CharityWatch has issued a "?" rating for the National Rifle Association (NRA) Foundation for its fiscal 2022 reporting year due to concerns related to its governance practices, which may impact the reliability of the NRA Foundation's financial reporting. CharityWatch has also issued a Governance Exception to the NRA Foundation due to the legal action brought by the Office of the Attorney General for the District of Columbia, as well as the ongoing legal action against the NRA, a related organization, by the New York State Attorney General. CharityWatch issues a separate rating for the National Rifle Association (NRA), a 501(c)(4) tax-exempt social welfare organization. Please read Related CharityWatch Articles for additional information.
According to the NRA Foundation's Audited Financial Statements for the fiscal year ended December 31, 2022 (Note 8, Commitments And Contingencies): "On August 6, 2020, the District of Columbia Attorney General (the "DCAG") filed an action against the NRA and the NRA Foundation alleging that the NRA improperly diverted funds from the NRA Foundation and that the NRA Foundation failed to act independently from the NRA. The DCAG also alleged that the NRA Foundation failed to implement appropriate controls and protocols in relation to the funds." "At the outset the DCAG asserted two faulty causes of action against the NRA for a 'constructive trust' -- a device that exists only as a remedy, but not a cause of action. As a result, the two original causes of action against the NRA were dismissed on that basis in December 2020." "On July 16, 2021, however, the DCAG amended his complaint to name the NRA as a defendant in the claims previously asserted against the NRA Foundation. The two statutory claims are for alleged (i) exceeding or abusing the authority conferred by law in violation of the District's Nonprofit Corporation Act, D.C. Code...29-412.20(a)(1)(B); and (ii) continuing to act contrary to nonprofit purposes in violation of the District's Nonprofit Corporation Act, D.C. Code...29-412.20(a)(1)(C). The complaint also asserts a common law claim for alleged violation of nonprofit purposes." "The DCAG continues to seek a constructive trust over funds in the NRA's possession that the DCAG alleges belong to the NRA Foundation. The relief the DCAG seeks against the NRA Foundation includes: (i) modifying the NRA Foundation's governance policies to ensure independence from the NRA; (ii) appointing a court-supervised independent receiver to oversee the modification of the NRA Foundation's governance policies and monitor all the NRA Foundation's financial decisions and transactions; and (iii) requiring the NRA Foundation's Board of Trustees and officers to undergo charitable nonprofit corporate governance training." "Fact discovery was completed in May 2022. Expert discovery was completed in October 2022. Discovery was reopened for a limited purpose (pertaining to the NRA Foundation's records related to grants to the NRA) until April 30, 2023. A mediation, which is mandatory under applicable rules, is scheduled for September 13, 2023. A two-week bench trial is scheduled for January 16, 2024. At this stage it is not possible to evaluate the likelihood of any particular outcome or estimate the amount or range of any potential loss with any reasonable degree of certainty." |
According to the NRA Foundation's Audited Financial Statements for the fiscal year ended December 31, 2022 (Note 9, Related Parties): "The Foundation is affiliated with the NRA by virtue of the control vested with the NRA's Board of Directors to appoint the Trustees of the Foundation. The Foundation has received certain benefits from this affiliation at no cost, among which are various administrative and support services. Management has determined that the fair value of these benefits is minimal, and accordingly, no amounts are reflected in these financial statements." "The Foundation reimburses the NRA for certain expenses, such as salaries, benefits, and general operating expenses, paid by the NRA on the Foundation's behalf. These expenses totaled $9,694,495 and $8,621,074 for the years ended December 31, 2022 and 2021, respectively. As of December 31, 2022, and 2021, $1,158,701 and $1,373,052, respectively, was owed to the NRA and included in due to affiliates for reimbursements and pass through funds still held by the Foundation. $28,718,687 and $35,249,029 of funds that are designated for the NRA as beneficiary are included in investments and net assets with donor restrictions as of December 31, 2022 and 2021." "The Foundation funded certain qualified NRA programs with grants totaling $6,367,910 and $4,819,586 for the years ended December 31, 2022 and 2021, respectively..."
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