U.S. Tax Judge Revives Clinton Foundation Case In Wake of Durham Report

OPINION:  This article contains commentary which may reflect the author’s opinion

A renewal of law and order and justice may be around the corner if a judge takes a serious look at the highly suspicious nonprofit launched by two top Democrats 20 years ago,  former President Bill Clinton and long-time politician Hillary Clinton.

The original scandalous charge against the political power couple over alleged financial corruption was brought by whistleblowers and presented to the IRS and investigated in Dallas in 2016.

While long forgotten by now, the case has been revived by a U.S. tax judge in the wake of special counsel John Durham completing his ‘Russiagate’ probe, which overturned more signs of corruption from within the foundation’s activities.

The Dallas Review reported the details of the IRS investigation at the time when Hillary Clinton was the Democrat nominee for President.

Here is what they wrote then:

“Earlier this year, 64 GOP members of Congress asked the IRS to investigate why the foundation can keep its nonprofit status. The letter includes “media reports” claiming pay-to-play relationships between former President Bill Clinton, who received hefty speaking fees, and decisions made by Hillary Clinton to approve choices that benefited foundation donors. The sources of these reports range from The New York Times to hit-piece investigative books.

In July, the IRS sent letters back to Congress informing members the review had begun. The letter also noted that the Tax Exempt and Government Entities Division (TE/GE) office in Dallas would be conducting the review.

IRS spokespeople in Dallas and Washington won’t say why the review is being conducted in Dallas. Spokespeople claim even this information would violate rules — Code 6103, staff makes sure to cite — that stop them from discussing ongoing examinations. IRS officials declined to provide details about the Dallas office, including its size, or comment on the TE/GE work in general.

On its website, the Tax Exempt and Government Entities Division refers to the operators of nonprofits as “customers.” Their mission statement is: “To provide our customers top quality service by helping them understand and comply with applicable tax laws and to protect the public interest by applying the tax law with integrity and fairness to all.”

But nothing at all happened to the foundation, which is still in operation and taking in money.

And now a judge has decided to take another look at the details of the Clinton Foundation after the recent Special Counsel report by John Durham noted that there were “significant failures to investigate allegations against” the Clinton charity.

The Clinton Foundation Whistleblowers, John Moynihan, a former federal agent, and Larry Doyle, a corporate tax compliance expert, who were responsible for the original complaints, were granted an extension and given a deadline to bring new evidence to the court.

The two posted a status update on their account in late May with a link to the court documents:

“Previously, U.S. Tax Court Judge David Gustafson had refused an IRS request to dismiss the whistleblower case, which was initially filed in 2017. Notably, three years ago, he instructed the tax agency to disclose whether it had conducted a criminal investigation into the foundation. His request was prompted by a puzzling “gap” found in the IRS’s records, raising suspicions and prompting further inquiry; the outlet noted further,” Jon Doughtery reported on more of the details of the situation for Conservative Brief, adding:

“Following the IRS’s filing of a new motion to dismiss, all parties involved in the case presented their arguments over the course of the past year. However, on Monday, Gustafson decided to delay ruling on those motions and instead requested new arguments considering three recent court rulings that have set important precedents.”

The two whistleblowers posted more about the case on Twitter:

The IRS has attempted to bring the Clinton Corruption case to a close for years and has been turned back each time, frustrating the agency yet leaving the case in limbo without any real justice for the American people- but that might be changing.

“U.S. Tax Court Judge David Gustafson has already once before denied an IRS request to dismiss the whistleblower case, first brought in 2017. And three years ago, he ordered the tax agency to reveal whether it criminally investigated the foundation, citing a mysterious “gap” in its records,” according to media reports.

The three recent rulings in other tax cases “may affect the parties’ positions as to the pending motions,” Gustafson noted in his ruling. “We will order further filings so that the parties may address those recent opinions.”

Moynihan and Doyle have until June 30 to provide updated arguments, while the IRS has until July 28 to respond.

That means it is highly likely that the case will continue for several more months, Just the News added, noting further:

Monday’s ruling adds new intrigue to a case that first surfaced nearly five years ago when Doyle and Moynihan, two respected forensic financial investigators, revealed the existence of their 2017 IRS whistleblower complaint against the foundation during a congressional hearing.

Moynihan and Doyle testified to a House committee in December 2018 that they believed the foundation wrongly operated as a foreign lobbyist by accepting overseas donations, then trying to influence U.S. policy.

The foundation “began acting as an agent of foreign governments early in its life and throughout its existence,” Moynihan said at the time during his testimony. “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,” he added.

The foundation has admitted that previous internal audits identified compliance issues with certain practices but maintained that those problems have since been addressed.

In October 2020, Gustafson allowed the whistleblower case to move forward, rejecting the IRS’s request for summary judgment. In his decision, he referred to nonpublic evidence that indicated the possibility of a joint criminal investigation by the FBI and IRS targeting the foundation.

Gustafson raised the possibility that the IRS whistleblower office may possess undisclosed evidence pertaining to the case.

“There are facts and information, uniquely within the knowledge of the Whistleblower Office that need to be considered in connection with the resolution of the petitioner’s claim,” he wrote in May 2021.

“Some of that evidence burst into public earlier this month when Durham divulged in his 306-page final report that the FBI had four ongoing investigations during the 2016 election into Bill and Hillary Clinton’s business and philanthropic activities,” Just the News noted.

“As the 2016 presidential election was reaching its conclusion, all four investigations were terminated, with senior FBI and Justice Department officials allegedly playing a role in delaying or halting the probes,” the report added.


Leave a Reply

Your email address will not be published.






Send this to a friend