The Times has a quite amazing article this morning on the brazenness of John Edwards. I am on the boards of several nonprofit organizations and what he's doing violates both the letter and the spirit of the law.
In Aiding Poor, Edwards Built Bridge to 2008 - New York Times
Mr. Edwards, who reported this year that he had assets of nearly $30 million, came up with a novel solution, creating a nonprofit organization with the stated mission of fighting poverty. The organization, the Center for Promise and Opportunity, raised $1.3 million in 2005, and — unlike a sister charity he created to raise scholarship money for poor students — the main beneficiary of the center’s fund-raising was Mr. Edwards himself, tax filings show.
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But it was his use of a tax-exempt organization to finance his travel and employ people connected to his past and current campaigns that went beyond what most other prospective candidates have done before pursuing national office. And according to experts on nonprofit foundations, Mr. Edwards pushed at the boundaries of how far such organizations can venture into the political realm. Such entities, which are regulated under Section 501C-4 of the tax code, can engage in advocacy but cannot make partisan political activities their primary purpose without risking loss of their tax-exempt status.
Because the organization is not required to disclose its donors — and the campaign declined to do so — it is not clear whether those who gave money to it did so understanding that they were supporting Mr. Edwards’s political viability as much or more than they were giving money to combat poverty.
The money paid Mr. Edwards’s expenses while he walked picket lines and met with Wall Street executives. He gave speeches, hired consultants, attacked the Bush administration and developed an online following. He led minimum-wage initiatives in five states, went frequently to Iowa, and appeared on television programs. He traveled to China, India, Brussels, Uganda and Russia, and met with Prime Minister Tony Blair of Britain and his likely successor, Gordon Brown, at 10 Downing Street.
“He was not a U.S. senator; he had no office,” said Ferrel Guillory, a political program director at the Center for the Study of the American South at the University of North Carolina. “So he set up a series of entities to finance his travel, to finance a political shop and to finance an issue shop. It all adds up to a remarkable feat of keeping a presidential candidacy alive without any of the traditional bases for it.”
Mr. Edwards depended for his activities in large part on donations from supporters. In addition to the two nonprofit organizations, he created a leadership political action committee and a 527 “soft money” organization that also shared the same name: the OneAmerica Committee. These two committees each allowed donors to give more than the $2,300 per person limit in a presidential primary or general election, and, in some cases, to give in unlimited amounts.
From 2005, when he established them, through 2006, the committee and the soft money organization raised $2.7 million, most of which paid for travel and other activities that helped Mr. Edwards maintain his profile.
“It’s a permanent campaign,” said Meredith McGehee, policy director at the Campaign Legal Center, a nonprofit group based in Washington. “It’s about shaking every money tree possible and finding every means to finance a permanent campaign. It’s like having different checking accounts, with different rules, and the goal of keeping your name and agenda in the public eye.”
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Nonprofit groups can engage in political activities and not endanger their tax-exempt status so long as those activities are not its primary purpose. But the line between a bona fide charity and a political campaign is often fuzzy, said Marcus S. Owens, a Washington lawyer who headed the Internal Revenue Service division that oversees nonprofit agencies.
“I can’t say that what Mr. Edwards did was wrong,” Mr. Owens said. “But he was working right up to the line. Who knows whether he stepped or stumbled over it. But he was close enough that if a wind was blowing hard, he’d fall over it.”
Of the explicitly political entities, Mr. Edwards’ OneAmerica Committee 527 organization allowed donors to give without limitations. The money was transferred to his leadership political action committee. Leadership committees were initially created to allow prominent politicians to raise money for distribution to needy office-seekers. But Mr. Edwards spent the entire $2.7 million he raised for OneAmerica, including $532,000 raised by the 527, on himself, an increasingly common trend among politicians.
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