NY Attorney Dissolve the NRA

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xerts1191
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Re: NY Attorney Dissolve the NRA

#211

Post by xerts1191 »

Yeah it makes no sense whatsoever, the ship is sinking, and yet the band plays on


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Re: NY Attorney Dissolve the NRA

#212

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Site logo image NRA in Danger
How You Run Up Millions In Legal Bills


nraindanger
Dec 12
In the New York case, NRA moved to dismiss on the ground it was described in the complaint as "National Rifle Association of America, inc.," when its legal name didn't have "inc." in it. The judge said this was not very important, and directed the two parties to confer and submit an order for his signature that would correct the technical error.

NRA didn't, but continued to object. The judge finally issued an order, saying in it:

"Later on December 1, 2022, counsel for Defendant Wayne LaPierre submitted a letter (NYSCEF 911) requesting until December 9, 2022, to file a response. On December 9, 2022, despite the Court’s clear and unequivocal order to submit a proposed order to make a simple change, the National Rifle Association (NYSCEF 913), Mr. LaPierre (NYSCEF 916) and Mr. Frazer (NYSCEF 920) submitted letters requesting that the Court require OAG, in addition to amending the caption, to “(i) amend the summons and complaint; (ii) serve the amended summons and complaint on the NRA; and (iii) file the amended summon and complaint along with proof of their service” (NYSCEF 913). Notably, no argument has been made that any party has been prejudiced or confused by the apparently incorrect addition of “Inc.” to the NRA’s name in the pleadings under which the parties have been operating for more than two years."

"OAG’s straightforward request to change “National Rifle Association of America, Inc.” to “National Rifle Association of America” in the caption and complaint is GRANTED. . . ."

Motions and counter-motions over three letters and a period. That's how you churn up millions in legal fees, and irritate the judge
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Re: NY Attorney Dissolve the NRA

#213

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NY Case: Attorney-Client Privilege


nraindanger
Dec 17
Attorney-client privilege protects the ability of attorneys and clients to communicate, and generally results in those conversations being "off limits" to courts and to their opponents.

It sounds as if NRA's leadership is getting attorneys involved at every level of its decisions, and then arguing that the decisions cannot be probed. It's insisting that it has reformed and made a 360 degree turn (why it chose that simile is beyond us, since that turn just puts you back on the same course), but if NY wants to probe that, "you can't see that because all our reforms were based on the advice of our attorneys."

The NY Attorney General is challenging that in a motion.

"In a November 29, 2022 decision (“Decision” or “Dec.”), the Special Master held that the NRA “seeks to cloak essentially all of its ‘course correction’ and ‘360° review’ initiatives as privileged merely because the NRA included attorneys in those efforts. . . ."

"As Plaintiff will demonstrate in its anticipated motion papers, the NRA put at issue and then blocked testimonial and document discovery of issues it asserts as evidence of its reform efforts, including: (1) the determination and calculation of excess benefits by Wayne LaPierre and other NRA executives (specifically that that the determinations and calculations were complete and accurate); (2) the NRA’s investigations, including into: (a) Defendant Wilson Phillips’ conduct as CFO and Treasurer and his receipt of private inurement, (b) whistleblower retaliation specifically relating to the Brewer firm, (c) board member travel, (d) use of an NRA vendor (Ackerman McQueen) to pay for personal expenses incurred by NRA employees, (e) diversions of assets, (f) Board member Marion Hammer payments, and (f) conflicts of interest, including the LaPierre family’s relationship with the owners of several of the NRA’s largest vendors; (3) the NRA’s handling of whistleblower complaints, including the investigation of the same and treatment of complaints (which it largely delegated to litigation counsel) as well as those complaints not deemed to be made by whistleblowers. . . (4) reform of vendor relationships and compliance with contract procurement policies including those relating to Membership marketing Partners and related entities, Ackerman McQueen, Affiliated Television International, and Gayle Stanford-related entities; (5) Audit Committee review of allegations of wrongdoing and conflict of interest by defendant Wayne LaPierre, the signing of the NRA’s 2019 IRS Form 990 filing, and allegations in the Complaint; and (6) work done by K&L Gates, Morgan Lewis, Don Lan, the Brewer firm and other outside counsel and consultants hired as part of the NRA “course correction” and touted by the NRA as evidence of its good faith reform efforts."

