Is the NRA Being Sued Out of Existence? | LegalEagle’s Real Law Review

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Added to my watch later list. I hope the NRA gets YEETED out of existence asap.

👍︎︎ 14 👤︎︎ u/MasterDecats 📅︎︎ Aug 19 2020 🗫︎ replies

Would be nice!

👍︎︎ 5 👤︎︎ u/requotation 📅︎︎ Aug 19 2020 🗫︎ replies

I think the NRA is one of the main reasons people on the left are seen as anti-gun, even though many of them (myself included) are pro-gun

👍︎︎ 1 👤︎︎ u/[deleted] 📅︎︎ Aug 20 2020 🗫︎ replies
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- Thanks to Deep Sentinel for keeping Legal Eagle safe and sound. Get 15% off the only security system that stops crime before it happens with a link below. I know I speak for the vast majority of Americans when I say thoughts and prayers to the NRA. Thoughts and prayers. These are troubled times for the National Rifle Association. The nation's oldest gun rights organization. Last year the NRA chief executive Wayne LaPierre, who has been at the helm of the organization for 30 years was accused of financial fraud by former NRA president Oliver North. When North accused LaPierre of spending donor money on private jet travel and luxury wardrobe, LaPierre fired him and the NRA sued North. North countersued, claiming that he was a whistleblower who was booted from the organization because he repeatedly tried to warn others that LaPierre and other key employees breached their fiduciary duties to the NRA. You know it's 2020 when Oliver frigging North is the one who's blowing the whistle on untoward and unscrupulous activity. Now New York has accused LaPierre and his cronies of funneling millions of dollars into their own pockets for lavish vacations, golf club memberships. Luxury black car services, African hunting trips, and much more. Newark attorney general Tish James filed a lawsuit to dissolve the NRA following an 18 month investigation that allegedly found evidence of financial misconduct that contributed to a loss of more than $64 million over a three year period. The suit alleges the top NRA executives misused charitable funds for personal gain. Awarded contracts to friends and family members, and provided contracts to former employees to ensure loyalty. When NRA board members tried to blow the whistle on this allegedly fraudulent conduct, they allegedly faced intimidation and retaliation. So it seems the New York AG is out for blood and is looking to dissolve the NRA itself. Can she do that? Is this just a partisan political attack on a very successful gun rights lobbying group? Or is there more to the story? (dramatic music) Hey legal eagles it's time to think like a lawyer because New York has the NRA in its crosshairs. See what I did there? Now according to the State of New York, the effect of the NRA's internal misconduct, quote, "has been to divert millions of dollars away from the NRA's charitable mission, imposing substantial reductions in its expenditures for core program services, including gun safety, education, training. member services and public affairs." But the NRA and its supporters have slammed the lawsuit as just the latest attempt by a blue state to cancel a successful conservative group. - It's just a lawsuit to crush an influential conservative organization in an election year Rudy? - Of course it is. I mean she's a poor excuse for a lawyer anyway. - And if a judge dissolves the NRA in New York, what happens to the organization nationally? Well that's what we're going to find out today. Now obviously when you talk about the NRA it tends to get political. And this raises a couple of concerns. First, as Popehat said, "It's perfectly possible for two things to be true at the ame time. The NRA is thoroughly corrupt and the NYAG's action is motivated by political animus." And I think that that is a valid concern. We'll talk about here. That there may be improper conduct going on, but it also may be that the investigation is slightly motivated by political animus. And that's probably not a good thing. If we support the First Amendment, we should support it in all cases. Even if people espouse beliefs about things that we don't agree with. And obviously a lot of progressives don't agree with the NRA's position. But by that same token, there's another horn to this dilemma. Which as my friend Andrew at Opening Arguments says, "the allegations against the NRA, if true, not their political activities, support dissolution and to give them a break because of their political activities seems profoundly wrong. And I think that these are two things that we should always keep in mind here. Free speech is free speech. We should allow people to espouse their beliefs. And we shouldn't punish people based on those beliefs. But at the same time, just because organization is political is also not a reason to give them a break. This is a complicated subject that probably deserves its own video. And we're going to try and thread the needle here. But I think it's worth asking that if you are on the political left and a charity that you happen to ascribe to like the ACLU or Planned Parenthood were accused and convicted of this very same things that we're talking about here, would you support the dissolution of that charity in that circumstance? But with that in mind, let's talk about the applicable laws here. Now there are at least 1.5 million nonprofit organizations in the United States. And section 501 of the U.S. tax code outlines which types of nonprofit organizations may be granted a tax exempt status by the IRS. This section States that organizations are exempt from federal income taxes if they fall under the section, which you might've heard before, 501(c). The most common title have nonprofit designation is 501(c)(3) which applies to groups which are organized and operated exclusively for religious, charitable, scientific, testing for public safety, literary, or educational purposes, or to foster rational or international amateur sports competition. Or for the prevention