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Federal tax judge allows whistleblower case against Clinton foundation to proceed
Just The News ^ | October 12, 2020 | John Solomon

Posted on 10/13/2020 4:03:55 AM PDT by Qiviut

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 America's most famous political families.

U.S. 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 (WB) 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.

File

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 U.S. 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 from Just the News seeking comment.

But 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.

"Order that petitioners application to take deposition of Jimmy Corley is placed under seal until further direction," a September entry in the court docket reads.

File

File

Corley did not respond to a call seeking comment Monday. 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 U.S. Attorney John Durham, the prosecutor named to review misconduct in the FBI's Russia collusion probe targeting President Trump, has expanded his probe to look at the bureau's conduct in investigating any allegations against the Clinton Foundation.



TOPICS: News/Current Events; Politics/Elections
KEYWORDS: clintonfoundation; corley; davidgustafson; dubyajudge; durham; fbi; its; jimmycorley; johndurham; johnfmoynihan; johnmoynihan; judiciary; lawrencedoyle; lawrencewdoyle; taxcourtjudge; unitedstatestaxcourt; ustaxcourt
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If nothing else & at a minimum, this WILL be giving the Clintons heartburn.
1 posted on 10/13/2020 4:03:55 AM PDT by Qiviut
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To: Qiviut

The day after Solyndra went bankrupt the FBI swooped in and took all the financial records. What happened to them?

I know this is off topic but yet another example of the FBI covering up crimes.


2 posted on 10/13/2020 4:11:01 AM PDT by Mr. K (No consequence of repealing obamacare is worse than obamacare itself)
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To: Qiviut

As a 70 year old man, I just hope I live to see the Clintons charged with some felony and go to jail, I know this is a pipedream.


3 posted on 10/13/2020 4:14:52 AM PDT by ImNotLying (The Constitution is an instrument for the people to restrain the government...Patrick Henry)
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To: Qiviut

Why isn’t this thread showing the replies.


4 posted on 10/13/2020 4:18:59 AM PDT by ImNotLying (The Constitution is an instrument for the people to restrain the government...Patrick Henry)
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To: ImNotLying

Me too- and I’m almost 63.

I hope they don’t die first before they go to jail


5 posted on 10/13/2020 4:19:58 AM PDT by Mr. K (No consequence of repealing obamacare is worse than obamacare itself)
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To: ImNotLying

Showing the number of replies like the rest


6 posted on 10/13/2020 4:20:25 AM PDT by ImNotLying (The Constitution is an instrument for the people to restrain the government...Patrick Henry)
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To: ImNotLying

never mind, i see it now


7 posted on 10/13/2020 4:23:50 AM PDT by ImNotLying (The Constitution is an instrument for the people to restrain the government...Patrick Henry)
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To: Qiviut

“The foundation “began acting as an agent of foreign governments early in its life and throughout its existence,””

I want to know more about the Clintons’ role in the cheap global tablets for kids: Cheap Chinese parts + Gates’ MS OS + cheap Haitian labor = inexpensive indoctrination tablets for the world’s children.


8 posted on 10/13/2020 4:30:24 AM PDT by polymuser (A socialist is a communist without the power to take everything from their citizens...yet.)
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To: Qiviut

I believe the Foundation submitted 5 years of “revised” taxes.


9 posted on 10/13/2020 4:39:02 AM PDT by Sacajaweau
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To: Qiviut

After 4 years the FBI, IRS, etc. the duties for the citizens is for political entities. Citizens have to do these things for themselves.


10 posted on 10/13/2020 4:51:29 AM PDT by keving (We the government)
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To: All
Americans demand an end to the eternal presidencies of Obama and Clinton.
<><> Congress is urged to enact a "Leave Office, Go Home and Shut Up Law,"
<><> ex-presidents are prohibited from exploiting the presidency
<><> shakedowns of entities with whom they conducted official business are prohibited,
<><> profiteering by ex-presidents is to be penalized to the fullest extent of the law.

<><> ELECTED MEMBERS, their spouses, ex-spouses, SO's, family, friends, staff are PROHIBITED
<><> from having non-profits, foundations, organizations
<><> any and all entities that preys on companies with business before the Congress......
<><> being associated with the aforementioned......
<><> and/or profiting therefrom.

11 posted on 10/13/2020 4:55:28 AM PDT by Liz ( Our side has 8 trillion bullets; the other side doesn't know which bathroom to use.)
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To: Qiviut
If nothing else & at a minimum, this WILL be giving the Clintons heartburn.

I was thinking more along the lines of;

Severe sphincter puckering combined with splody head insanity.