"Specifically, Plaintiff will identify areas where the NRA used privilege as a sword and a shield, placing matters at issue but blocking Plaintiff’s ability to obtain discovery of the same and ask either that the NRA be precluded from introducing evidence relating to such topics or that privilege be deemed waived as to those topics, with discovery pertaining to these issues being permitted and other appropriate remedial relief. Plaintiff also asks for a conference to discuss next steps in this action, including the timing and process for summary judgment and expert evidence motions
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Re: NY Attorney Dissolve the NRA

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“Excess benefits by WLP and other NRA executives” 😡
“Conflicts of interest with WLPs family and certain vendors”
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Re: NY Attorney Dissolve the NRA

#215

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Site logo image NRA in Danger
Another Defeat In The NY Lawsuit


nraindanger
Dec 27
There was a fight over the "Note Of Issue," the document certifying that all discovery is done, and must be filed in order to get a trial date set. NRA's attorneys are still fighting NY's attempts (successful to date) to get certain documents, especially the "Frenken Report." As we've noted before, that 2003 report must be hot, if they are fighting to keep it secret nearly 20 years later. The fact that its author was an attorney hired by NRA, who specialized in white-collar criminal defense, may give us a clue. . . . He must have said, "you are SOOO screwed."

NRA's attorneys have been trying to delay as much as possible (they know they'll get killed at trial), while telling the board that NY is dragging its feet. In this exchange they argued the Note Of Issue shouldn't be filed until those discovery disputes were settled. The judge disagreed, and ordered the Note filed, with NY allowed to reserve the right to finish the discovery fight while the trial date approaches. NY filed it early.

NRA's attorneys had requested a jury trial (which was an insane move--why did they want to try this to a Manhattan jury?), and the Note Of Issue reflects this. A jury trial it is.

Yet another loss in the case, and a bad move stuck down the attorneys' throats. NY gave them what they asked for, good and hard.
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Re: NY Attorney Dissolve the NRA

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Post by smithers599 »

xerts1191 wrote: December 29th, 2022, 11:01 pm Yet another loss in the case, and a bad move stuck down the attorneys' throats. NY gave them what they asked for, good and hard.
But NRA's law firm got paid, from the remainder of the NRA's assets. They will keep litigating lost causes until all the money has been sucked out; only then will they stop. They're crying all the way to the bank.
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Re: NY Attorney Dissolve the NRA

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Site logo image NRA in Danger
More On The Frenkel Report


nraindanger
Jan 4
NRA's attorneys are still fighting to keep the Frenkel Report, from 2007, secret. Having lost before the Special Master, lost a second time before the Special Master, and lost before the judge, they have now filed an appeal. The only question is whether they've spent tens, or hundreds, of thousands of members' dollars trying to keep it secret.

So what can be in that report that is so terrifying 15 years after it was written? We know a few things that may give clues. We know that NRA commissioned it, and that the author was an attorney specializing in defending white-collar criminal cases. It likely concerns someone highly-connected at headquarters, and who either is still there or was there recently; otherwise why worry about keeping a report secret. Two former NRA directors recall that, around 2007, every director received an anonymous letter detailing how Millie Hallow, LaPierre's closest assistant (and a convicted embezzler) was using NRA money to buy expensive clothing and shoes for herself.

An educated guess would be that, whatever she was doing, it was big enough and caused serious enough concerns that HQ hired a white-collar criminal defense expert to tell them what to do about it.

Another educated guess would be, whatever he told them to do, they didn't. Otherwise, they'd wouldn't be fighting so hard to keep the report secret.

