BREAKING: Dell’Aquila Files Multi-Million Dollar Class Action Lawsuit Against Wayne LaPierre, NRA and NRA Foundation

Dell'Aquila nra class action lawsuit

David Dell’Aquila is the National Rifle Association donor who has been leading a grassroots effort to oust EVP and CEO Wayne LaPierre and other senior NRA officers. In a conversation with him last month, he laid out his four-phase strategy for bringing about those management changes with the goal of cleaning up NRA operations and making the Association more transparent and responsive to its members.

When we spoke, Dell’Aquila had put phases one through three of his plan into effect. Now he’s begun the final phase by filing a class action lawsuit against Wayne LaPierre, the NRA and the NRA Foundation accusing them of fraud in the solicitation of donations.

The suit was filed late yesterday in US District Court in Nashville. You can read it here (PDF).

Dell’Aquila is the named plaintiff in the two-part class action against the NRA and the NRA Foundation on behalf of all US citizens who have contributed to either entity from January 1, 2015 to the present.

According to the lawsuit, Dell’Aquila, a longtime supporter of the NRA, has contributed a total of $100,000 to both entities since 2015 and has pledged 75% of his estate to the NRA and its subsidiaries upon his death.

The lawsuit alleges that the NRA represented that the funds he donated would be used for . . .

…gun safety education; to promote shooting sports and hunter safety; to foster wildlife conservation; and to protect gun ownership rights in the United States.

However, the plaintiffs allege that . . .

Defendants’ statements concerning the use of the solicited funds were materially false. In reality, the NRA used the solicited funds for alternative purposes, including without limitation, the following:

a. By spending over $97,000 per day for the legal services of William A. Brewer, III during the first quarter of 2019, without obtaining documentation justifying such expense.

b. By spending approximately $2 million per month for the legal services of the Brewer, over a thirteen-month period, without obtaining documentation justifying such expense.

c. By spending $274,695 for clothing purchases for Defendant LaPierre from a Beverly Hills clothing store, without reporting such expenses as income for LaPierre in the reports filed by the NRA with the Internal Revenue Service (the “IRS”).

d. By spending $243,644 on luxury travel for Defendant LaPierre to the Bahamas; Palm Beach; Los Angeles; Reno, Nevada; Budapest, Hungary; and Italy, without reporting such compensation as income for LaPierre in the reports filed by the NRA with the IRS.

e. By making inflated payments to the NRA’s advertising agency, Ackerman McQueen, without obtaining documentation justifying such expense.

f. By spending $5,446.16 per month for a luxury apartment for Megan Allen, an intern in Fairfax, Virginia.

g. By spending funds for a board meeting for the NRA, to be held in Alaska, rather than in Fairfax, Virginia.

h. By paying Defendant LaPierre an annual salary of $1.4 million

The plaintiffs also also allege the at the NRA Foundation misused funds it solicited . . .

a. By transferring approximately $80 million from the NRA Foundation (a tax deductible charitable organization) to the NRA (a non-tax-deductible lobbying organization) over a ten-year period. Such funds then became subject to the financial improprieties described in Count I of this Complaint and jeopardized the tax-deductibility of the donations made by Plaintiffs.

b. By paying $425,000 per year for nine years to the Speedway Children’s Charity, a non-profit organization not related to the NRA’s core mission.

c. By paying at least $125,000 to Youth for Tomorrow, a non-profit organization not related to the NRA’s core mission. Defendant LaPierre’s wife, Susan LaPierre, served on the board of Youth for Tomorrow, and was its President from 2013 to 2018.

The lawsuit asks that plaintiffs be awarded . . .

…damages equal to the amounts such persons donated to the NRA Foundation during the period from January I, 2015 to the present, together with costs, punitive damages and attorneys fees.

That amount isn’t yet clear, and won’t be fully known until the discovery process is complete. But along with possible punitive damages and attorneys fees, an award for the plaintiffs could easily be in the nine figure range.

One additional questionable use of NRA funds that wasn’t listed in the lawsuit was revealed in an article by the Washington Post that was published last night.

Documents indicate that the National Rifle Association planned to purchase a luxury mansion in the Dallas area last year fo the use of chief executive Wayne LaPierre, according to people familiar with the records.

The discussions about the roughly $6 million purchase, which was not completed, are now under scrutiny by New York investigators. The transaction was slated to be made through a corporate entity that received a wire of tens of thousands of dollars from the NRA in 2018, according to the people, who spoke on the condition of anonymity because of the ongoing investigation.

The New York attorney general’s office is now examining the plan for an NRA-financed mansion as part of its ongoing investigation into the gun lobby’s tax-exempt status, in which it has subpoenaed the group’s financial records, the people said.

How many other such revelations that will come to light as a result of the New York and D.C. investigations as well as the Dell’Aquila lawsuit discovery process? Stay tuned.

comments

  1. avatar Victoria Illinois says:

    So who own/runs Speedway Children’s Charity and Youth For Tomorrow?
    Instead of buying suits and fancy trips, just think what could have been done with all that money. Maybe fighting for members’ rights??

    1. avatar No one of consequence says:

      Speedway looks to be a meta-charity … from what I read, they don’t actually do anything themselves, but disburse money to other charities for children. So, an extra layer of drag on donations.

