Foreign Agent Registration Act (FARA)

December 13, 2018 – Former expert forensic government investigators testify: Clinton Foundation operated as foreign agent

Hillary Clinton (Credit: Getty Images)

“The Clinton Foundation operated as a foreign agent ‘early in its life’ and ‘throughout it’s existence’ and did not operate as a 501c3 charitable foundation as required by its and is not entitled to its status as a nonprofit, alleged two highly qualified forensic investigators, accompanied by three other investigators, said in explosive testimony Thursday to the House Oversight and Government Reform Committee.

John Moynihan and Lawerence W. Doyle, both graduates of the Catholic Jesuit College of the Holy Cross and former expert forensic government investigators, gave their shocking testimony before congress based on a nearly two-year investigation into the foundation’s work both nationally and internationally. They were assisted by three other highly trained experts in taxation law and financial forensic investigations. The forensic investigators stressed that they obtained all the documentation on the foundation legally and through Freedom of Information Request Acts from the IRS and other agencies.

(…) Doyle and Moynihan have amassed 6,000 documents in their nearly two-year investigation through their private firm MDA Analytics LLC. The documents were turned over more than a year and a half ago to the IRS, according to John Solomon, who first published the report last week in The Hill.

“The investigation clearly demonstrates that the foundation was not a charitable organization per se, but in point of fact was a closely held family partnership,” said Doyle, who formerly worked on Wall Street and has been involved with finance for the last ten years conducting investigations. “As such, it was governed in a fashion in which it sought in large measure to advance the personal interests of its principles as detailed within the financial analysis of this submission and further confirmed within the supporting documentation and evidence section.”

(…) The Clinton Foundation “began acting as an agent of foreign governments ‘early in its life’ and throughout its existence. As such, the foundation should’ve registered under FARA (Foreign Agents Registration Act),” he said. “Ultimately, the Foundation and its auditors conceded in formal submissions that it did operate as a (foreign) agent, therefore the foundation is not entitled to its 501c3 tax-exempt privileges as outlined in IRS 170 (c)2.”

Doyle, who was also outlining a litany of violations by the foundation, noted that currently there are approximately 1.75 million nonprofits in the United States that annually generate nearly 2 trillion dollars, which is 9 percent of the U.S. GDP.

“Who’s minding the store, looking out for the donors and minding the rule of law,” said Doyle.

“On that note, we followed the money so we made extensive spreadsheets of their revenues and expenses, we analyzed their income statements and we did a macro-review of all the donors, which is a very (jumbled) sort of foundation,” said Doyle. “Less than 1/10th of one percent of the donors gave 80 percent of the money. So we follow the money.”

Moynihan added that the foundation “did pursue programs and activities for which it had neither sought nor achieved permission to undertake.”

Particularly, he noted the case of the Clinton Presidential Library in 2004. He noted that the foundation’s role before and after the library was built was a misrepresentation to donors “of the approval organizational tax status to raise funds for the presidential library programs therein. In these pursuits, the foundation failed the organizational and operational task 501c3 internal revenue code 7.25.3.” 

Additionally, Doyle stated that the foundation’s intentional “misuse of donated public funds.” He stated that the foundation “falsely attested that it received funds and used them for charitable purposes which were in fact not the case. Rather the foundation pursued in an array of activities both domestically and abroad.” 

“Some may be deemed philanthropic, albeit unimproved, while other much larger in scope are properly characterized as profit-oriented and taxable undertakings of private enterprise again failing the operational tests philanthropy referenced above,” Doyle said.” (Read more: Sara Carter, 12/14/2018)

March 19, 2015 – Ukrainian oligarch, Victor Pinchuk’s ties to Serhiy Leshchenko and the Clintons

On April 11, 2019, Greg Craig, Obama’s former White House counsel and a partner at law firm Skadden, Arps, Slate, Meagher & Flom LLP, was indicted for lying about and concealing his work in Ukraine. Craig, who reportedly worked closely with Manafort, was paid more than $4 million to produce an “independent” report justifying Ukraine’s trial and conviction of the former prime minister, Yulia Tymoshenko. Notably, Craig’s name was not included in the “Black Ledger” leak from Leshchenko and Sytnyk.

The indictment notes that “a wealthy private Ukrainian” was fully funding the report. In a recent YouTube video, Craig publicly stated that “it was Doug Schoen who brought this project to me, and he told me he was acting on behalf of Victor Pinchuk, who was a pro-western, Ukrainian businessman who helped to fund the project.”

“The Firm understood that its work was to be largely funded by Victor Pinchuk,” Skadden wrote in recent FARA filings.

Pinchuk put out a statement on Jan. 21, denying any financial involvement:

“Mr. Pinchuk was not the source of any funds used to pay fees of Skadden in producing their report into the trial and conviction of Yulia Tymoshenko. He was in no way responsible for those costs. Neither Mr. Pinchuk nor companies affiliated with him have ever been a client of Skadden. Mr. Pinchuk and his team had no role in the work done by Skadden, including in the preparation or dissemination of the Skadden report.”

Pinchuk is the founder of Interpipe, a steel pipe manufacturer. He owns Credit Dnipro Bank, several ferroalloy plants and a media empire. He is married to Elena Pinchuk, the daughter of former Ukrainian President Leonid Kuchma.