It's also possible that his inquiry turned up other serious problems that the leadership doesn't want to see the light of day, especially since it'd show the corruption dates back at least 15 years (some of our sources say the corruption dates back into the 1990s, making it more like 25 years)
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Re: NY Attorney Dissolve the NRA

#218

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NRA Demands Jury Trial


nraindanger
Jan 9
We jumped the gun when we early said that NRA had demanded jury trial. But now it's done just that. NRA's demand says that the NY Attorney General had demanded jury trial only as to some issues, but NRA demands it as to all issues in the case.

"Therefore, the National Rifle Association of America (the “NRA”) hereby demands a trial by jury of all issues triable of right by a jury, including, but not limited to, issues of fact related to each element of (i) Plaintiff’s claims; and (ii) the NRA’s defenses." John Frazer and Wayne LaPierre demand the same.

This is insanity, we can find no other word for it, and our attorney friends agree. The judge seems actually to be impartial and concerned with doing the right thing. Why would NRA and LaPierre demand to be tried instead by a Manhattan jury? If we searched, could we find a worse group to try NRA?

Maybe the attorneys think this will increase their fees, or maybe we should be seeking answers from this movie..
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Re: NY Attorney Dissolve the NRA

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Site logo image NRA in Danger
Reports From January NRA Board Meeting


nraindanger
Jan 11
We've been collecting reports from observers, and here is a summary:

There were about 20 spectators, and about 1/3 of those were staff, or directors' spouses. The spectator section was about one-quarter full, when in past years it was packed. 25 directors, a third of the board, was absent.

President Charles Cotton's address was mostly aimed at rival pro-gun groups, which after Bruen have filed and won challenges all over the country, while NRA has been MIA there. He said around 200 suits have been filed by the other groups, but that Bruen was NRA's case, as it sure was, and that the other groups are just building on Bruen's foundation.

VP Willis Lee gave a lively presentation, and said that they'd keep up with efforts to relocate HQ to another state. VP David Coy spent his time denouncing the NY Attorney General's "scurrilous vendetta."

Wayne LaPierre gave the usual presentation, and the board gave polite applause at the end. In presentations at previous meetings, they'd given him a standing ovation before he started, but not this time. He said that NRA would appeal to the Supreme Court the dismissal of its First Amendment lawsuit against NY (which means lots for $$$ for the Brewer firm, which lost at the trial level and on appeal).

LaPierre said NRA membership is at 4.3 million (that figure is high by our estimates), which he admitted was "not the highest ever." No, even that number would mean a decline in total membership of 1.2 million, at a time when it should be increasing with Biden & Co. helping to boost it. (This also means annual-dues paying membership must have fallen disastrously. That class of membership is something under half of the total, the other part being life members who will pay no dues in 2023. If peak total membership was 5.5 million, annual dues payers would have been 2.7 million or so. All of the decline in memberships would have been in this class, meaning it fell from 2.7 to 1.5 million, almost cut in half. There went NRA's dues revenues).

LaPierre also said that he'd be proposing a "conservative budget" for NRA, and blamed inflation (how would that hurt contributions?) and the economy -- rather than himself. The budget is already cut to the bone -- 2022 was $207 million, down from $350 million four years before -- and "conservative" can only mean cut still further.

He expressed hope that the NY litigation will be done by the "end of summer" (he didn't say how it would end; obviously without him as EVP) and then NRA can get back to funding its regular programs (rather than its attorneys). That is, of course, unless NRA is ruined financially before then
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Re: NY Attorney Dissolve the NRA

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Deposition Of NRA Treasurer Sonya Rowling


nraindanger
Jan 14
Sonya Rowling became NRA CFO and Treasurer after LaPierre fired her predecessor, Craig Spray. (Just to be clear, Rowling and Spray both seem to be honest; it was Spray's predecessor, treasurer Woody Phillips, who was involved in so many suspicious deals and took the Fifth about them). Here is her deposition. The high points:

P. 21 LaPierre has not turned in expense reports for 2019 (deposition was taken in March 2021). This suggests to us that he doesn't want anyone seeing them until the court cases are done and they can't be subpoenaed.

