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"The Clinton Foundation appears to be a rogue charity that has neither been organized nor operated lawfully from inception to date-as you will grow to realize, it is a case study in international charity fraud, of mammoth proportions...  Foundation entities are part of a network that has defrauded donors and created illegal private gains of approximately $100 billion in combined magnitude since 1997."

http://charlesortel.com/concentrating-on-clinton-foundation-facts

Concentrating on Clinton Foundation Facts

The attached Executive Summary continues an investigation into the Clinton Foundation public record begun, by chance, in February 2015.

Since then, questions have started to swirl around the various entities that comprise what I call the Clinton Charity Network: a group of entities supported by a variety of donors from inside the United States and around the world.

Beginning today, and regularly thereafter, numerous detailed Exhibits will examine the known public record of the Clinton Charity Network within the context of applicable state, federal, and foreign laws.

The next Exhibit, Exhibit 1, is scheduled to follow the Executive Summary late on 7 September 2016.

To the extent feasible, comments and suggestions made via this website will be returned by email.

EXECUTIVE SUMMARY
 
Understanding the Clinton Foundation Public Record in Proper Context: 1997 to Present
 
To informed analysts, the Clinton Foundation appears to be a rogue charity that has neither been organized nor operated lawfully from inception in October 1997 to date--as you will grow to realize, it is a case study in international charity fraud, of mammoth proportions.
 
In particular, the Clinton Foundation has never been validly authorized to pursue tax-exempt purposes other than as a presidential archive and research facility based in Little Rock, Arkansas. Moreover, its operations have never been controlled by independent trustees and its financial results have never been properly audited by independent accountants.
 
In contrast to this stark reality, Bill Clinton recently continued a long pattern of dissembling, likening himself to Robin Hood and dismissing critics of his “philanthropic” post-presidency, despite mounting concerns over perceived conflicts of interest and irregularities.
 
Normally, evaluating the efficacy of a charity objectively is performed looking closely into hard facts only -specifically, determining whether monies spent upon “program service expenditures” actually have furthered the limited, authorized “tax-exempt purposes” of entities such as the Bill, Hillary, and Chelsea Clinton Foundation, its subsidiaries, its joint ventures, and its affiliates (together, the “Clinton Charity Network”).
 
But, popular former presidents of the United States retain “bully pulpits” from which they certainly can spin sweet-sounding themes to a general audience and media that is not sufficiently acquainted with the strict laws and regulations that do, in fact , tether trustees of a tax-exempt organization to following only a mission that has been validly pre-approved by the Internal Revenue Service, on the basis of a complete and truthful application.
 
This Executive Summary carries forward a process of demonstrating that the Clinton Foundation illegally veered from its IRS-authorized mission within days of Bill Clinton's departure from the White House in January 2001, using publicly available information which, in certain cases, has been purposefully omitted or obscured in disclosures offered through the Clinton Foundation website, its principal public portal.
 
Getting to Reality
 
The question of whether a federally authorized nonprofit corporation has been validly organized and operated is a question of fact, best answered through close review of the record.
 
Without having access to helpful corroborative materials (including board minutes, donor solicitation presentations, after-action reports to donors, management representation letters to accountants, internal memoranda, and communications with key counterparties), this Executive Summary previews 40 detailed Exhibits that dissect portions of the public record concerning activities of the Clinton Charity Network.
 
Determined review of these 40 Exhibits that deal primarily with the period 23 October 1997 (when the Clinton Foundation was organized) through 2011 (when attempts to re-organize the Clinton Foundation were most active) demonstrates beyond reasonable doubt that the Clinton Charity Network was neither organized nor operated lawfully.
 
As the following IRS publication states clearly, a nonprofit corporation must pass both an “organizational test” and an “operational test” to be legitimately exempt from federal income taxes.
 
“The Dual Test: Organized and Operated
 
1. IRC 501(c)(3) requires an organization to be both "organized" and "operated" exclusively for one or more IRC 501(c)(3) purposes. If the organization fails either the organizational test or the operational test, it is not exempt. Reg. 1.501(c)(3)–1(a)(1).
 
2. The organizational test concerns the organization's articles of organization or comparable governing document. The operational test concerns the organization's activities. A deficiency in an organization's governing document cannot be cured by the organization's actual operations. Likewise, an organization whose activities are not within the statute will not qualify for exemption by virtue of a well written charter. Reg. 1.501(c)(3)–1(b)(1)(iv).”
 
