Federal tax judge allows whistleblower case against Clinton Foundation to proceed!

LITTLE ROCK, Arkansas (PNN) - October 13, 2020 - A federal judge is allowing a whistleblower complaint to proceed against the Clinton Foundation, ruling the IRS abused its discretion in trying to dismiss allegations of nonprofit wrongdoing by one of Amerika’s most famous political families.

Fascist Police States of Amerika Tax Court Judge David Gustafson denied the Internal Revenue Service’s request for a summary motion, ruling the whistleblower complaint by John Moynihan, a former Drug Enforcement Agency official, and Larry Doyle, a corporate tax compliance expert, provided specific credible documentation’ supporting their allegations of possible tax-exempt legal violations by the Clinton charity based in Arkansas.

Gustafson said the agency’s Whistleblower Office (WBO) wrongly denied Moynihan's and Doyle's claims simply because the IRS Criminal Investigation (CI) office sent an email saying the issues in the complaint were closed. The judge said he had reason to believe from the evidence that the IRS and the FBI engaged in some investigative activity.

The record “fails to support the WBO’s conclusion that CI had not proceeded with any action based on petitioners’ information. Accordingly, we deny the motion on the grounds that the WBO abused its discretion in reaching its conclusion, because not all of its factual determinations underlying that conclusion are supported by that record,” Gustafson wrote.

Gustafson dropped several hints of FBI involvement in an IRS investigation, quoting in his ruling from non-public information in the IRS records in which the whistleblowers discuss their contacts with law enforcement:

“The FBI in [redacted] has thanked us profusely and praised our report excessively. As one individual close to the investigation commented to me, ‘you and your colleagues have saved numerous federal agents thousands of hours of work.’”

Moynihan and Doyle are financial forensic investigators who filed a complaint with the IRS alleging the Clinton Foundation violated tax laws governing tax-exempt charities. They burst onto the scene in December 2018 when they testified before a congressional committee that the Clinton Foundation wrongly operated as a foreign lobbyist by accepting overseas donations and then trying to influence FPSA policy.

The Foundation “began acting as an agent of foreign governments early in its life and throughout its existence,” Moynihan testified at the time. “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.”

The Clinton Foundation has acknowledged past paperwork and compliance issues but steadfastly denies the whistleblower allegations, suggesting the investigators had a financial reward motive for making them. A spokesman for the Foundation didn’t return an email seeking comment.

The judge’s ruling means the case will live on, as he asked the IRS and the whistleblowers for a schedule of next actions. The docket in the case shows Moynihan and Doyle have asked the court for permission to take a deposition from Jimmy Corley, the chief of accounting compliance for the state of Arkansas, as their next witness. The court has sealed the request.

Corley did not respond to a call seeking comment. His agency would have regulatory authority over any accounting firms in Arkansas that provided tax advice, audits or bookkeeping for the Clinton Foundation.

The ruling against the IRS comes as reports emerged recently that FPSA Attorney John Durham, the prosecutor named to review misconduct in the FBI's Russia collusion probe targeting President Donald Trump, has expanded his probe to look at the bureau’s conduct in investigating any allegations against the Clinton Foundation.