P. 25-26. NRA HQ issued American Express cards to certain individuals. Charges to them got minimal review -- Rick Tedrick, then the treasurer.

P. 63. What effort did NRA make to ensure that Ackerman McQueen wasn't "passing through" improper travel billings? Answer: the treasurer (Woody Phillips) was neglecting his duties there.

P. 66. Why did LaPierre personally sign the 2019 IRS Form 990? Objection, attorney-client privilege. (Always before, it'd been signed by the treasurer, but Craig Spray refused to sign it after no one would show him supporting materials or vouch for it. This was probably what got him fired).

P. 71. On the 990, it says that a copy has been provided to all members of the corporation's governing body (the board) before it was filed. But it wasn't. Why? Objection, attorney-client, it was done on advice of counsel.

P. 88. Thinks Millie Hallow repaid NRA for money misappropriated, but doesn't know. (Remember, this is the treasurer and CFO).

P. 113. Whistleblowers' concerns were prompted by Carry Guard (the disastrous insurance program). And "There were -- we were asked as an accounting department to do some things outside of our practices that we were not comfortable with at all."

P. 130 ff. A description of the meeting where the whistleblowers made their report to the Audit Committee. The whistleblowers requested that board attorney Steve Hart leave the room--sounds like they were concerned he was so enthusiastic in favor of their report that he might go overboard. Says a lot for him, and suggests why LaPierre promptly fired him. Meeting lasted somewhat over an hour. Audit Committee chair Charles Cotton and member Carolyn Meadows left in the first five minutes (!!!! This wasn't important enough to listen? More likely, they didn't want to get involved).

P. 135. Rowling's notes show she was concerned the meeting was being manipulated so as to focus on the problems discussed as if they were narrow issues to be papered-over, when the issues were serious and broad.

P. 142. NRA is paying Marion Hammer's attorneys in her (private, and failed) lawsuit alleging email harassment. (So NRA is paying her attorneys, when if she had won, she and not NRA would have gotten the money).

P. 146. List of some (former) holders of NRA Amex cards at the time of the bankruptcy. "Craig (Spray), Rick (Tedrick), Carolyn Meadows and Charles Cotton, Joe -- Joe DeBergalis."

P. 149-150. Whistleblowers' concerns included $1.8 million paid for rental of a house owned by David Stanton, a/k/a David McKenzie, an owner of Associated TV. (and of several NRA vendors, and who gave LaPierre stays on his yacht in the Bahamas). She is not aware of any NRA investigation of Associated TV. Concerns also that one of Stanton/McKenzie's companies, MMP, was billing NRA in excess of its contract amounts.

P. 170-172. MMP, one of Stanton/McKenzie's companies, had a contract calling for it to be paid $400,000 a month, yet it was billing and being paid $961,850 a month. Her understanding was that treasurer Woody Phillips had verbally approved the larger billings. (We're talking a half-million a month). She cannot recall who told her that. (Yes, everything is out of control, to where a half million a month just slips through the cracks).

P. 173. Since Craig Spray became treasurer, is she aware of any agreement with MMP to increase their pay? She is not aware of it. (This is the CFO speaking, who before then was the head of accounting operations).

P. 260. Counsel observes that the Brewer law firm received $17.5 million in the last 90 days, and over $50 million
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Re: NY Attorney Dissolve the NRA

#221

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Site logo image NRA in Danger
Deposition Of John Frazer


nraindanger
Jan 14
The deposition of John Frazer, NRA General Counsel and Secretary, is online. Major notes:

P. 21, 24, $200,000 in business suits for LaPierre was not an excess benefit, it was a business expenditure at the request of the PR agency Ackerman McQueen. (Note that it is still unclear whether A-M billed the suits to NRA, but this sounds like that).