      Youth for Tomorrow looks to be a home / care organization for abused, abandoned or otherwise troubled children. Based in Virginia

      Both seem worthy; neither would seem to have anything to do with gun rights.

      1. avatar Southern Living RN says:

        Tyler Schropp is on the Board of Directors for Speedway. WLP’s wife is chair of the Board for Youth for Tomorrow. Hmmm

        1. avatar Aquila says:

          David Dell’Aquila Is just defending his legacy. No fun in donating your estate to the NRA and rather than being remembered as a hero for guns, instead you’re an idiot who flushed your life wealths down the toilet.

      2. avatar Chip says:

        Youth for Tomorrow is a legit charity / troubled youth home run in part by Joe Gibbs former coach of the Redskins. It’s a few miles from my house and does good work. HOWEVER, as a life member of the NRA that pays $$$ like the rest of you, I know it has absolutely ZERO to do with the NRA and gun rights. I am liking this class action lawsuit.

    2. Don’t know about Speedway, but LaPierre’s wife was on Youth For Tomorrow’s board and was president during the period NRAF money was being channeled to it.

  2. avatar FedUp says:

    Hey, Hammer: This is what you got us by thwarting all attempts at oversight and accountability.

    1. avatar Green Mtn. Boy says:

      Perhaps her cell will be next to Winey’s ,a coed prison set up if you will

      1. avatar Billy says:

        Nope, her and Hillary cellmates.

  3. avatar barnbwt says:

    IN for discovery notes!

    1. avatar Geoff "Guns. Lots of guns." PR says:

      Depending how they play it, discovery should be *interesting*…

      1. avatar Nanashi says:

        Hell, forget discovery: Any half decent lawyer could tear LaPierre apart just in deposition. I know that in Texas if it’s not privileged a question HAS to be answered under oath and go on the public record transcript. No idea how it works where LaPierre would be deposed, but I doubt it’s an easy ride.

  4. avatar Ginder12 says:

    Take everything Wayne has, money, houses, clothes and send his ass down the road stark naked and broke.

    1. avatar Splotch says:

      And unarmed!

      1. avatar guest says:

        Petty.

  5. avatar IN Dave says:

    I hate to seethe NRA get drug through the mud like this because I think the organization has done some good work in the past, but the current admistration has brought this upon themselves. I admire this guy for putting his money where his mouth is and following though for what he thinks is in the best interest to get the NRA back on track. Sometimes you have to move a lot of crap to get the best roses at the end.

    1. avatar enuf says:

      I figure I can get feathers out of a pillow, probably an expensive pillow but hey it’s worth it.

      The tar though, we need that so the feathers will stick to his slimey hide. Can’t use hot tar like from a roofing company, we’d get in trouble for that. Maybe a cold tar patch like is sold at Home Depot? A one gallon can would be cheap.

      Yup, Tar & Feathers, that’s the ticket!

      1. avatar No One Special says:

        If the tar isn’t hot what purpose does it serve? Hot tar is the punishment the feathers are just ridicule.

        1. avatar Felix says:

          The original used pine tar, I believe, which was liquid enough at room temperature. Burning was not the intention; it would have been murder in those days. Humiliation was.

        2. avatar strych9 says:

          Back when people were actually tarred and feathered they didnt use hot tar like today. Instead they used pine tar like that used to seal ships, which was a nice runny liquid at the temperature of a hot bath. The punishment was to be tarred, feathered and then run out of town. That way the tar made the feathers stick to you so everyone who saw you knew you fucked up badly.

          Overly hot tar was used at times but the general point wasn’t to torture someone like pouring asphalt tar would.

          Hot road tar, even today, would very likely be lethal if you got a decent covering on someone.

        3. avatar Geoff "Guns. Lots of guns." PR says:

          Pine tar is bad enough, lye soap and water won’t touch it. The only way to get it off your skin besides time is an organic solvent like turpentine (distilled pine tar) and while that was available, it was likely quite expensive.

          Man, I can’t even imagine having to wear pine tar for over a month, sticking to everything you touched……

        4. avatar No One Special says:

          I’m not saying that those other methods aren’t torturous. I sure wouldn’t want to covered in any of the other examples either. I just think that mere humiliation and a little discomfort isn’t a just punishment for such betrayal and theft.

      2. avatar Ragnarredbeard says:

        I vote for using Flex Seal spray. Easy to apply and sticky as hell.

        1. Two-part epoxy………sticks to everything, and is hard as hell to remove.

        2. avatar Darkman says:

          Use honey as it will attract bugs (Ants,Fly’s and Bees) and still perform as a sticky agent for feathers. Especially when tied over an ant hill. Fire ants of course.

        3. avatar Geoff "Guns. Lots of guns." PR says:

          “Use honey as it will attract bugs…”

          Warm (or cold) water will wash honey right off, no lasting torment like pine tar offers…

    2. avatar JK says:

      It’s not his money. This will be settled at some point and the NRA will pay the Plaintiff’s attorneys far more than the funds that the NRA allegedly misappropriated. From member dues. This is bad news for the longevity of the NRA. And bad news for gun rights. I don’t agree with everything they do, but they have done a pretty damn good job lobbying.

