NRA’s Bankruptcy Filing Ruled “Not In Good Faith.”
Welp…so much for that plan. A Federal judge has blocked the NRA’s bankruptcy filing as “not in good faith.”
A federal bankruptcy judge dismissed an effort by the National Rifle Association to declare bankruptcy on Tuesday, ruling that the gun rights group had not filed the case in good faith.
The ruling slams the door on the NRA’s attempt to use bankruptcy laws to evade New York officials seeking to dissolve the organization. In his decision, the federal judge said that “using this bankruptcy case to address a regulatory enforcement problem” was not a permitted use of bankruptcy.
The bankruptcy trial had paused other legal challenges the NRA had been facing, but this decision returns the NRA to its confrontation with the New York Attorney General, which is seeking to shut down the group for alleged “fraud and abuse.”
“The @NRA does not get to dictate if and where it will answer for its actions, and our case will continue in New York court,” New York Attorney General Letitia James said in a tweet after the ruling. “We sued the NRA to put an end to its fraud and abuse, and now we will continue our work to hold the organization accountable.”
The National Rifle Association said during the trial that it had enough money to pay its creditors. Instead, it declared bankruptcy for a tactical reason: to avoid the reach of the New York Attorney General. Last year, the New York AG sought a court’s approval to dissolve the NRA, alleging a wide variety of financial misconduct, chiefly by the NRA’s top executive: CEO Wayne LaPierre.
The NRA did not have an immediate comment to the news, but had argued during the case that it was being persecuted for its political views. The group asked a federal bankruptcy judge to halt its other legal cases and allow it to reorganize in Texas, where it might be out of the reach of the New York AG.
“In the parlance of bankruptcy, we have a predatory lender who is seeking to foreclose on our assets,” argued Greg Garman, an attorney representing the NRA.
But the month-long trial had the side effect of putting into the public record details of personal spending by senior NRA officials. It also painted the picture of an organization in crisis, with some of the sharpest criticism of the NRA coming from current or former organization insiders.
Testimony included examples of the nonprofit organization’s tax-exempt funds being used to pay for wedding expenses, private jet travel and exotic getaways. For example, Wayne LaPierre’s private travel consultant, who was paid $26,000 a month to cater to him personally, testified about how LaPierre instructed her to alter travel invoices for private jets so as to hide their true destinations.
The trial also gave a rare look into the behavior of Wayne LaPierre, who has led the controversial organization for almost 30 years. A secretive figure, LaPierre makes few public appearances outside of carefully scripted speeches.
During questioning, he admitted to annual trips to the Bahamas, where he would stay on a luxury yacht belonging to an NRA vendor — a conflict of interest he did not disclose at the time, which testimony and court proceedings showed was in contravention of NRA policy. Instead, he justified the Caribbean trips to the court as a “security retreat” that was necessary for his safety and that of his family members.
LaPierre appeared to repeatedly irritate the judge overseeing the case by rambling on, talking about his privileged conversations with his lawyers, and not directly answering questions.
“I’m about to say something I’ve said for a day and a half now. Can you answer the questions that are asked?” the judge asked LaPierre at one point. “Do you understand that I’ve said that to you more than a dozen times over the last day?”
“Yes, sir, your honor. I’m sorry, I’m — I’m doing my best,” LaPierre responded.
The fact that Wayne has been able to loot the organization for 3 decades, and did not have the foresight 25 years ago to move the org to a friendlier state, tell you all you need to know about the state of the org and it’s membership.Report
Well, the vast bulk of their membership are paper members. last I checked, they gave away NRA memberships with purchases, and I know several people personally that haven’t been members in decades that can’t seem to get themselves removed from the rolls, although only one tried more than a few times.
I’ve just pretty much assumed they were a front for gun manufacturers money. Although their spending and habits since at least 2016 indicate they’re sucking in foreign money and interest as well (I mean they did have a Russian spy using them as a vehicle, and no one has adequately explained their sudden surge in political spending by their political arm. And by “not explained” I mean “I have literally no idea where the money is coming from, as it’s not from members dues or anything”).
Since the vast bulk of the “members” aren’t actually members, and the money flows from corporate donations at best, as long as Wayne there keeps threatening to send it’s phantom members after Congressmen for whatever, their donors probably don’t care if he enriches himself. They undoubtedly expect it.
Honestly, the NRA looks a lot like a real world equivalent of a corporate-created influence, complete with bot-army to push their messaging.Report
If NY destroys it, it will instantly be recreated in Texas. It has true believers and it has money. Charlton Heston may be dead but they’ll find someone like that to head it up.
They’ll make the head guy fall on his sword and they’ll move on. All we’re deciding here is whether they’ll also need to change their name from NRA to NNRA (New NRA).Report
True believers, yes. But how many members signed up a long time ago and just never cancelled? If they lose those folks, can they get them back? What will that do to their cash flow?Report
Not sure how an organization still charges someone who signed up long ago. Credit cards expire and need to be renewed every few years.
Now you’re right in that a “new and different” organization wouldn’t auto-magically have the old ones membership lists… unless someone from the old organization copies stuff.
Also it’s not clear that the NRA is funded by members as opposed to by industry. Easy to picture Industry being cool with NNRA, i.e. same addenda as the NRA just without the top guy’s scandals and baggage.
Much more importantly, the choice in this thought experiment would be between NNRA and nothing. Destroy the NRA and that leaves a power vacuum.Report
Carry them on the rolls whether they are up to date or not in order to claim you’re a million-member grassroots organization.
I seem to recall that when NY dissolved the Trump Foundation, they took control of the assets and disposed of them in what they deemed to be appropriate ways. I’ve been assuming that they will seize and seal the NRA membership lists. Lack of access to those will at least slow the NNRA’s efforts to appear to be a grassroots organization rather than a gun manufacturers’ lobbying firm.Report
I’ve heard a theory that the NRA, regardless of its origin, became a “heat shield” for the gun manufacturers, a public face that would absorb criticism while allowing the manufacturers to remain hidden.
I think this has truth to it- I mean, everyone knows Wayne LaPierre, but without Googling, can you name the president of Ruger? Remington? Colt?Report
Somewhat but the NRA is a secondary organism to the wider gun culture. It’s parasitic lifeform, not the host, as recent gun sales will show.Report
Seems as if the testimony offered by the organization itself seemed to undermine their efforts in this case AND the case they were seeking to avoid by the bankruptcy filing.
That’s impressive!Report
You saw the Trump campaign’s lawyers right? Same crop of folks i appears. Entitled old rich white men don’t really believe in accountability – hence why LaPierre kept pi$$ing off the judge by not directly answering questions.Report
My wife and I were talking the other day about how easily narcissists rise in power structures. That lack of belief in personal accountability, key feature, IIRC.Report
Agree. Most fascist leaders are severe Narcissists – and also horribly insecure.Report
Of course, such folks firmly believe in accountability for everyone else, just not for them or their buddies.Report
Lawyers can’t really spin certain facts away.
It’s pretty clear the folks at the NRA involved in this decision thought they’d come up with an amazing and brilliant scheme, never before conceived of by man, and ran with it openly. They’d found the clever loophole in the Constitution that means Ohio isn’t a state and thus they’re free travelers who don’t have to pay income tax.
Since what they did was a transparent con that is older than the NRA itself, it was of course blatantly not going to fly, and their lawyers couldn’t do much about that. Just like SC’s don’t actually end up not paying taxes.Report
Let me just point out here that *guns* don’t declare bankruptcy in bad faith…Report