of cruelty to children or animals. Nonprofits organized under 501(c)(3) cannot be involved in lobbying or politics. But organizations that file under 501(c)(4) are permitted to engage in some political activities without losing their tax exempt status. And the NRA is organized as a section 501(c)(4) organization. And like a section 501(c)(3), a (c)(4) organization is tax exempt for federal income tax purposes. But that doesn't mean that they're exempt from payroll taxes, real estate taxes and so on. And in addition donations to a (c)(4) organization are typically not deductible by the donor as a charitable contribution for federal tax purposes. But that's just under the federal system. States also have certain regulations and reporting requirements for 501(c)(4)s. So let's talk about New York State law and the attorney general's authority to dissolve a nonprofit. The NRA as a 501(c)(4) corporation is a charity under New York State law. Subject to the authority of the New York Attorney General. And New York's not for profit law gives the attorney general powers over nonprofits including dissolving a, quote, "corporation that has acted beyond its capacity Restraining any person or persons from acting as a domestic or foreign corporation within the state." Seeking a judgment, removing a director of a corporation for cause. Restraining a corporation from undertaking any activities in New York State. And compelling directors and officers of a corporation which has been dissolved to quote, "account for the assets of the dissolved corporation." This gives the state AG the right two nonprofits who don't comply with New York law. Barring them from operating in the state and dissolving their legal charter. And requiring the directors and officers to pay back any money or assets that were improperly diverted. So how often does this happen? Do the courts ever dissolve a nonprofit after the state AG files a lawsuit? Well, yes. Courts have dissolved nonprofits when they commit serious fraud. And despite the fact that it's sort of been memory holed at this point, you might actually recall that the Donald J. Trump Foundation is a prime example of what happens when a New York nonprofit violates the law. So let's talk about the State of New York versus The Trump Foundation. The State of New York sued the Donald J. Trump Foundation and its directors, President Trump, Donald Trump Jr, Ivanka Trump and Eric Trump for improper transactions going back at least 10 years. The lawsuit against the Donald J. Trump Foundation was filed in June of 2018. The state said that Trump repeatedly used the Foundation money for his own personal business and political interests. A judge concluded that Trump and his children flagrantly breached their fiduciary duties. For example, in 2016, the presidential campaign directly distributed $500,000 in Foundation money at a campaign rally right before the Iowa caucus. Then candidate Trump subsequently took credit for making those payments, citing them as proof of his good deeds. In reality, the money that he doled out was not his own. It was given by individual donors to the Trump Foundation. By law, this money could not be distributed by the campaign. After the court's decision, President Trump admitted to dozens of violations of New York law, including using the Foundation's funds for that Iowa campaign event. He also admitted that he used the Foundation funds to settle legal obligations of companies that he controlled. And that the Foundation spent money on sports memorabilia and champagne, as well as on a portrait of Trump that cost $10,000. Trump admitted the Foundation failed to provide oversight over the Foundation and failed to adopt legally required policies and procedures. He admitted that these failures quote, "Contributed to the Foundation's participation in seven illegal transactions." The Trump family stipulated that the AG could take possession of the charity's remaining assets and that the Foundation would be legally dissolved. If President Trump ever founds another New York charity, he will be subject to close monitoring by the state. So please consider this your friendly reminder that the president of the United States was the head of a fraudulent charitable organization that diverted charitable funds away from charitable ends like helping cancer patients, and used them for his own personal gain. Yeah. That a thing that actually happened. All right we're gonna talk about the allegations against the NRA in a second. And believe me, they are pretty scandalous. But first let's talk about some of the requirements that New York has for nonprofits. New York nonprofits must appoint directors and officers who will discharge the duties of their respective positions in good faith. And with the care an ordinarily prudent person in a like position would exercise under similar circumstances. These individuals may only be paid quote, "a reasonable amount for services actually rendered." They cannot be paid from dividends or from distributing quote, "any part of the organization's income or profit." The board of directors must also adopt, implement, and assure compliance with the conflict of interest policy. It must implement a policy protecting whistleblowers from retaliation. Some nonprofits must register and file accurate and complete reports with the attorney general. Executives cannot lie or make misstatements of fact in any financial statement that is filed with the state. And the New York Prudent Management of Institutional Funds Act governs the management and investment of funds held by not-for-profit corporations and other institutions. The NRA does in fact, hold such institutional funds and the board of directors has a duty to use such funds for the good of the company and not for themselves. So let's talk about the allegations of the actual lawsuit itself. Despite being a national organization, the NRA was chartered by special act of the state of the New York Legislature on November 17th, 1871. And throughout its