      1. avatar Anymouse says:

        I don’t think the point if the suit is getting money. Dell’Aquila isn’t trying to milk the NRA for cash.
        Discovery gives the plaintiff access to all the NRA financials. Another interesting tidbit is that this is alleging fraud, which probably isn’t covered by D&O insurance (if they still have it) since it’s a deliberate act.

        1. avatar Southern Cross says:

          And the NRA will hire industrial shredders to start disposing of embarrassing documents.

        2. avatar Charlie Foxtrot says:

          “And the NRA will hire industrial shredders to start disposing of embarrassing documents.”

          …. which would be criminal by itself as subpoenas for these documents have already been issued in other cases. Also note that some of these documents have already been submitted to courts, such as in the NRA v. Ackerman McQueen, Ackerman McQueen v. NRA and Oliver North v. NRA suits, and to investigative agencies, such as in the NYS AG and DC AG investigations.

          “Discovery gives the plaintiff access to all the NRA financials” .. which have already been submitted to the NYS AG, for example. Also, the NYS AG just subpoenaed the personal financials of 90 current and former Board members.

          I am sure though that the clowns at the NRA leadership will do everything in their power to make things worse. Past performance is an indicator of future performance in this case. After all, Bill Brewer wants to keep making big money off this too.

      2. avatar Ragnarredbeard says:

        Yes, they’ve done an excellent job. Tell that to people who own bumpstocks. And the people who get their guns taken away without due process because their ex hates them. Oh, and the people who would like to buy a new machinegun.

        1. avatar neiowa says:

          Where born last week? The NRA has done the lion’s share of the work since Cinncinati. Long before the new upstart ustoo yappers were created.

          PERHAPS there may be SOME reality to the allegations by the Soros twits and the MSM but I don’t know and neither does anyone of this forum. PERHAPS LaPierre has been abusing his position. But where have all these board members been over the last decades? There are/have been some very sharp gunloving businessmen on the board. Their were conned/wool pulled over their eyes??? Color be doubtful.

          Can be damn sure however that none of this is going to slow the progs and their antigun agenda. You can be certain that those SOBs Soros and Blimpberg have their hands in and are loving this.

        2. avatar Miner49er says:

          NRA Members have been underwriting Wayne’s philandering, isn’t this fascinating?

          “f. By spending $5,446.16 per month for a luxury apartment for Megan Allen, an intern in Fairfax, Virginia.”

          You know this is true, this statement was made by an attorney, an officer of the court, if this statement were inaccurate the attorney and his clients would be open to a multi million dollar libel judgment.

          Face it, Wayne and the management team at the NRA snookered you, you was had.

          No Soros money, no libtard Conspiracy, just greed and corruption.

      3. avatar MechAg94 says:

        I question whether that is true. From what I heard the NRA-ILA actually spends, it is small compared to what the NRA has wasted.

        1. avatar Charlie Foxtrot says:

          FYI: The NRA-ILA has given loans to the NRA to cover its debt.

  6. avatar No One Special says:

    Wonder if ol Frenchy will get his head out of the fence on this as well? Recent past events with the NRA tells me most likely. The best thing people can do is just quit supporting the thieves.

  7. avatar Wedge259 says:

    I have mixed feelings about this. The NRA desperately needs it, and needs a top down shakeup of its leadership, preferably with the complete removal of Wayne and his cronies. The blatant corruption/cronyism is rapidly destroying any influence that they have. My concern though is whether or not the NRA will survive this, along with the recent actions from New York’s AG. The NRA can be an effective lobbying group (at least historically), and I’m concerned as to how things may go without them guiding our congress critters. Also, the left relishes in all of this going down and sees it as a victory for them.

  8. avatar Chris T in KY says:

    I look forward to the discovery process. Mr Dell’ Aquila has deep pockets for this legal action. As does Peter Thiel for his lawsuit against the gay news site Gawker. Thiel was successful. And no it’s not wrong to use the term gay news site. The Advocate is a self described proud gay news organization.

    The Advocate is also an anti-civil rights gay news company as well.

  9. avatar aircooled says:

    How about millions of dollars in fees to Marrion Hammer, who is NOT a registered lobbyist in Florida?
    What about Wayne’s “retirement plan” of a million+ dollar a year open ended consulting contract after he leaves office?

    1. avatar Chris T in KY says:

      Hopefully the state of Florida will charge her and put her through the “meat Grinder”.

    2. avatar Green Mtn. Boy says:

      When Whiney’s behind bars perhaps he can work as a consultant when big Bubba comes to call on him at night.

    3. avatar Charlie Foxtrot says:

      It is my understanding that the Republicans in Florida are slow-walking the investigation of Marion Hammer’s failure to register as a lobbyist. Ironically, this could be much worse for
      Marion Hammer than just to get it over with now.

      If found guilty, Marion Hammer owes the State of Florida $5k for every quarter she was not registered, which could end up being $200k for 10 years of failing to register as a lobbyist. Also, the NRA would lose its lobbying status until that fine is paid.

      Note that the NRA itself may not be willing or able to give Marion Hammer that money now, so slow-walking the investigation has created a personal financial liability for Marion Hammer.