12 posted on 10/13/2020 5:00:34 AM PDT by spokeshave (White Confederate statue kills black man......Another month of protests.... (HT to seawolf101))
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To: All
This ruling against the IRS comes as reports say Prosecutor Durham has expanded his FBI's Russia collusion
probe...... to examine the L/E bureau's conduct investigating allegations against the Clinton Foundation.

====================================

Hillary exploits her status as prez front-runner, looking happy as a clam, pocketing a $300,000 speaking fee,
from Ukrainian oligarch, Viktor Pinchuk. Pinchuk donated $29 million to the Clinton Foundation.

SOURCE http://observer.com/2017/01/ukraine-hillary-clinton-donald-trump-election/http://observer.com/2017/01/ukraine-hillary-clinton-donald-trump-election/

OPINION Ukraine Tried to Tip the Election in Clinton’s Favor
Ukraine intervened to tilt the election to Clinton b/c she favored its national interests

By Michael Sainato • 01/12/17

Politico reported that the Ukrainian Government worked to aid Hillary Clinton during the 2016 presidential elections. The actions taken by government officials included disseminating “documents implicating a top Trump aide in corruption and suggested they were investigating the matter, only to back away after the election. And they helped Clinton’s allies research damaging information on Trump and his advisers.”

Those documents implicated Trump’s former campaign manager, Paul Manafort, who worked as an adviser for now-ousted Ukrainian President Viktor F. Yanukovych. However, the concerns that the documents raised weren’t in fact over any quasi-Russian ties, though partisan reporting pushed his narrative. Rather, the documents raised the question of whether Manafort declared the income that he had received from the position. The Podesta Group, a lobbying firm co-founded by Clinton Campaign Chair John Podesta, also conducted work for Yanukovych.

However, the Manafort narrative not only painted Trump as pro-Russian, but also provided the Clinton campaign with a smear campaign while reaffirming its stance against Russia. It was in Ukraine’s best interest to tilt the election in support of Clinton, who strongly advocated for providing Ukraine with military aid and financial support in order to fight Russian separatists in the country.

Politico noted that Alexandra Chalupa, a Ukrainian-American working as a consultant for the Democratic National Committee (DNC), met with top Ukrainian Officials in Washington D.C. about forcing Manafort’s resignation in order to perpetuate the narrative that Trump is connected to Russia. Both Chalupa and her sister Andrea have strongly pushed the anti-Russian narrative on social media, in addition to advocating that the electors of the electoral college defect from Trump. The report added, “Politico’s investigation found evidence of Ukrainian government involvement in the race that appears to strain diplomatic protocol dictating that governments refrain from engaging in one another’s elections.”

In addition to the Chalupas, the co-founder and CTO of Crowdstrike, the cyber security firm that the DNC hired to investigate the alleged hacks, Dmitri Alperovitch, also serves as a senior fellow to the Washington-based think tank Atlantic Council, which is an openly anti-Russian organization partly . The Atlantic Council is funded by Ukrainian oligarch Victor Pinchuk, who also happens to be one of the most prolific donors to the Clinton Foundation. The DNC denied multiple requests from the FBI to access their servers, effectively forcing the FBI to rely on CrowdStrike’s assessment of the hacks.

The Atlantic Council has propagated anti-Russian sentiment and advocated for bolstering NATO forces in anticipation of a military conflict between with Russia long before Wikileaks released emails from the DNC and Clinton Campaign Manager John Podesta. In 2013, the Atlantic Council awarded Hillary Clinton its Distinguished International Leadership Award. In 2014, the Atlantic Council hosted one of several events with former Ukrainian Prime Minister Arseniy Yatsenyuk, who took over after pro-Russian President Viktor Yanukovych was removed in early 2014. In August, Politico reported that Donald Trump’s favorable rhetoric to Russia was concerning Ukraine. The article stated, “Russia wants Trump for U.S. president; Ukraine is terrified by Trump and prefers Hillary Clinton.”

In response to their preferred candidate losing the election, Ukrainian officials are now scrambling to revert from their lobbying for Hillary Clinton and the DNC. Ukrainian President Petro Poroshenko recently signed a $50,000-a-month contract with a lobbying firm to set up meetings with U.S. officials in the new administration. Ukrainian billionaire Victor Pinchuk wrote an op-ed on December 29 in the Wall Street Journal in which he argued that Ukraine needs make compromises to establish peace with Russia. After the election, reports surfaced that Pinchuk donated to Trump’s charity to try to gain the same favor and access that his donations to the Clinton Foundation afforded him.

“The sole reason the Victor Pinchuk Foundation has reached out to President-elect Trump—as well as other world leaders—has been to promote strengthened and enduring ties between Ukraine and the West,” a spokeswoman for the Pinchuk foundation told ABC News.

While past elections in Ukraine have been viewed as proxy battles between the U.S. and Russia, it appears that the 2016 presidential election in the U.S. faced similar influence from two foreign countries attempting to influence an election outcome preferable to their own national interests.

