Richard Berman’s Web of Tax‐Exempt Entities & Projects: Anatomy of a Berman Attack Campaign: • False and misleading media campaigns • Incendiary online attacks • Planted news stories, letters to the editor, and op‐eds • Fake websites – hijacked domain names • Full page ads in newspapers such as the New York Times • Billboards in Times Square • Commercials airing during prime time media (e.g. the Super Bowl, the Academy Awards, and the London Olympics) • Complaints to Congress, state Attorneys General, and the BBB • Creation of new front groups specifically targeted at legitimate nonprofits. Who is Richard Berman? • RichardBermanisaWashington,D.C.‐based hired gun who uses front groups to defend his corporate clients against the public interest. Berman has targeted virtually every public interest group his corporate donors view as a potential threat to profit margins. • Berman has been called a “right wing flak who has fronted for the tobacco industry, the alcohol industry, the restaurant industry and others to beat back progressive change that has the support of a majority of Americans.” • The initial seed money for the Center for Consumer Freedom came from Philip Morris. From 1995 to 1998 Berman received $2.95 million from the tobacco giant to fight smoking bans. Berman –the Man Behind the Attacks: • Using his for‐profit lobbying and consulting firm, Berman & Company, as a revenue vehicle for his activities, Berman has created and managed numerous industry‐funded tax‐exempt groups. • These tax‐exempt groups Berman all “hire” Berman’s for‐profit lobbying firm to exclusively manage their affairs through no‐bid contracts, channeling millions of dollars of donations made to the groups into Berman’s own pocket. • As a result of his largesse, in 2006, Richard Berman used $2 million in cash to buy this $3.3 million house. How Berman Profits from His Nonprofits: • In 2008 the Center for Consumer Freedom paid Richard Berman/Berman & Co. $1,407,023 or 92.71% of its total revenues. • In 2009 the American Beverage Institute paid Richard Berman/Berman & Co. $1,296,185 or 94.93% of its total revenues. • From 2008‐2010 Berman & Co. received payments in excess of $15 million from the web of nonprofits, benefitting its sole‐ owner Richard Berman. Tax Exemption Issues of Fake Charities Created by Richard Berman: • Center for Consumer Freedom • American Beverage Institute • Employment Policies Institute Foundation • Center for Union Facts • Enterprise Freedom Action Committee Purposes for Creation of Tax‐Exempt Entities: Shield identity of Berman & Company’s clients. Higher level of trust and goodwill enjoyed by public charities versus public relations firms. Tax benefits including the allowance of charitable or business expense deductions from gross income. 8 Richard Berman and Company, Inc. • Incorporated in Texas in 1984 as a for‐profit corporation. Richard Berman sole incorporator. • Purpose ‐ Historically known as a lobbying and public relations firm serving client in the restaurant and hospitality industries. • Officers and Directors • Directors – Richard Berman & Dixie L Berman (wife) • President ‐ Richard Berman • Secretary / Treasurer – Dixie L Berman (No other Officers or Directors) • Earnings from Related Nonprofits ‐ According to 2010 Form 990 filings, Richard Berman and Company, Inc. and Richard Berman received a total of $5.59 million in compensation from the five tax‐exempt entities. Center for Consumer Freedom • Incorporated – 2002 • Tax‐Exempt Status – 501(c)(3) • Purpose –Lobby against public health campaigns on issues such as obesity, trans fats, menu labeling, mercury in fish, and animal welfare efforts that may be detrimental to the financial interests of food, beverage, restaurant, and hospitality industries. • Benefits to For‐Profit Corporations – Allow members of food, beverage, restaurant, and hospitality industries to anonymously lobby against public health initiatives and animal welfare causes. • Payments to Richard Berman / Berman & Co. in 2010 – $1.7M (78.9% total revenue) American Beverage Institute • Incorporated – 1991 • Tax‐Exempt Status – 501(c)(6) • Purpose –Lobby against strong drunk driving laws and oppose any legislation detrimental to the alcohol beverage industry’s financial interests. • Benefits to For‐Profit Corporations – Allow corporations to anonymously lobby against public safety and anti‐drunk driving legislation. • Payments to Richard Berman / Berman & Co. in 2010 – $1.39M (79.9% total revenue) Employment Policies Institute Foundation • Incorporated – 1994 • Tax‐Exempt Status – 501(c)(3) • Purpose –Lobby against minimum wage and healthcare for workers. • Benefits to For‐Profit Corporations – Allow corporations to anonymously lobby against minimum wage and healthcare legislation for low‐wage