The Clinton Foundation and each part of the Clinton Charity Network fails either the organizational test, the operational test, or both of these tests. The consequences for failing to meet either the organizational test or the operational test are severe. In normal circumstances, a charity would have its tax-exempt status revoked retroactively.
 
The “charity” would then have to refile its tax returns and pay corporate income taxes upon any profits earned from the date its authorization is revoked, forward to the present.
 
Donors who took tax deductions in the relevant time periods would owe personal income taxes on contributions they had made.
 
And, a raft of criminal as well as civil sanctions would likely ensue, whose financial consequences might, or might not be mitigated by insurance.
 
What the Public Record Reveals about Clinton Foundation Entities
 
To understand the full extent of illegal activities involving Clinton Foundation entities and personnel, you must resist unvetted words and numbers published in press releases, marketing brochures, and filings to state, federal, and foreign governments, the latter having been submitted under penalties of perjury.
 
Instead, you must concentrate upon “stubborn facts”--information whose veracity you can confirm, for yourself.
 
Though allies of the Clinton family, and some extended family members believe otherwise, in truth: “...whatever may be our wishes, our inclinations, or the dictates of our passions, you cannot alter the state of facts and evidence.”
 
What does available evidence reveal about the scale and scope of frauds committed and ongoing by the Clinton Foundation Charity Network?
* * *

At this point, Ortel previews the 40 detailed Exhibits which will be published starting September 7 on www.charlesortel.com. As a preview of the extensive analysis contained in these Exhibits, "these Exhibits document an escalating pattern of lawlessness and suggest that trustees of entities in the Clinton Charity Network exhibited gross negligence and reckless disregard in performance of their solemn duties."

The exhibits can be read in their entirety in the pdf attached at the bottom of this post.

Instead, we fast forward to Ortel's conclusion:

The scope and scale of illegal activities carried out by trustees, executives, significant donors, and professional advisors in the names of Clinton Foundation entities are only evident when you consider abundant information in the public domain and then read the body of laws that serves as a framework for regulating charities and their solicitation efforts.
 
All told, declared donations to Clinton Foundation entities from 1997 through 2014 are greater than $2 billion; but this vast amount is likely a pittance when compared to sums sent to affiliated “charities” and relief efforts around the world. Though required by strict laws, no part of the Clinton Charity Network (including affiliates and joint ventures) has ever procured a comprehensive, independent, and compliant audit of its financial results.
 
No part of the Clinton Charity Network is controlled by experienced and independent trustees who can defend against conflicts of interest--in consequence Clinton charities regularly are used illegally to create substantial “private gain”, and to advance the political interests of the Clinton wing of the Democratic Party.
 
Unless and until an independent conservator is appointed by the Arkansas State Attorney General, the public will not know the true dimensions of a fraud that started in Bill Clinton's home state and in Washington, D.C., then metastasized, and spread around the world.
 
His stunning summary: "An educated guess, based upon ongoing analysis of the public record begun in February 2015, is that the Clinton Foundation entities are part of a network that has defrauded donors and created illegal private gains of approximately $100 billion in combined magnitude, and possibly more, since 23 October 1997."

* * *

Ortel leaves us with some critical questions:

Why was the Clinton Charity Network allowed to expand the scope of its illegal activities between 20 January 2001 and 20 January 2009, when George W. Bush served as president?
Why has the administration of Barack Obama allowed the Clinton Charity Fraud Network to grow even more, in bold violation of state, federal, and foreign laws from 20 January 2009 to present?
Why did Valerie Jarrett and the Obama Administration bother with the pretense of signing a legal document, late in 2008, purporting to regulate potential conflicts of interest between Hillary Clinton in her role as Secretary of State , and the Clinton Foundation, when this document was false, misleading, incomplete, and manifestly unenforceable?
Why is the IRS still resisting full-scale audits of the Clinton Charity Network?
The answer is surprising and simple--once again, Americans and regulators around the world appear to have fallen victim to the “Big Lie” strategy.

* * *

Ortel's appeal to readers is simple:

Charity fraud on international scale, led by persons who must know better, should not stand unprosecuted. Will it?
 
You can make the crucial difference. Raise your voice.
 
Contact government officials now who have not yet done enough to regulate the rogue Clinton Charity Network.
* * *

Ortel's full executive summary is below (pdf link), and those who wish to follow the release of the detailed exhibits can do so at Ortel's website. 

Download Mailing_of_5_September_2016.pdf

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