history, it's been legally domiciled in the State of New York. Despite having its headquarters in Fairfax, Virginia. The NRA has members and engages in fundraising throughout the United States and has five key missions. One, to protect and defend the Second Amendment. To promote public safety and law and order. To train people on safe handling of small arms. To promote shooting sports and to promote and defend hunting. And interestingly, the NRA of today looks really nothing like the NRA of 50 years ago. Frank Smyth, the author of "The NRA, The Unauthorized History" explains that the current makeup of the NRA relates back to the 1977 Cincinnati Revolt. At which time, hardcore gun rights advocates essentially launched a coup against the current management of the NRA and took over the ideological structure of the organization. And at the same time that the members of the NRA who launched the Cincinnati Revolt and made the organization tack to a much more ideologically extreme positions with much more local activity. They also at the same time prevented any kind of public financial disclosures from being released. Which had been standard practice up until that time. So with that in mind, the New York AG's lawsuit alleges that Wayne LaPierre and the executive staff have effectively looted the NRA's funds. Diverting the organization from furthering the goals listed by their mission statement. For personal gain unrelated to their core missions. Information from several whistleblowers is included in the complaint. Including two members of the NRA board described as dissident one and dissident two. Describe the numerous efforts by LaPierre to block them from their legal obligations to fiduciaries. The New York lawsuit names the NRA as a corporate defendant, and also the top four officials at the NRA, including Wayne LaPierre. Former chief financial officer, Woody Phillips. Former chief of staff, Joshua Powell. And general counsel, John Frazer as individual defendants. The suit accuses LaPierre of using charitable funds for personal gain including a post employment contract valued at more than $17 million. It was not approved by the NRA's board of directors. LaPierre allegedly received more than $1.2 million in expense reimbursements over four years. Including gifts for friends, travel expenses and memberships at golf clubs and hotels. LaPierre allegedly used money for purposes unrelated to the NRA's mission. Such as sending extended family on private vacations paid for by the NRA, even when he was not present. Traveling to Africa with his wife on a Safari gifted by an NRA vendor. Spending at least $3.6 million on luxury black car services and travel consultants in just two years. And in the past five years, LaPierre and his family have really visited the Bahamas by private air charter at least eight times. At a cost of more than $500,000 to the NRA. Although NRA employees are required to use the NRA's in-house travel agent to book travel. LaPierre's travel was handled by an outside travel agent who from 2016 to 2019 was paid a fixed fee of $19,000 a month. And this kind of expense obviously adds up fast. Now the complaint alleges that LaPierre used a secret poison pill contract to make him the chief executive officer for life. And a contract allegedly requires LaPierre to receive an annual payment of $1 million if he chooses to retire. However, if he's ousted from the group, the contract actually pays LaPierre even more, up to $1.5 million annually. According to the lawsuit, neither the NRA's first nor second vice president signed the contract as required by NRA policy governing procurement. And there's no evidence that the NRA board was even aware of the original contract or its numerous extensions. In addition to Oliver North, several other people tried to blow the whistle on LaPierre but he apparently retaliated against those individuals. The suit also alleges that LaPierre hired other defendants in order to help him further his self-dealing. The New York AG says that Pierre hired Woody Phillips, Joshua Powell and John Frazer despite their lack of skills or experience for their respective roles and responsibilities. At Lafayette discretion, Phillips allegedly instituted a practice whereby millions of dollars in entertainment and travel expenses incurred by NRA executives were billed to the NRA as disbursements by the NRA's largest vendor. That practice evaded both the NRA's own accounting and board established expense reimbursement process. And the IRS requirements for proper expense reimbursement. And according to the lawsuit, LaPierre, Phillips and Powell regularly use this pass-through arrangement to conceal private travel and other costs that were largely personal in nature. And wasting substantial charitable resources. The lawsuit also alleges that Woody Phillips, who as treasurer was responsible for managing the financial operations of the NRA, lied on financial disclosure forms and set up numerous deals to enrich himself and his girlfriend. And according to the lawsuit, several of Phillip's staff became whistleblowers in the summer of 2018. Disclosing to the NRA audit committee, longstanding failures by NRA senior executives, including Phillips and Powell, to comply with NRA financial policies and procedures. And Phillips allegedly set up a contract for himself just before he retired, that was supposed to be for ongoing consulting services to the incoming treasurer. But the incoming treasurer told the New York AG that he was not even aware of this contract, and that the contract was never approved by the NRA board of directors. The lawsuit also alleges that the former NRA Chief of Staff Joshua Powell's salary more than tripled a little more than two years into his tenure, which started in 2016. His salary started at $250,000, but rose to $800,000 by the second anniversary with the group. And although LaPierre described Powell as abusive to his employees, Powell was promoted after his abuses were discovered. And Powell was also accused