REPORT: Clinton Foundation CFO Says “I Know Where All The Bodies Are Buried”

From ZeroHedge:

The CFO of the Clinton Foundation, thinking he was "meeting an old professional acquaintance," admitted to investigators that the charity had widespread problems with governance, accounting and conflicts of interest, and that Bill Clinton has been commingling business and personal expenses for a long time, reports The Hill's John Solomon. 

Clinton Foundation CFO Andrew Kessel made the admissions to investigators from MDA Analytics LLC - a firm run by "accomplished ex-federal criminal investigators," who have been probing the Clinton Foundation for some time. 

Kessel told MDA "There is no controlling Bill Clinton. He does whatever he wants and runs up incredible expenses with foundation funds, according to MDA's account of the interview. "Bill Clinton mixes and matches his personal business with that of the foundation. Many people within the foundation have tried to caution him about this but he does not listen, and there really is no talking to him." 

MDA compiled Kessel's statements, as well as over 6,000 pages of evidence from a whistleblower they had been working with separately, which they secretly filed with the FBI and IRS over a year ago. MDA has alleged that the Clinton Foundation engaged in illegal activities, and may owe millions in unpaid taxes and penalties.

In addition to the IRS, the firm’s partners have had contact with prosecutors in the main Justice Department in Washington and FBI agents in Little Rock, Ark. And last week, a federal prosecutor suddenly asked for documents from their private investigation.

...

The memo also claims Kessel confirmed to the private investigators that private lawyers reviewed the foundation’s practices — once in 2008 and the other in 2011 — and each found widespread problems with governance, accounting and conflicts of interest.

“I have addressed it before and, let me tell you, I know where all the bodies are buried in this place,” the memo alleges Kessel said.

...

The 48-page submission, dated Aug. 11, 2017, supports its claims with 95 exhibits, including internal legal reviews that the foundation conducted on itself in 2008 and 2011. -The Hill

As Solomon noted in January, the Little Rock FBI field office has been spearhandling an investigation into pay-for-play schemes and tax code violations according to law enforcement officials. 

The officials, who spoke only on condition of anonymity, said the probe is examining whether the Clintons promised or performed any policy favors in return for largesse to their charitable efforts or whether donors made commitments of donations in hopes of securing government outcomes.

The probe may also examine whether any tax-exempt assets were converted for personal or political use and whether the Foundation complied with applicable tax laws, the officials said. -The Hill

Meanwhile, the Clinton Foundation has been under investigation by the IRS since July, 2016 according to a January report by the Dallas Observer - after 64 GOP members of congress received letters urging them to push for an investigation. The investigation is being handled by their Dallas office - far away from Washington insiders.

Of course the reference to "bodies buried" appears to be a colloquialism, but we know many will take it literally.

We report, you decide.  

Here's more on that IRS investigaiton, from the Dallas Observer:

The Earle Cabell Federal Building in downtown Dallas is an all purpose office complex, a bastion of federal bureaucracy located at 1100 Commerce St. Most people come for a passport or to get business done in front of a federal judge. But inside, a quiet review is underway that has direct ties to the raging presidential election: The local branch of the IRS' Tax Exempt and Government Entities Division is reviewing the tax status of the Bill, Hillary and Chelsea Clinton Foundation.

This IRS review has not generated similar waves as Department of Justice probes into the foundation, and has largely been forgotten in the campaign's melee. It's just not as sexy as private email servers, FBI infighting and charges of political pressure applied to law enforcement. 

But even though this examination is less scrutinized and is harder to conceptualize, it's impact may be important. The report won't likely be done in time to influence the presidential campaign — even though the review started more than four months ago — but it could certainly influence the first term of a Hillary Clinton presidency. 

As with anything tax related, the status of the foundation may be determined using rules few understand. And that makes understanding the work at 1100 Commerce St. in Dallas that much more important.

In Washington, D.C., many things start with words printed on congressional letterhead. 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 large 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 the 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 make 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 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 the office does have a mandate to review claims of exemption, including conducting “examinations to identify and address non-compliance” like the one underway with the Clinton Foundation. One IRS document called the "Tax Exempt and Government Entities Fiscal Year 2017 Work Plan" gives a more complete picture. “Filing, organizational and operational and employment tax numbered among the top issues the Exempt Organizations Examinations group uncovered in its 4,984 examinations in 2016," it says. "The filing issues primarily involved verifying exempt activities and securing delinquent returns.”