      1. avatar Anymouse says:

        Hammer individually, or as a partnership or company, would’ve banned. NRA is a client and would able to hire someone else.

        1. avatar Charlie Foxtrot says:

          No, Florida law says that a lobbyist that lobbies on behalf of an organization needs to be registered and file quarterly reports on that, disclosing income for lobbying activities. Marion Hammer lobbied on behalf of the NRA in Florida, was paid as a lobbyist by the NRA for doing so and was even registered as a lobbyist, but hasn’t filed any reports for over 10 years.

          The lobbyist who failed to file the reports needs to file the reports and pay a penalty of up to $5k for every quarter that the lobbyist failed to file, while the organization is temporarily banned to lobby in the entire state until that fee is paid. There is no permanent ban, unless the fee is never paid.

          See: https://www.thetruthaboutguns.com/fl-democrats-demand-marion-hammer-be-investigated-for-failure-to-disclose-lobbying-income/

          PS: Note my earlier mistake. Marion Hammer is a registered lobbyist in Florida, but failed to file the reports that disclose her income from that lobbying activity.

  10. avatar Green Mtn. Boy says:

    It isn’t so much David Dell’Aquila that Whiney LaPeePee and the board of directors should be worried about,he can only win a compensatory claim against them. Their real worry should be the state of N.Y. and federal investigation into their misdeeds,as those investigations carry with them possible time behind bars

    1. avatar Anymouse says:

      If he can prove fraud in a civil case, he’ll have collected a bunch of evidence that could be used later in a Federal mail fraud trial.

      1. avatar enuf says:

        Oh hey, good point!

        “Evidence” of mail fraud has been piling up in all of our mailboxes for a long damned time. No where in any of that stuff was it ever mentioned that my donations would be paying for this pretty gal to live in a high dollar apartment as an “Intern”:

        https://pbs.twimg.com/media/D6k40R3WwAEA3nS.jpg

        I don’t mean to insult the young lady, but an old geezer using other people’s money to pay a beautiful young female intern’s living expenses at a luxury apartment reeks of sleazy intent by Wayne LaPierre no matter how honorable her intentions may have been.

        1. avatar Geoff "Guns. Lots of guns." PR says:

          Look at that poor thing! So skinny and under-fed, Wayne has only been feeding her and getting some clothes on that nearly-naked girl! 😉

  11. avatar enuf says:

    Maybe going after monetary damages is the best legal tool Mr. Dell’Aquila has is to force upheaval in the NRA BoD. Enough pressure on the board members could make LaPierre and his friend’s continued presence at the NRA untenable.

    I hope so.

    Meanwhile, the NY Attorney General is out to dissolve the NRA for violations of state law regarding the operation of non-profits. The NRA should have moved it’s corporate registrations out of NY decades ago. Now here we are with all this malfeasance, fraud and outright theft and the NRA is subject to a State run by people who hate and despise the NRA’s core mission.

    That alone, maintaining corporate registration in NY should have been enough reason to fire LaPierre many years ago. Now he’s brought the NRA close to ruin and the struggle is to save it.

    I think we’re screwed, but there are still outfits on our side:

    https://helpsavethenra.com/

    http://www.savethe2a.org/

    https://gunowners.org/

    https://www.saf.org/

    1. avatar HP says:

      “The NRA should have moved it’s corporate registrations out of NY decades ago.”

      For the life of me, I cannot understand why the NRA wouldn’t have done this. NYC has made NY one of the most gun hostile states in the country. Maybe there’s a good reason they remained, I don’t know. All I do know is the Attorney General and Governor NYC voted in are going to do their best to destroy the NRA.

      1. avatar Dude says:

        Because NYC is the worldwide hub for movers and shakers?

        1. avatar Andrew says:

          But what’s it matter? The NRA HQ is in Fairfax, VA. Being incorporated in one state or another is just a paperwork issue in terms of actually doing business but being incorporated in NY opens them to ludicrous amounts of risk since NY has a long history of bending and breaking the law to get what they want at the best of times. Given the increasingly obvious financial malfeasance of WLP and the BoD, it’s an even stupider idea.

        2. avatar neiowa says:

          But NYC is damn sure not a place for AMERICANS

    2. avatar Dude says:

      LaPierre was given the chance to reform the NRA and bow out somewhat gracefully. Since he didn’t take it, and possibly caused irreparable damage to the NRA, I would like to see him lose ALL of his perks and retirement. I don’t know if that’s possible, but given the wealth he has already paid himself, he would still retire a multi-millionaire.

      1. avatar Undefined says:

        I’d like to see him lose more than that.

        I would like to see LaPierre up on federal and state charges, convicted, and incarcerated. My satisfaction will come when he is a bankrupt felon that cannot legally own a gun or vote anymore.

        He sold us out on bumpstocks and red flag laws. It’s time to return the favor.

    3. avatar Bananclip says:

      My question is if it’s a class action lawsuit and a disbursement is made to claimants how will they know who to pay?

      I guess a membership card?
      my concern is if this will “bankrupt “ the NRA!!

      1. avatar Charlie Foxtrot says:

        We are far, far away from any of this. First, eligible people would need to join this class action lawsuit. Only those who joined will get anything. If there is ever a judgement with a payout, the money can be donated right back to the reformed NRA or a gun rights organization.

