JUSTICE DEPARTMENT COMPLAINT
January 7, 2009
IN RE: ASSOCIATION OF COMMUNITY ORGANIZATIONS FOR REFORM NOW
EXCERPT The undersigned State Board delegates and National Board members of the Association of Community Organizations for Reform Now (“ACORN”) file this criminal complaint against ACORN Staff and Executive Board members for fraud, embezzlement, conspiracy and concealment, and criminal civil rights violations. Additionally, since there has already been thepublic admission that a felony was committed, it is also possible that other federal offenses havealso been committed including but not limited to;
Title 18 U.S.C. §1341, Mail Fraud,
18 U.S.C.§1001, Presenting a False Document to the an Agent of the United States Government;
18 U.S.C.§1027 False statements and concealment of facts in relation to documents required by the Employee Retirement Income Security Act of 1974
and other possible offenses including civiland/or criminal RICO violations.
18 U.S.C. §§1961-68 (RICO Act)18 U.S.C. §1001 (False Statementsto Agents of the U.S. Government),
18 U.S.C. §1341 (Mail Fraud),18 U.S.C. §1027 (ERISAViolations), and,
18 U.S.C. §241(Conspiracy Against Civil Rights).
Finally, the complainants contend that full investigations of a RICO conspiracy under 18U.S.C. §1962(c) are warranted because they assert that (1) the defendant persons (2) were employed by or associated with an enterprise (3) that engaged in or affected interstate commerceand that (4) the defendant persons operated or managed the enterprise (5) through a pattern (6) of racketeering activity, and (7) the complaints were injured in its business or property by reason ofthe pattern of racketeering activity.
Thus, the complainants feel that a formal RICO investigationis also warranted. 1. The Alleged Offense:The Complainants hereby allege a violation of Title 18 U.S.C. §241 – Conspiracy Against Constitutional Rights – which prohibits in relevant part, “two or more persons (fromconspiring) to injure, oppress, threaten, or intimidate any person in any State, Territory,Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same . . .” See, 18 U.S.C. §241.
BACKGROUND ACORN, or the Association of Community Organizations for Reform Now, is acommunity-based advocacy organization founded in 1970. ACORN became part of the story ofthe 2008 presidential election as news reports and allegations surfaced against ACORN in a number of states. These complaints refer primarily to alleged irregularities with voter registrationdrives conducted by the organization. (National Review Online: Inside Obama’s ACORN, May 29, 2008.) But also included significant embezzlement and concealment by Senior Staff and Executive Committee members.
ACORN registered as a non-profit corporation with the Secretary of State in Louisiana in 1977. Its Charter Organization ID is 04700320X. According to its corporate filings, ACORN’s principle place of business is New Orleans, Louisiana, and approximately 294 related entitiesand related non-profits are also located at this place of business. ACORN is not registered as a tax-exempt organization.
ACORN’s top three officers are President Maude Hurd of Dorchester, MA,Vice President Maria Polanco of Brooklyn, NY, and Secretary Maxine A. Nelson of Pine Bluff, AR. Maxine A. Nelson is also the director of Project Vote.Citizen’s Consulting, Inc. (CCI) provides bookkeeping, human resource and financialmanagement services exclusively for ACORN and related entities. All of CCI’s “clients” reside at ACORN office locations, utilize common management and staff. CCI is the financial “nerve center” for ACORN and it affiliated organizations which houses the corporate books and records for all ACORN entities.
ACORN Structure ACORN was founded by Wade Rathke, an activist on issues of labor unions and lowincome workers, and Gary Delgado, an activist on issues of race and social justice. It has national headquarters in New York, New Orleans and Washington, D.C. The organization describes itself as a non-profit, non-partisan social justice organization. In 2003,
ACORN opened operations in 20 new cities, including 5 state capitals. The group claims about 350,000 membersacross the country. (Wall Street Journal: Obama and ACORN, October 14, 2008.). Since 1970, ACORN has grown to more than 400,000 member families, organized in 1,200 neighborhood chapters in 110 citiesacross the U.S. and in cities in Canada, Mexico, the Dominican Republic, Peru, Argentina and India.ACORN FundingGovernment grantsAccording to an October 8, 2008 article in the New York Post, 40% of ACORN’soperations are funded through grants it receives from various governmental entities. (New YorkPost: The Pro-Barack Vote-Fraud Drive, Michelle Malkin, Oct. 8, 2008.)
Grants have been issued to ACORN by the Department of Housing and Urban Development, which gave $8.2 million to ACORN in the years between 2003 and 2006, as well as $1.6 million to ACORN affiliates. The Environmental Protection Agency gave a $100,000 grant to ACORN in 2004 for a LouisianaJustice Project, which removed lead from the homes of low income families. The JusticeDepartment also gave a grant to ACORN in 2005 for a juvenile delinquency program. (NPR:ACORN’s Money Tree Has Many Branches, October 15, 2008).
Complainants vs. ALLEGATIONS Bertha Lewis, Wade Rathke, Dale Rathke, Steven Kest, Jon Kest,Mike Shea, Zach Pollett, Helene O’Brien, Amy Schur,Liz Wolf, Beth Butler, Mildred Brown, Maud Hurd, Alton Bennett, Beth Kingsley andother unknown individuals. —SNIP—