by WorldTribune Staff, December 19, 2018
The Clinton Foundation does not operate as a 501(c)(3) charitable foundation as required and is not entitled to non-profit status, forensic investigators told the House Oversight and Government Reform Committee on Dec. 13.
The foundation operates as a “family partnership,” John Moynihan and Lawerence W. Doyle, both graduates of the Catholic Jesuit College of the Holy Cross and former expert forensic government investigators, told the committee.
“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. “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,” Moynihan said. “As such, the foundation should’ve registered under FARA (Foreign Agents Registration Act). 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 said that “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. Less than 1/10th of one percent of the donors gave 80 percent of the money. So we follow the money.”
Doyle said 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.”
The forensic investigators stressed that they obtained all the documentation on the foundation legally and through Freedom of Information Act (FOIA) requests from the IRS and other agencies.
Philip Hackney, a tax law professor at Louisiana State University, who is a former Exempt Organizations lawyer at the IRS, and Tom Fitton, president of the government watchdog group Judicial Watch, also testified at the hearing. Judicial Watch has been at the forefront of fighting the Clinton Foundation in court to access documents requested by FOIA.
Moynihan told the committee: “We have no party affiliation to this whatsoever, No one has financed us… we are forensic investigators that approached this effort in a nonpartisan profession, objective, and independent way…we follow facts, that’s all. I emphasize none of this is our opinion. These are not our facts. They are not your facts. They are the facts of the Clinton Foundation.”