporations, such as Bhopal’s Dow Chemical Co., Lockheed Martin, Northrop Grumman, Raytheon and government agencies, including the US Department of Homeland Security, the US Marines and the US Defence Intelligence Agency. The emails show Stratfor’s web of informers, pay-off structure, payment laundering techniques and psychological methods.”
Bart Mongoven, vice president for Stratfor’s public policy intelligence group, writes in an email to Rodger Baker, Stratfor’s vice president of geopolitical analysis:
2010 – 2014: Clinton charities ignore law requiring them to disclose millions from foreign donors
“New York Attorney General Eric Schneiderman has the power to force the Clinton Foundation and the Clinton Health Access Initiative to publicly disclose the names of foreign governments and the millions they donate each year to the charities but he’s not doing it, a Scripps News investigation has found.
Schneiderman’s failure to require compliance with New York law and written instructions from his own office keeps the public in the dark about whether the foreign governments that gave money to the Clinton charities also had special access to Hillary Clinton when she was secretary of state, experts in private foundation law say. New York state has long required more transparency from non-profits operating within its borders than many other regulators.
A Scripps Washington Bureau review of tax returns and regulatory filings found that year after year the Clinton charities have ignored New York law and related instructions. However, the office of Attorney General Schneiderman, a Democrat whom Hillary Clinton named to her campaign’s “leadership council” in New York, did not respond to Scripps’ questions about the Clinton Health Access Initiative (CHAI), which has never publicly disclosed in New York filings the identity of its foreign government contributors or the amounts they give each year. Scripps also discovered CHAI did not report hundreds of millions of dollars in foreign government donations to the state.
However, Schneiderman’s office said it considers the Clinton Foundation, which is a separate charity, “in step” with state rules.
“He’s not doing his job in that case,” said David Nelson, an attorney and former partner at the accounting firm of Ernst & Young who served on the regulations and legislation committee of the Council On Foundations, the philanthropy industry’s equivalent of the American Bar Association.
In 2009, Secretary Clinton’s first year heading the State Department, the Clinton Foundation disclosed to New York only a lump sum of $122 million in foreign government donations, listing the amount on a required form that directs all charities to “list each government contribution (grant) separately.” The foundation continued to provide the lump sum disclosures for foreign governments in every year that followed.
Nelson said, “The Clinton Foundation cannot say they are in compliance with New York regulations.”
The Internal Revenue Service has long required charities to disclose on their federal tax returns the total amount of contributions they receive from all governments, foreign and domestic. The federal form does not require a charity to publicly identify its government contributors. However, any charity that wishes to operate or raise funds in New York must also, according to a state law, meet more rigid transparency requirements and publicly disclose “the name of each agency” and “the amount of each contribution” received from any government agency, every year.
A partial review by Scripps of charities registered in New York found inconsistent compliance with the instructions.
The New York Attorney General’s office published a set of detailed instructions for all charities to follow. It directs them to make sure the total amount of government contributions disclosed to the state is equal to what the charities report to the IRS. From 2010-2014, for every year it has filed disclosures with the state, the Clinton Health Access Initiative has ignored this direction.” (Read more: News5Cleveland, 9/06/2016)
Schneiderman will resign on May 7, 2018 amid accusations he was physically violent with four women he was romantically involved with. (Business Insider, 5/07/2018)
2010 – 2011: Clintons understate support from firm hired by Russian nuclear company
“The Clinton Foundation’s donor disclosure site vastly understated support that the Clinton Global Initiative received from APCO Worldwide, a global communications firm that lobbied on behalf of Russia’s state-owned nuclear company.
The site, created to detect conflicts of interest for Secretary of State Hillary Clinton because of her family’s various charitable efforts, shows APCO gave between $25,000 and $50,000 over the last decade.
But according to interviews and internal documents reviewed by The Hill, APCO was much more generous and provided hundreds of thousands of dollars in pro-bono services and in-kind contributions to the Clinton Global Initiative (CGI) between 2008 and 2016.
For instance, an internal CGI document prepared in fall 2011 lists APCO’s in-kind contribution at $275,000 for that year alone. And APCO’s annual report on its global charitable efforts boasted of a large jump in support for CGI in 2011.
“In 2011, APCO significantly increased its pro-bono support for CGI and, for the first time, our team managed the press around CGI’s America meeting, as well as its global Annual Meeting,” APCO stated in a report submitted to the United Nations Global Compact.
The increase in the contributions came as APCO was paid $3 million in 2010 and 2011 to work for Rosatom, Russia’s state-owned nuclear company. Rosatom paid APCO to lobby the State Department and other federal agencies on behalf of its Tenex subsidiary, which sought to increase its commercial uranium sales in the United States.
In 2010 and 2011, APCO made more than 50 contacts with federal and congressional figures for Tenex, including at least 10 at the State Department, its foreign agent disclosure reports show.
APCO officials estimate their total cash support for CGI totaled $45,600 and their in-kind support to CGI exceeded $1 million since 2008. They also acknowledged that the firm’s pro-bono work increased significantly in 2011 while it worked for Tenex. But they insisted there was no connection between the professional and pro-bono work because separate units of the firm handled each.” (Read more: The Hill, 11/28/2017)
2010 – Dr. Dady Chery and Charles Ortel: ‘Clinton Robin Hood in Reverse Must Be Punished’
“Despite the polls in the run up to November 8, 2016, and the post-election shenanigans that continue to this day, the United States has a new President, and it is not Hillary Clinton. There are many reasons for this, and Charles Ortel’s dogged, two-year investigation of the Clintons’ predatory humanitarianism is a major one. He is not yet done. It is almost universally unacceptable to prey on the weak of one’s own species. There are laws and religious precepts against this in every human culture. In fact, as humans, we find it so heinous to prey on the helpless that, contrary to all biological rules, we prey on the strong, and not the sick, young, and injured, even when we hunt other species. The Clintons and their associates are not above the law, and Ortel, with his credentials as a graduate of the Harvard Business School, decades of Wall Street experience, and accurate assessment in 2008 of General Electric stock as being overvalued, is taking his investigation to the next level. I caught up with him last week for the following interview.” – Dr. Dady Chery
DC: Charles, we now know that former President Barack Obama did not pardon former President Bill Clinton and former Secretary of State Hillary Clinton.