        If your concern is that the NRA will go bankrupt, then you might want to take a look at the NRA’s current finances and leadership. The NRA was close to bankruptcy several times in the past 2 years and this year. It only managed to stay alive by transferring money between different organizations (which may be illegal and is under investigation), mortgaging the Virginia HQ, taking up other loans (such as from the NRA-ILA), freezing the employee pension plan, cutting spending on firearms education and training, and cutting spending on the 2018 midterms.

  12. avatar Auxwood_rebel says:

    Is this just a way to get the NRA to support gun rights for fellons? I hear Lapeirre has a pretty sweet collection.

  13. avatar Mack The Knife says:

    We should be all handing in our guns by January 23, 2021, so, enjoy them while you got them!

  14. avatar Auxwood_rebel says:

    On Tuesday’s broadcast of the Fox News Channel’s “Fox & Friends,” White House Counselor Kellyanne Conway stated that using regulatory power or executive action to combat mass shootings in a manner similar to the bump stock ban is “on the table.”

    I’m not good at chess can someone point out how this is good?

    1. avatar Chief Censor says:

      Who else is going to tech Kamala Harris how to run our government? Trump needs to lead by example.

      1. avatar Auxwood_rebel says:

        That’s the scariest part of the bump stock ban, what’s the next guy gonna do that idea.

    2. avatar Charlie Foxtrot says:

      The best comment on that so far: “Kellyanne Conway just announced that
      Donald Trump will not run for a second term.”

      https://mobile.twitter.com/BearBussjaeger/status/1159156559013957642

  15. avatar Manse Jolly says:

    What the heck are the trips to the Bahamas; Budapest, Hungary; and Italy about?

    1. avatar Charlie Foxtrot says:

      It is my understanding that the Bahamas trip was right after Sandy Hook. Wayne LaPierre felt that he needed to flee the country during a time of crisis.

      The trip to Italy has been “explained” as a visit to Beretta for fund raising and making a documentary. However, that documentary doesn’t exist and it is questionable if any additional funds were raised. This European trip not only included charter flights, but also personal cars with drivers.

  16. avatar DaveP. says:

    Some of the stuff he’s talking about in his suit goes past ‘impropriety’ and into ‘criminal’.

    Looks like a bunch of people owe Ollie North an apology.

    1. avatar Charlie Foxtrot says:

      You assume that Oliver North is innocent. Oliver North is still an NRA Board member. Why is that? After all, he tried a coup.

      Oliver North was part of the corrupt cabal at the NRA with his sweetheart deal through Ackerman McQueen. He got thrown under the bus by Wayne LaPierre in the Ackerman McQueen lawsuit, so he retaliated against Wayne LaPierre. There are really no good sides in this story, just a lot of corruption, mismanagement, malfeasance, fraud, and some ignorance (such as by Julie Golob).

      There are only very, very few good people left at the NRA and I expect them to leave ASAP, given the legal fallout from the NYS AG investigation and this lawsuit and given the fact that they don’t have liability insurance anymore.

      1. avatar Ing says:

        “There are really no good sides in this story, just a lot of corruption, mismanagement, malfeasance, fraud, and some ignorance…”

        Yep. This whole thing stinks, and the entire executive office and board of directors has it on ’em.

    2. avatar Green Mtn. Boy says:

      North was selected by Whiney La PeePee as a fall guy and was used as such,is it any wonder Pete Brownell got out of Dodge after such a short time in office.

  17. avatar Larry says:

    What have the financial officers and auditors been doing all these years ?

    1. avatar Charlie Foxtrot says:

      Rubber stamping!

  18. avatar FlaBoy says:

    New article about the $6 million mansion the NRA was trying to buy in Dallas for Wayne LaPierre last year:

    https://www.dailymail.co.uk/news/article-7332073/NRA-planned-buy-6million-Dallas-mansion-chief-Wayne-LaPierre-year.html

    1. avatar Dude says:

      NRA’s official statement on the matter: Wayne has to meet with important people so we don’t want him to look like a bum!

      1. avatar Mark N. says:

        Is there some reason he cannot meet with important people at their homes or offices?

        1. avatar Chief Censor says:

          Maybe it was a test run before he sets up his own private Island where he has his private jet pickup rich Friends of NRA.

  19. avatar MarkPA says:

    Here is my NON-professional guess. I have NO facts whatsoever to offer; just my reading of the tea leaves. I invite critique by lawyers competent in the applicable areas of the law.

    NRA is headed into bankruptcy court based on an award from this lawsuit and AGs’ action by DC and NYState. It can not survive the onslaught from all three attacks. Hiring its own attorney will clean it out.

    American courts take a very dim view of fraud; especially when the victim of the fraud is an ordinary Joe-SixPack.

    Bankruptcy courts are reluctant to liquidate a going concern. They would rather see it be re-organized if possible. Naturally, that’s not often possible in the cases of commercial concerns. Few assets remain to turn-on the lights and keep the machines running. But a not-for-profit is a different sort of beast.