earners. • Payments to Richard Berman / Berman & Co. in 2010 – $1.65M (28% total revenue) Center for Union Facts • Incorporated – 2006 • Tax‐Exempt Status – 501(c)(3) • Purpose –Lobby against unions and labor‐supported legislation. • Benefits to For‐Profit Corporations – Allow corporations to anonymously lobby against labor unions, attack labor unions through incendiary media campaigns, and lobby against labor‐supported legislation. • Payments to Richard Berman / Berman & Co. in 2010 – $.58M (8.6% total revenue) Enterprise Freedom Action Committee • Incorporated – 2007 • Tax‐Exempt Status – 501(c)(4) • Purpose –Lobby against unions and labor‐supported legislation in concert with Center for Union Facts. • Benefits to For‐Profit Corporations – Anonymously allow corporations to lobby against labor unions, labor‐supported legislation, and attack Congressional candidates supporting such legislation. • Payments to Richard Berman / Berman & Co. in 2010 – $0.27M (28% total revenue) Legal Issues Precluding Recognition of Tax‐Exempt Status 1. Private Benefit – Berman’s nonprofits serve private interests of Berman & Co. clients in food/beverage industry providing more than insubstantial benefits to private parties. 2. Private Inurement – from 2008‐2010 Berman & Co. received payments in excess of $15 million from the web of nonprofits which flows to the benefit of sole‐owner Richard Berman, an insider to each nonprofit organization. 3. Excessive & Underreported Lobbying – Berman & Co. provides substantial lobbying services to the firm’s private clients using the nonprofits to shield unpopular lobbying causes. 4. Tax Shelter – Through the deliberate organization of the nonprofit entities, Richard Berman knowingly provides an opportunity for his for‐profit clients to take charitable deductions for otherwise non‐ deductible lobbying expenses. Private Benefit Richard Berman’s Statements Acknowledging Private Benefit • Letter to Philip Morris from Richard Berman; September 5, 1995 In a letter soliciting funds for the Guest Choice Network – later named the Center for Consumer Freedom – Berman explained the organization would serve as a cover group for Philip Morris’ interests, writing: “Specifically, we recommend that we establish a restaurant‐driven program that connects instantly with restaurant operators. (Additional benefit, if externally perceived as driven by restaurant interests, there will be more flexibility and creativity allowed that [sic] if it is ‘owned’ by Philip Morris. The American Beverage Institute, which opposes overly aggressive DUI laws, enjoys this profile).” • Deposition of Richard B. Berman; July 18, 2007 Q: Are these nonprofit corporations that you created? A: How do you mean did I create them? Q: Did you set them up? A: I did set up most of them at the request of clients. • Cross Testimony of Richard B. Berman; September 19, 2007 Q: And it’s [the Center for Consumer Freedom] an entity that you created? A: It’s an entity that I was asked to create by some corporate clients. Private Benefit: Control of Nonprofits Resides with Associates of Richard Berman and the Food and Beverage Industries Private Inurement Private Inurement –Lack of an Arm’s‐Length Transaction Excessive & Underreported Lobbying Lobbying –American Beverage Institute Sample of Ads in 2009 American Beverage Institute –total reported lobbying expenditures in 2009 = $98,530 (less than 8% of total payments to Berman & Company) Lobbying –Center for Union Facts Example of full page ad in USA TODAY and The Washington Times believed to be published in 2006. In 2006, Center for Union Facts reported $0 in lobbying expenditures. (For 2007, 2008, and 2010 lobbying expenditures were reported as less than $10,000. In 2009, Center for Union Facts reported $1,087 in lobbying expenditures.) Center for Consumer Freedom Example of full page ads placed in New York Times, New York Post, and New York Daily News in 2009. Total reported lobbying expenditures in 2009 – $5250. Center for Consumer Freedom New York Times, full page color ad, June 9, 2012 The Center for Consumer Freedom has never reported lobbying expenditures of more than $5250 (for years other than 2009, reported lobbying expenses were less than $500). Tax Shelter Through the deliberate organization of the nonprofit entities, Richard Berman knowingly provides an opportunity for his for‐profit clients to take charitable deductions for otherwise non‐deductible lobbying expenses. Inter‐Entity Transfer for Purpose of Illegal Tax Shelter “Our tax law permits this sort of money‐laundering.” – Richard Berman** **Richard Berman, Testimony before the House Comm. on Resources, Subcomm. on Forests and Forest Health, Feb. 12, 2002, at Exhibit 35. (Richard Berman’s comment was made in the context of critiquing other organizations). .