CO: The pardons would have been for the Clinton family and others for federal offenses arising from the illegal operation of, and solicitation for, numerous so-called charities. The apparent failure to pardon removes a major excuse that US state, federal, and foreign government authorities may have had for failing to investigate, expose, prosecute, and win criminal convictions in what I believe to be the largest charity fraud ever attempted.
It will take time to replace federal government employees inside the Department of Justice, Internal Revenue Service, and Federal Trade Commission, who likely were complicit in a scheme to impede and obstruct investigations into this ongoing charity-fraud conspiracy. Given time, I certainly hope the Trump administration will increase the resources for the rumored investigations by the FBI and the IRS, which should address widespread illegal solicitation and operations in virtually every US state and numerous foreign countries. I also hope that the Trump administration will work closely with foreign-government donors who either were complicit in these charity frauds, or who should now be working hard to recover funds advanced to Clinton charities under false pretenses.
DC: Now that the Clinton Global Initiative has shut down its operations, will there be access to its documents? Are the people who were involved with CGI still responsible to show to the IRS and other government agencies that its affairs are in order?
CO: Unlike investigations into Ponzi schemes and other frauds involving for-profit entities, investigators wield enormous leverage when they finally decide to look into frauds by not-for-profit entities. Review of New York and other state laws, IRS regulations and practices, and laws in relevant countries suggest that the executives, directors, and their professional advisors will bear the burden of proving that they organized and then operated the various Clinton charities lawfully at all times. Losing or obscuring records will hurt those who are potentially liable, and I would note that criminal penalties for organizing and operating charity frauds, particularly disaster-relief charity frauds, are onerous.
DC: Many people confuse the Clinton Global Initiative, which recently closed its doors, with the Clinton Foundation. Is the CGI a legal entity, and how does it relate to the Clinton Foundation?
CO: The CGI began to operate in New York by September 2005, illegally, as a concept. Under US law, a validly organized charity cannot be a formless association; instead it must be a lawfully constituted entity. In most cases, the trustees or directors of a lawfully organized charity choose to establish a nonprofit corporation under US state laws; after this, they get federal tax exemption on the basis of a detailed application that must be filled out truthfully and accurately, and that states their specific purposes, which are then authorized by the IRS. There’s no record anywhere that the Clinton Foundation validly changed its authorized purposes. Originally, in January 1998, these were to erect a presidential archive, establish a research facility in Little Rock, Arkansas, and raise a capital endowment. So, starting with the first CGI Annual Meeting in Manhattan, the Clinton Foundation became engaged in substantial activities that were not authorized, or even charitable. Disclosures in the IRS filings for the Clinton Foundation show that CGI activities were substantial in every year from 2005 through 2009.
On September 4, 2009, several weeks before the 2009 CGI Annual Meeting in Manhattan, a new Arkansas nonprofit corporation called “Clinton Global Initiative, Inc.” was established. It’s not clear yet from the filings how sums were divided between January 1, 2009 through September 3, 2009; and September 4, 2009 through 31 December 31, 2009. Though a CGI meeting was held in 2009 while the old initiative and the new legal entity both, in theory, existed, an application for federal tax exemption for the new entity was not submitted until August 2010. This application falsely claims that the new entity wasn’t a legal successor to any previous activity, when abundant evidence in the public domain shows otherwise.
The New CGI held meetings in 2010, 2011, and 2012. So far, the Shared Services Agreement under which the parent Clinton Foundation operated New CGI hasn’t been made public. So we don’t yet know the financial ramifications of these arrangements. According to documents in the public domain, the Clinton Foundation controlled New CGI. So, in these three years, New CGI provided Annual Reports to the IRS, but its financial results were also consolidated into the Clinton Foundation’s financial and operating reports.
The Clinton Foundation elected, in theory, to merge New CGI back into the Clinton Foundation in 2013. To do so validly under Arkansas and other laws, each charity must be validly organized and operated from inception through the merger date. I don’t believe close analysis supports such a conclusion. Until recently, the Clinton Foundation continued to solicit funds for CGI and to hold various meetings whose charitable purpose is far from clear.”
Dady Chery is the Editor of Haiti Chery and the author of We Have Dared to Be Free: Haiti’s Struggle Against Occupation. In addition to being an associate professor in the biological sciences, Chery is Haitian-born journalist, playwright, essayist, and poet who writes in English, French, and her native Kreyol. She writes extensively about Haiti and world issues such as climate change. Her many contributions to Haitian news include the first proposal that Haiti’s cholera had been imported into the country by the United Nations, and the first description of Haiti’s mineral wealth.
January 1, 2010 – the Clinton Foundation incorrectly reports to the IRS that it received zero in funds from foreign and U.S. governments
“For three years in a row beginning in 2010, the Clinton Foundation reported to the IRS that it received zero in funds from foreign and U.S. governments, a dramatic fall-off from the tens of millions of dollars in foreign government contributions reported in preceding years.
“We are prioritizing an external review to ensure the accuracy of the 990s from 2010, 2011 and 2012 and expect to refile when the review is completed,” Craig Minassian, a foundation spokesman, said in an email.” (Read more: Reuters, 4/23/15)