    What if the bankruptcy court sees that the NfP is a century-old civil-rights organization with a membership of 5 million voters? What if those voters appear to be willing to continue to fund the shell of the organization after its assets have been washed down the lawyers’ drain? What if there is a plaintiff to whom “ownership” and management of the remaining shell can be entrusted to carry on?

    Under such circumstances I can imagine that the regular courts will give DC and NYState first dibs to impose its will on the NRA. Then, the bankruptcy court will turn-over what remains (a charter written on parchment, the records including membership list, museum collections and what-not) to the private plaintiff. By this time, all the cash will have been milked by lawyers.

    The board of directors will have been cleaned-out by this time. The plaintiff will have free-reign to reorganize the election scheme of the bylaws to his personal taste, the shell will have been relieved of its legal liabilities, and the members will be willing to carry on paying their dues.

    I can imagine that this path will be followed long enough (half-way) for even the die-hard directors to realize that they have no future. They will be better off resigning and truncating their liability to whatever they accumulated. No need to accumulate still more liability. The last loyalist directors who remain will likely face the greatest scrutiny.

    So long as the endpoint of the path can be clearly foreseen, those astute enough to limit their own exposure will do the right thing and get out-of-the-way of the inevitable. The minority of reform directors remaining are apt to jump ship first so as to concentrate the pressure on the majority of loyalist directors. Some loyalists will be advised by their private lawyers to pursue a course of self-preservation. At some point, the rump board will see their position as untenable.

    The plaintiff and his strange bedfellows, the AGs of DC and NYState, will come to some sort of accommodation. The lawyers will get the remaining cash; we don’t care how it gets carved up. The NRA’s own lawyers can take it all. DC and NYState will get a consent decree, with or without an admission of guilt. The nominal officers of NRA will put it into voluntary bankruptcy where the charter will be turned over to the plaintiff.

    All the foregoing is pure non-professional conjecture. I’d like to see critiques by lawyers having experience in the applicable areas of the law.

  20. avatar Porkchop says:

    Retired attorney here. I have some comments.

    Dell’Aquila filed this case pro se. When you file a case in any court, if you are going to be represented by a lawyer, the lawyer’s name and signature are on the first pleading, the complaint. Here, the plaintiff signed the complaint himself. The complaint itself is well-written. Is Dell’Aquila an attorney? In limited circumstances, in some states, it is permissible for an attorney to ghost-write pleadings, but that is usually reserved for small claims court, not a case like this.

    Second, even if he is an attorney, as the putative class representative, he cannot collect attorneys fees for his own work, so the request for fees is a nonstarter unless he retains an attorney later.

    Third, even if he is a lawyer, he cannot possibly do the work involved in class action litigation by himself. I have prosecuted class actions; there is a lot of work to be done and the deadlines are always too short. I am sure the defendants will have plenty of legal horsepower defending the case. One guy on the plaintiff’s side is not going to be able to keep up.

    Fourth, you never, ever file a class action complaint with only one class representative.

    I assume that, since Mr. Dell’Aquila is reportedly, a successful businessman, he is no babe in the woods with respect to legal matters. My conclusion is that there is something going on under the surface here. I don’t know what it is — yet.

    1. avatar neiowa says:

      Well for ONE the MSM and progs HATE the NRA with a burning white hot passion. Loving abortion is their only higher sacrament. There is NOTHING they wouldn’t do or say to break up the NRA and so advance there antigun agenda. So far this is shaping up as their wet dream. You might note how little cheering from the MSM is occurring on this. They know if they jump in their will queer the project. If you don’t think the MSM is tuned in you are a fool. Yet crickets from the left.

      Consider their other 5th column “projects”. The latest to fall apart is the Russians ate my homework and the Russian sown Donald Trump.

      How many agents provocateurs are on this forum. With the lack of management nothing is known about anyone posting here. As silly as a game of “Pass the Message”.

    2. avatar Charlie Foxtrot says:

      Have you read https://helpsavethenra.com? There is a hint on what you may be missing:

      “Exit strategy for Mr. LaPierre to be released soon in a national newspaper read by millions.”

      Granted, that was his plan starting several weeks ago. The totality of the circumstances may be different now, especially given the rumors about the NYS AG offering immunity deals to some.

  21. avatar Johnny Go Lightly says:

    A 6M dollar mansion ? Gotta be kidding Wayne ! Dude, which bunk do you want ?

  22. avatar Felixd says:

    So you can’t get votes to change an organization so you file a class action. Filed just in time to weaken the influence of the one national pro-gun organization that might be effective in protecting our civil rights during a period of extreme demands by socialists to diminish our liberty. Ok. I get it. You’re doing this for who again? Ego or politics?

    1. avatar Charlie Foxtrot says:

      Our resident NRA shill! What took you so long?

      Right, it is a dangerous time right now. We can’t interfere with the NRA, once again, negotiating our rights away. This time at least, the NRA has already laid the ground work over a year ago. The President is supporting the NRA’s demand for enacting red flag laws. The NRA’s and the President’s bump stock ban also provides a perfect blueprint to outlaw more. The NRA’s legacy will live on long after the NRA is dead.

      While all actual gun rights organizations said “not one more inch”, the NRA said “let’s negotiate”. The NRA is NOT a gun rights organization. It is a scam, a racket!