The TE/GE focuses on nonprofit groups, which is specialty work that requires experience. “They are pretty much career people,” says Ben Stoltz, an attorney with Perliski Law Group, a Dallas boutique firm with half of its business representing nonprofit groups. “It’s a different side of the IRS than people are used to seeing. ... They're generally very cooperative, but they're also the watchdogs." 

The mix of awareness and enforcement dovetails with cases that get publicity. "They have a limited budget, which is a problem, so they have to pick their targets wisely," Stoltz says. "Because this is a high profile case, they can make an example and show that no one is above the law.”

Indeed, according to the division's 2017 Work Plan, the year "will build upon efforts to increase audit efficiency and to invest our limited resources in areas that provide the greatest impact." 

The strategy is focused on big money charities: "Our examinations will cover all gross wage categories but with an emphasis on entities with gross wages of $10 million or more; approximately 75 percent of examination closures will be of these returns."

TheHill confirms these reports:

When a House subcommittee chairman bangs his gavel next week to convene an unprecedented investigative hearing into the Clinton Foundation, two questions will linger as preeminent: Is the Clinton family charity really the international do-gooder that earned a perfect four-star rating from Charity Navigator, or does it suffer from corruption and illegalities as conservatives allege? And if it is the latter, how much evidence of wrongdoing does the government possess?

The answer to the first question is that the foundation and its projects reported collecting about $2.5 billion to help global crises, from AIDS to earthquakes, even as its own auditors, lawyers and employees privately warned of problems over the years.

The answer to the second question may reside in 6,000 pages of evidence attached to a whistleblower submission filed secretly more than a year ago with the IRS and FBI.

That evidence was assembled by a private firm called MDA Analytics LLC, run by accomplished ex-federal criminal investigators, who alleged the Clinton Foundation engaged in illegal activities and may be liable for millions of dollars in delinquent taxes and penalties.

In addition to the IRS, the firm’s partners have had contact with prosecutors in the main Justice Department in Washington and FBI agents in Little Rock, Ark. And last week, a federal prosecutor suddenly asked for documents from their private investigation.

The 48-page submission, dated Aug. 11, 2017, supports its claims with 95 exhibits, including internal legal reviews that the foundation conducted on itself in 2008 and 2011.

Those reviews flagged serious concerns about legal compliance, improper commingling of personal and charity business and “quid pro quo” promises made to donors while Hillary Clinton was secretary of State.

The submission also cites an interview its investigators conducted with Andrew Kessel that quotes the foundation’s longtime chief financial officer as saying he was unable to stop former President Clinton from “commingling” personal business and charitable activities inside the foundation and that he “knows where all the bodies are buried.”

“There is probable cause that the Clinton Foundation has run afoul of IRS rules regarding tax-exempt charitable organizations and has acted inconsistently with its stated purpose,” MDA Analytics alleged in its submission. “The Foundation should be investigated for all of the above-mentioned improprieties. The tax rules, codes, statutes and the rule of law should and must be applied in this case.”

Current and former Clinton Foundation sources confirm that CFO Kessel met with MDA investigators in late 2016 and subsequently was interviewed by FBI agents in 2017. But they insist he did not implicate former President Clinton or the foundation in any illegality.

They also acknowledge that the internal reviews cited in the submission were authentic and did in fact flag issues that the foundation has tried to address, including major governance changes made public in 2013.

“The Clinton Foundation has been one of the most heavily scrutinized charitable organizations in the world, and subjected to outrageous, politically motivated allegations that have been proven false time and time again,” the foundation said in a statement. “Critics continue to resurrect these false claims to try to damage the reputation of the Clintons and the Clinton Foundation. The fact is, the Clinton Foundation has demonstrably improved the lives of millions of people across America and around the world, while earning top ratings from charity watchdog groups in the process.”

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MDA’s partners include experts whose work ranged from compliance by private Wall Street firms to Drug Enforcement Administration money-laundering investigations, terrorism-financing probes and U.S. attorney prosecutions. They specifically created the firm to investigate 501c3 charities. The firm wasn’t hired by clients but, rather, conducted its research on the Clinton Foundation at its own expense with the hope that its whistleblower submission might result in a government reward if the IRS substantiated wrongdoing and recovered tax dollars.

The IRS sent multiple letters in 2017 and 2018 to MDA Analytics, confirming it had received the submission and it was “still open and under active investigation.” But, shortly before last month’s election, the agency sent a preliminary denial letter indicating it did not pursue the allegations for reasons that ranged from a lack of resources to possible expiration of the statute of limitations on some allegations.

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