of directing charitable funds to be used for the benefit of his family. Including approving a $5 million consulting contract with the firm McKenna and Associates. Which in turn that consulting organization ultimately hired Powell's wife and paid her $30,000 a month in consulting fees through the NRA. And even before this lawsuit, the NRA actually fired Powell in January of 2020 for misappropriating funds. And the complaint alleges that NRA General Counsel John Frazer didn't even meet the requirements required for in-house attorneys for a nonprofit. And despite the lack of qualifications, he was simply hired to help LaPierre funnel money to himself and others. And that Frazer is accused of repeatedly certifying false or misleading annual statements by the NRA. Now the lawsuit identifies 18 formal causes of action against the defense. In other words, things that give rise to some violation of law. And the key claim against the NRA as a corporation is that it has carried on, conducted, or transacted it's business in a persistently fraudulent or illegal manner. Or by abuse of its powers contrary to public policy. And the lawsuit seeks the dissolution of the NRA as a nonprofit in the state. And the second cause of action against the corporation cites New York State law that allows judicial dissolution of the nonprofit where the directors or members in control of the corporation have quote, "looted or wasted the corporate assets, have perpetuated the corporation solely for their personal benefit, or have otherwise acted in an illegal, oppressive or fraudulent manner." And if this relief is granted, the state seeks to distribute the NRA's assets towards causes consistent with its mission statement. And LaPierre, Phillips, Frazer and Powell are sued in their individual capacities for injustly enriching themselves because they obtained a benefit that should have gone to the NRA. And the New York AG asked that all of the men repay the compensation and reimbursements that they received at the detriment of the company. The men are also being sued for their breaches of their fiduciary and professional duties to the NRA. And are sought to be barred from operating charities of the future. And this leads to one of the main counterarguments about the way that the New York AG has handled this and actually seeking the dissolution of the NRA itself. And pointing to why it might be politically motivated. There've been a fair number of people that have said that if these allegations are true, the top of officials at the NRA should obviously be prosecuted and forced to disgorge the profit that they received at the detriment of the company. But even if that's the case, the organization should in fact remain. Even if we may disagree with what that organization does. Unlike the Trump Foundation, which existed apparently solely to benefit the members of the Foundation. And to be able to divert charitable funds towards their own aims, the NRA does a number of things that fit with the mission of the organization itself. Even if some of those funds were diverted by the men at the top. But the counter-counterargument is that that's an incredibly low bar and that these allegations do actually warrant dissolving the company itself. But this is not the only lawsuit against the NRA. Washington, D.C.'s attorney general is also suing the NRA Foundation, which is a separate nonprofit that's chartered in the district. For allegedly diverting funds to the NRA to help pay for improper spending by top NRA executives. And as a result, the DC lawsuit is demanding a constructive trust be placed over the amount it says was improperly diverted to the main NRA. And the NRA is also battling its former advertising agency, Ackerman McQueen. The ad agency allegedly had an arrangement with the NRA to help them cover up the excess spending. And the lawsuit against Oliver North is also ongoing. So if New York dissolves the NRA and removes its officers, what happens next? Well the NRA would cease to exist in the State of New York. But nothing would stop it from chartering under the laws of a more hospitable state. But if the court grants the state's motion to seize and redistribute the NRA's assets, the organization would probably be crippled. Even if they went to another state. The New York lawsuit seeks to remove the core officers of the NRA, which would likely mean that a new version of the NRA would need a different leadership group. But given the popularity of the NRA's mission in the United States, it's likely that many other organizations would probably step into the vacuum left by the disappearance of the NRA would take over. And many justified the mission of the NRA and the Second Amendment as a way to protect their family and their homes. 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Plus clicking on that link really helps out this channel. But remember this deal expires in a few days. So do you agree with my analysis? Should the NRA be dissolved for malfeasance or is it a political witch hunt? Leave your objections in the comments and check out this playlist over here with all of my other real law reviews. where I talk about legal issues in the news related to the Trump administration and COVID. It's all there. So click on this playlist and I'll see you in court.
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Channel: LegalEagle
Views: 894,151
Rating: 4.8725495 out of 5
Keywords: Legaleagle, legal eagle, breaking news, case, congress, court case, crime, guilty, jury, latest news, news, not guilty, political, politics, politics news, scotus, supreme court, the trial, trial, Verdict, copyright, law advice, legal analysis, lawyer, attorney, Real lawyer, Real law review, nra, national rifle association, nratv, guns, gun control, second amendment, nra lawsuit, letitia james, donald trump, wayne lapierre
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Length: 23min 36sec (1416 seconds)
Published: Wed Aug 19 2020
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