      1. avatar neiowa says:

        He is correct. Incontrovertible that a weakened NRA is to the benefit of the antigun progs. Your statements don’t contradict that.

        And WTF are you on this anonymous forum? Shannon, Georgie Soros? No way to know but you statements would fit the mold of one of the endless trolls. And the antigun trolls have been cycling thru TAG for years. How many years have you been here anyhow?

        1. avatar Charlie Foxtrot says:

          Wayne LaPierre & Co have damaged the NRA beyond repair. For several years now, NRA members like me, that want the NRA to survive and be an actual pro gun organization, have tried to push for reforms in the NRA. The NRA leadership has refused.

          As it has become clear now, the NRA refused to do house cleaning, because there has been mismanagement and corruption going on for decades. Any independent financial audit would have found the evidence that is now in the media.

          People like you are responsible for the demise of the NRA. Failure to hold the NRA leadership accountable for its actions has resulted in the organization being infested with mismanagement and corruption and being on the brink of collapse.

          I am an NRA Endowment Life member and my name was on Tiffany Johnson’s open letter. Where were you? I am assuming on this and other Boards under different names shilling for the NRA leadership. I have been on this Board and at Ammoland for years under the same name.

          What have you done to try to save the NRA? Nothing, absolutely nothing!

    2. avatar enuf says:

      Sooooo…… are you writing in Hillary Clinton for President this time? May as well support an anti-gun politician for President if you think the current state of the NRA requires less than drastic action to fix it.

  23. avatar John Boch says:

    The NRA Foundation transferred 80 MILLION to the NRA proper? What’s the odds of that loan ever getting paid back? And if forgiven, that would certainly trash the 501c3 status of Friends of NRA.

    And 4 million dollars to a non-shooting Speedway Childrens Charity? Whose mission statement reads:

    Founded in 1982, the mission of Speedway Children’s Charities (SCC) remains true to the ideals it was founded upon in 1982: To care for children in educational, financial, social and medical need in order to help them lead productive lives. Because of the unique conditions in every community, the issues SCC address are determined locally. Challenges ranging from learning disabilities, broken homes, and childhood cancer are on the agenda for the local chapters of SCC and the numerous non-profit organizations they support. Although priorities for SCC are set locally, we have one common goal – to ensure every child in need be given the tools to build a better, brighter and healthy future.

    WTF? That has NOTHING to do with shooting. That’s not why I spend money at Friends events.

    And then there’s Mrs. LaPierre’s favorite illegal-alien servicing org. Jesus H.

    Yeah, I’m disgusted with Friends of NRA right about now. Even more so with the corruptocrats running NRA.

  24. avatar CLarson says:

    What does this mean for the 2020 election? Is the NRA sidelined completely? Are the other gun rights organizations ready to fill the gap?

    1. avatar Charlie Foxtrot says:

      We have been telling the Board for several months now to get the NRA in order now, so that it can be effective in 2020. The Board refused and the NRA will be ineffective in 2020.

      As for the election in 2020, realize that the NRA-PVF was already doing badly in the 2018 midterms. It will be up to the Gun Owners of America (GOA) and state gun rights organizations to step up.

      Having said that, the Democrats do seem to go full retard on gun control anyway, so they do the legwork on informing gun owners who not to vote for.

      1. avatar neiowa says:

        WTF is WE? You personally? You and NRA member (life). You were in Indianapolis? Or just yapping little ole lady gossip?

        1. avatar Charlie Foxtrot says:

          I am an NRA Endowment Life member and my name was on Tiffany Johnson’s open letter. That’s the WE I am talking about. I am assuming you are just the usual NRA shill that has no clue what is actually going on at the NRA.

        2. avatar enuf says:

          Lots of NRA members have been writing to the BoD for some time. I suppose that’s the “we” being referred to.

          All I’ve ever heard back is from NRA Member Services informing me they do not refund membership dues or donations. I never said a thing about that. I wrote about BoD malfeasance, to BoD members, not to Member Services.

          Also complained about them sending me a goddamned MADE IN CHINA hat with the NRA and American Flag on it.

          Supporting Chinese Communists? The NRA? Seriously? With the Flag no less!

    2. avatar enuf says:

      Not sidelined but the financial resources are down and the reputation is badly soiled by all this. So the NRA is weaker when it needs to be very strong indeed. thank the Friends of Wayne for this shitty situation.

      Donate to GOA and SAF, links posted above. Support your state organizations too.

  25. avatar Sam I Am says:

    Interesting times. Interesting times.

    Now, if I can only find a way to fake a membership for the time interval involved. Like me some of that free money.

    More popcorn, please.

    1. avatar Geoff "Guns. Lots of guns." PR says:

      “More popcorn, please.”

      Think you’re gonna need a spur line installed to your garage to facilitate the railcars of popcorn, butter, and salt you’re gonna need?

      It might require a Wayne LaPierre-sized kickback to the head of your neighborhood HOA to ‘grease the skids’ a bit… 😉

  26. avatar Kevin says:

    I hope he’s changed his will.

    1. avatar Charlie Foxtrot says:

      He did. He is running https://helpsavethenra.com to track his efforts and the amount of money being withheld from the NRA until there is change.