Chelsea Clinton and Viktor Pinchuk who donated $29 million to Clinton Foundation in Kiev, Ukraine 8/21/16.

13 posted on 10/13/2020 5:05:09 AM PDT by Liz ( Our side has 8 trillion bullets; the other side doesn't know which bathroom to use.)
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To: Mr. K; ImNotLying

Me too- and I’m almost 63.

I hope they don’t die first before they go to jail

xxxxxxxxxxxxxxxxxxxxxxxxxx

if the heat gets turned up any higher, you don’t suppose hildabeast would arkancide herself & bubba?


14 posted on 10/13/2020 5:10:41 AM PDT by thinden
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To: Liz
great list!

I really liked your #1 condition:

Americans demand an end to the eternal presidencies of Obama and Clinton.
<><> Congress is urged to enact a "Leave Office, Go Home and Shut Up Law,"

15 posted on 10/13/2020 5:16:28 AM PDT by thinden
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To: thinden

I see Bubba getting away with it. She’s the one who’s in trouble for this.


16 posted on 10/13/2020 5:23:03 AM PDT by Mr. K (No consequence of repealing obamacare is worse than obamacare itself)
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To: All
POINTS TO PONDER---as the Clintons get their activities exposed:

<><> The Clinton Foundation publicly reports.....and its foundation spokesman confirmed....that other foreign entities have given more than the Pinchuk Foundation..... listed as having given the Clintons between $10 million and $25 million.

<><> Between 2009 and 2013, including when Mrs. Clinton was secretary of state, the Clinton Foundation received at least $8.6 million from the Victor Pinchuk Foundation based in Kiev, Ukraine, the Journal reported.

<><> In 2008, “Mr. Pinchuk made a five-year, $29 million commitment to the Clinton Global Initiative (a wing of the foundation that coordinates charitable projects) "to train future Ukrainian leaders and professionals to modernize Ukraine," according to the Clinton Foundation.

<><> Several alumni of the Clinton Foundation program are current members of the Ukrainian Parliament.

====================================

ITEM---Democrat Doug Schoen, a Clinton crony, arranged Washington meetings for Bielkova on behalf of Pinchuk (who hired Schoen). Meetings included one with Ciaramella and his then-boss Zentos (Zentos is now political and economic chief at the US Embassy in Tblisi). Clintonite Schoen began foreign lobbying work for Pinchuk @ $40,000 per month beginning in 2000; Schoen arranged April 2016 meetings for Bielkova with national security professionals, including Ciaramella, at Pinchuk's behest. NOTE: Schoen’s filing under the Foreign Agents Registration Act stated he didn’t attend meetings personally.....but that the meeting topic was “the Ukrainian progress in energy reform, and steps to be taken to increase energy independence.”

<><> Among a list of large donors to the Clinton Foundation, including “foreign individuals and their foundations and companies" while Clinton was secretary of state from Jan. 21, 2009 to Feb. 1, a 2015 WSJ report includes a chart of “foreign donors” to the Clinton Foundation showing “Ukraine” as a top Foreign Agents Registration Act filing shows that the meeting was arranged by Clinton crony Doug Schoen.

<><> Billionare Ukrainian oligarch Pinchuk donated from $10-25 million to the Clinton Foundation between 1994-2005. <><> Pinchuk hired Clinton pollster Doug Schoen @$40,000 per month in 2000. In 2004, Schoen introduced Pinchuk to Hillary. <><> Schoen set-up nearly a dozen meetings between Pinchuk and senior State Dept officials between Sept 2011 and Nov 2012.

<><> FOIA Emails show billionaire oligarch Pinchuk invited to dine at Secy of State Hillary's home despite denials they met.

<><> Victor Pinchuk, a former Ukrainian parliamentarian and businessman whose father-in-law is a former president of Ukraine is a connected Ukrainian who served two terms as an elected member of the Ukrainian Parliament and is a proponent of closer ties between Ukraine and the European Union.

17 posted on 10/13/2020 5:23:47 AM PDT by Liz ( Our side has 8 trillion bullets; the other side doesn't know which bathroom to use.)
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To: thinden

Glad you liked it.


18 posted on 10/13/2020 5:25:56 AM PDT by Liz ( Our side has 8 trillion bullets; the other side doesn't know which bathroom to use.)
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To: Qiviut

Bet it’s tens of millions of $$$$$.


19 posted on 10/13/2020 5:34:55 AM PDT by wardamneagle
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To: Qiviut

Bummer for Jimmy Corley. I hope he has a hefty life insurance policy that the wife and kids can cash in on when he’s Arkancide’d


20 posted on 10/13/2020 5:59:54 AM PDT by time4good
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