Feds received whistleblower evidence in 2017 alleging Clinton Foundation wrongdoing

The Hill:

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.”

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.

I asked a half-dozen former federal investigators to review the submission and key evidence; all said the firm’s analysis of tax-exempt compliance issues would not be that useful to federal agencies that have their own legal experts for that. But they stressed the evidence of potential criminality was strong and warranted opening an FBI or IRS probe.  more