Pinchuk has been accused of profiting immensely from the purchase of state-owned assets at severely below-market prices through political favoritism.

Between April 4 and April 12, 2016, Ukrainian parliamentarian Olga Bielkova had four meetings, with Samuel Charap (International Institute for Strategic Studies), Liz Zentos (National Security Council), Michael Kimmage (State Department), and David Kramer (McCain Institute).

FARA documents filed by Schoen showed that he was paid $40,000 a month by Pinchuk (page 5)—in part to arrange these meetings.

Schoen attempted to arrange another 72 meetings with congressmen and media (page 10). It’s unknown how many of these meetings, if any, took place.

In September 2013, Pinchuk pays Clinton to appear at a YES event promoting Ukrainian membership of the European Union, break with Russia, and regime change in Kiev and Moscow. (Credit: Pinchuk Foundation)

Schoen also helped Pinchuk establish ties with the Clinton Foundation. The Wall Street Journal reported on March 19, 2015, how Schoen connected Pinchuk with senior Clinton State Department staffers in order to pressure former Ukrainian President Yanukovych to release Tymoshenko–a political rival of Yanukovych–from jail. And the relationship between Pinchuk and the Clintons continued. According to the Kyiv Post:

“Clinton and her husband Bill, the 42nd U.S. president, have been paid speakers at the annual YES and other Pinchuk events. They describe themselves as friends of Pinchuk, who is known internationally as a businessman and philanthropist.”

Although exact numbers aren’t clear, reports filed by the Clinton Foundation indicate that as much as $25 million of Pinchuk’s donations went to the Clinton organization.

Pinchuk also has ties to Leshchenko, the Ukrainian MP who leaked the information on Manafort. Leshchenko had been a frequent speaker at the Ukrainian Breakfast, a traditional private event held at Davos, Switzerland, and hosted by the Victor Pinchuk Foundation and has also been pictured with Pinchuk at multiple other events.” (Read more: The Epoch Times, 4/26/2019)

March 28, 2013 – Emails reveal Podesta Group’s work for Pro-Russia Ukrainian political party

“Judicial Watch today released new documents from the U.S. Department of State showing the Podesta Group working on behalf of the pro-Russia Ukrainian political group “Party of Regions.” The new documents also show longtime Obama and Clinton counselor John Podesta lobbying on behalf of his brother’s firm.

Judicial Watch obtained the documents in a Freedom of Information Act (FOIA) lawsuit against the State Department filed on November 20, 2017, (Judicial Watch v. U.S. Department of State (No. 1:17-cv-02489)). The lawsuit was filed after the State Department failed to respond to a September 13, 2017, FOIA request for:

  • All records of communication between any official, employee, or representative of the Department of State and any principal, employee, or representative of Podesta Group, Inc.
  • All records produced related to any meetings or telephonic communications between any official, employee, or representative of the Department of State and any principal, employee, or representative of Podesta Group, Inc.
  • All records regarding the European Centre for a Modern Ukraine.
  • The FOIA request covers the timeframe of January 1, 2012 to the present.

A March 28, 2013, email from now-Deputy Executive Secretary in the Office of the Secretary of State Baxter Hunt shows the Podesta Group, led by Tony Podesta, a Clinton bundler and brother of Clinton’s 2016 campaign chairman John Podesta, represented the Party of Regions, a pro-Kremlin political party in Ukraine.

In the March 2013 email, to a number of officials including then-U.S. Foreign Service Officer John Tefft (who would go on to be U.S. Ambassador to Russia in 2014) and State Department director for the Office of Eastern Europe Alexander Kasanof, Hunt writes:

See below, I also stressed to them the need for GOU to take concrete steps to get new SBA with IMF and avoid PFC/loss of GSP. Podesta Group is noted among host of Ukraine lobbyists in article I’ll forward in article on low side.

  • Ben Chang and Mark Tavlarides of the Podesta Group, which is representing the Party of Regions, told us they were working with Klyuyev on a visit he plans to make to Washington in early May. They are working to broaden the POR’s contacts on the Hill, including setting up a meeting for Klyuyev with Chris Smith, and have advised Kyiv to stop trying to justify their actions against Tymoshenko in Washington. They also noted that during his recent meeting with former EC President Prodi, HFAC Chairman Ed Royce said that Congress would not be enacting sanctions legislation against Ukraine.

The Party of Regions served as the pro-Kremlin political base for Ukraine’s former President Viktor Yanukovych, who fled to Russia in 2014.

Like Paul Manafort, who is currently under indictment in the errant special counsel Russia investigation, the Podesta Group had to retroactively file Foreign Agent Registration Act disclosures with the Justice Department for Ukrainian-related work. The filing states that the Podesta group provided for the nonprofit European Centre for a Modern Ukraine “government relations and public relations services within the United States and Europe to promote political and economic cooperation between Ukraine and the West. The [Podesta Group] conducted outreach to congressional and executive branch offices, members of the media, nongovernmental organizations and think tanks.” Unlike Manafort and his partner Rick Gates, the Mueller special counsel operation hasn’t indicted anyone from the Podesta Group. (Read more: Judicial Watch, 5/17/2018)