      Cash Donations and Planned Giving Withheld as of August 4, 2019 is $163,695,170

  27. avatar Timothy Toroian says:

    I still say if Wayne was man he’d retire for the benefit of the organization whether or not he had committed any misdeeds. This is not discussing whether or not he’s been forthright buy why he should resign. And if he is real man he would continue as simple member.

    1. avatar Huntmaster says:

      There’s only one problem with that.

  28. avatar former water walker says:

    Oh we REALLY don’t need to see this BS. But we are. The NRA won’t get a dime from me. And you whiny azz “lifetime endowment idiot’s” deserve to see your precious bucks flushed away!

  29. avatar Ralph says:

    If the NRA is forced to the sidelines in 2020, with the Red tide rising in Washington and elsewhere, all of you can kiss your guns goodbye.

    And when your self-protection is gone, your a$$e$ will be next.

    1. avatar Ing says:

      Very likely true.

      We NEED the NRA. This is why I’m so angry at Wayne LaPierre and his cabal, as well as the entire board of directors, for getting the NRA — and by extension, all of us — into this stupid mess.

      Even if it’s not as bad as it looks from the outside, the fact remains that they created this vulnerability. None of this would be happening if they had done their jobs properly.

      1. avatar strych9 says:

        Ultimately, IMHO, this is the crux of it.

        The board and the senior executives within the NRA needed to stay “like Caesar’s wife”. They failed to live up to that responsibility.

        So even if all of the rest of these stories are made up anti NRA propaganda, even if every single allegation is baseless bullshit and this lawsuit turns out to be lies, damn lies and legal maneuvering, it matters not. The board and execs all gotta go at this point because they fucked up badly enough to allow questions of this magnitude to be raised in a serious manner.

        1. avatar Sam I Am says:

          “The board and execs all gotta go at this point because they fucked up badly enough to allow questions of this magnitude to be raised in a serious manner.”

          There ya’ go.

    2. avatar Sam I Am says:

      “If the NRA is forced to the sidelines in 2020, with the Red tide rising in Washington and elsewhere, all of you can kiss your guns goodbye. ”

      If the NRA is all that is protecting “our guns”, we are doomed. 5 million members against 64 million Dimwitocrat voters and the House? If the 63 million who voted Republicrat can’t get the job done….

      Let’s see, Leftist billionaires attacking 2A…at least 3. Conservative billionaires defending 2A, uhhh, uuummm, like none? NRA 5 million members, no billionaires.

      Depending solely on NRA is the path to slow death of an effective 2A.

  30. avatar Nanashi says:

    He’s missing
    I. Supporting infringing gun laws he has previously vowed to repeal, as admitted in a 2017 Face the Nation interview

  31. avatar RoughCut says:

    Lots of justifiable anger here in the comments. It seems readily apparent that investing (call it donation if you must) in lobbyists and lawyers has resulted in little beyond the enrichment of the lawyers and lobbyists at the top and a weakened gun rights environment.

    For my part, I figure my money and energy is best spent engaged in real training and the exercise of my rights. As opposed to paying a proxy to beg the crown not to infringe on my rights.

    If you agree, check out NRA-Alt.com

    Shut-up and Train.

  32. avatar Anthony Canales says:

    Interesting if brief filing. Catch all phrase “protecting gun ownership rights” is pretty broad, including hiring a firm to defend against the State of New York. Another problem is with claiming the expenses from Ack-McQ as an issue, yet relying upon Oliver North, an Ack-McQ employee for claims. Conflict of interest issue there. Self filing by Dell’Aquila also interesting. Claims multi-million dollar estate, can get an attorney?

  33. avatar Ron Mathews says:

    So, if this guy wins his lawsuit, what happens to the NRA? Does he or someone else have a restructure plan? Who is left in charge? New York state is hell bent to completely destroy the NRA. If that happens, what has anyone gained? Do what is right, but don’t destroy this organization.

    1. avatar Charlie Foxtrot says:

      This lawsuit will take way longer than any already ongoing investigation. I believe the main purpose of this lawsuit is to force out the existing leadership as quickly as possible. As mentioned in the comments already, the discovery process is a serious threat for the current NRA Directors and Officers. Once the current leadership is out, the lawsuit gets dropped. The lawsuit is not designed to destroy the NRA. Where did you get that idea from? Read more about the movement and the person behind it here: https://helpsavethenra.com

      The NRA has existing bylaws that specify how the organization is run. You may want to read up on those: http://www.savethe2a.org/wordp/wp-content/uploads/2019/06/NRA_Bylaws.pdf.

      The best that can happen is that the NRA leadership is transitioned to a set of reformers that are willing to change the organizational structure and establish transparency and accountability. This would require a CEO that oversees the transition and exists after that transition. The immediate goals of such a reform can be found here: http://www.savethe2a.org/five-goals/

      The worst that can happen is that the NRA gets disbanded by the NYS AG. This is going to happen if the current leadership continues to resist and obstruct. Unfortunately, they have a very good motivation for that, covering up their mismanagement and outright corruption.

      PS: Maybe the worst that can happen is that the NRA continues to exist in its current form, a broken organization that relies on propaganda to exist, negotiates rights away to remain relevant, embezzles funds, and scams people into donating.

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