P. 48. Millie Hallow, Wayne's "right hand woman" and convicted embezzler, billed NRA for her son's wedding. The bills were sent through a "vendor," Paul Erickson (who was convicted of fraud in other matters, and doesn't seem to have been a vendor for any other purposes). It sounds like, if you knew someone high enough in HQ, you could send a bill for anything and get it paid.

P. 51. Hallow had had her NRA American Express Card taken away for earlier abuses.

P. 54-55. Treasurer Woody Phillips also had an NRA Amex card. His spending on it has never been investigated. (He took the Fifth 60+ times in testimony in the bankruptcy trial).

P. 165-67. Hallow "diverted" $41,000 in funds, but he doesn't remember any discipline for it.

P. 194 ff. Stanton McKenzie, owner of three NRA vendors, who gave LaPierre a week on his yacht in the Carribean, much discussion of him. A subcontractor of one of his companies was separately paid by NRA (dividing up the amounts being paid so as to lessen them standing out).

P. 234 ff. Marcellin, an NRA official who was handling contracts with Lockton-Affinity, at the same time was negotiating an employment contract with that company.

P. 242-243. There were vendor contracts kept secret even from NRA's contract management people, though this has been ended.

P. 281 ff. Brewer billed NRA $900,000 for work related to its bankruptcy (even though Brewer wasn't its attorney in the Bankruptcy Court). Frazer refuses to answer whether the Brewer firm did any work on the case.

P. 295-297. LaPierre's employment contract was negotiated between LaPierre's attorney and the Brewer firm (supposedly representing NRA).

P. 303-304. Frazer, the NRA's General Counsel, had no idea that the employment contract authorized LaPierre to file for the NRA bankruptcy.

In the end: nobody in NRA HQ knows what is going on, except maybe the crooks and the Brewer law firm. A highly-placed staffer can tell an outsider to pay tens of thousands for her son's wedding and bill it to NRA, and the bill gets paid. People can misuse their company credit cards and face no sanction if caught, other than "pay it back." An attorney can be paid nearly a million for a case where he didn't appear, and the general counsel just doesn't want to talk about that. A treasurer can take the Fifth about his doings, and nobody wants to go back and investigate his spending. People managing certain contracts are told they cannot even see the contracts. MAJOR legal decisions (filing for bankruptcy is certainly that) are made by outside attorneys, without the General Counsel even being informed.

The only rule seems to be: if you have the power, loot at will.
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Re: NY Attorney Dissolve the NRA

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Post by hudsguns »

This is reason I don't send $$$ to NRA, the AZCDL currently is place for $$$ donations.

Don't matter people will keep sending NRA $$$ because of it's history and the only rep on national level, what a waste of opportunity & $$$$
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Re: NY Attorney Dissolve the NRA

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Post by kenpoprofessor »

hudsguns wrote: January 18th, 2023, 6:26 pm This is reason I don't send $$$ to NRA, the AZCDL currently is place for $$$ donations.

Don't matter people will keep sending NRA $$$ because of it's history and the only rep on national level, what a waste of opportunity & $$$$
Honestly, you're the sort I'd rather not see in the AZCDL, you're bad for their image.

Clyde
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Re: NY Attorney Dissolve the NRA

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kenpoprofessor wrote: January 18th, 2023, 7:06 pm
hudsguns wrote: January 18th, 2023, 6:26 pm This is reason I don't send $$$ to NRA, the AZCDL currently is place for $$$ donations.

Don't matter people will keep sending NRA $$$ because of it's history and the only rep on national level, what a waste of opportunity & $$$$
Honestly, you're the sort I'd rather not see in the AZCDL, you're bad for their image.

Clyde
Yeah you and others, but it's a free country you can start your own organization that excludes people that don't agree with all your ideas.
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Re: NY Attorney Dissolve the NRA

#225

Post by smithers599 »

"Embezzlement" is not "disagreeing with ideas." I will resume giving money to the NRA when the thieves are gone.
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