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Bill Clinton and Australian officials in CHAI multi-million $$$ fraud and coverup - part two

From: Michael Smith [mailto:bexleyborn@gmail.com
Sent: Monday, February 29, 2016 11:25 AM
To: SEC-DL-Corp Info
Subject: Fwd: Request for copy of certificate of revocation


To: archives@sec.state.ma.us

Hello,

I am an Australian Journalist reporting on our government's contributions to certain charitable entities in the United States.

I am interested in the revocation of the certificate of incorporation issued to 

Name: CLINTON FOUNDATION HIV/AIDS INITIATIVE, INC.

 

Order certified copies 
[ ]  check all

Name of filing

Year filed

Date filed

Filing No.

View PDF

 

Revocation by SOC

 

03/31/2008 12:00 AM

200821142970

 

Cutter, Howard (SEC) <howard.cutter@state.ma.us>

Feb 29

   

to me

The entity was dissolved by our office for failure to file annual reports in consecutive years.

ENDS

Until 2013 Bill Clinton was not a director, trustee, manager, delegated attorney or representative of the tax-exempt charitable organisation the Clinton Foundation (which changed its name from the William J Clinton Presidential Foundation and other variants over time).  

The approved scope of the Clinton Foundation in 2006 did not extend to fundraising for HIV/Aids.

The Clinton HIV/AIDS Initiative Inc was formed in 2004 and operated from Massachusetts.

Screen Shot 2016-03-09 at 12.21.10 am

While its initial incorporation was in Arkansas, it operated from Massachusetts - it applied for registration on 23 March 2004:

Screen Shot 2016-03-09 at 12.21.41 am

And was granted registration on 4 May 2004

Screen Shot 2016-03-09 at 12.30.31 am

It operated from the address above and its bank account was located in Massachusetts

Screen Shot 2016-03-09 at 12.18.47 am

 

 
  

Screen Shot 2016-08-10 at 7.49.09 am

 

In 2008 Clinton HIV/AIDS Initiative Inc was dissolved by regulators over its failure to lodge annual reports in consecutive years

The entity's license to operate was revoked by authorities in the Commonwealth of Massachusetts by an order published on 31 March 2008, taking operative effect from 31 December 2007.

Here is a copy of the extract:

Screen Shot 2016-03-09 at 1.45.30 am

Here is an extract from the CHAI #1 website.

Screen Shot 2016-08-10 at 9.23.28 am

Information Center and Resources

For more information on some of CHAI’s work, the following PDFs are available for download:

Background Materials

General:

Access:

Drug Access

    • OI Treatment RfP:
      CHAI invites responses from eligible pharmaceutical suppliers to its Request for Proposal (RfP) for supply of UNITAID-financed medicines for the treatment of Opportunistic Infections for the Pediatric Treatment Program for the period March 2009 to February 2010. This document provides additional information about the project and also details the process by which suppliers will be selected for the above mentioned tender period. For further information or clarifications, please contact Garima Bhalla at gbhalla@clintonfoundation.org. 
    • ARV RfP:
      CHAI invites responses from eligible pharmaceutical suppliers to its Request for Proposal (RfP) for supply of UNITAID-financed Pediatric and/or Adult Second-Line Antiretrovirals for the period March 2009 to February 2010.  This documentprovides additional information about the projects and also details the process by which suppliers will be selected, prices determined and volumes allocated for each project for the above mentioned tender period.
      For further information or clarifications, please contact Amita Chebbi at achebbi@clintonfoundation.org. 
    • Supplier FAQ
    • ARV Price List (ENGLISH)
    • ARV Price List (FRENCH)
    • ARV Price List (SPANISH)
    • ARV Price List (PORTUGESE)
    • ARV Price List (DOMINICAN)

Malaria

Major Programs:

Pediatrics

 

Supporters of Our Work

For more information on some of CHAI’s projects and partners, please visit:

CSHOR www.cshor.org/

Ellen Verweij Fund www.ellenschildrenfund.org/eng_index.htm

Roll Back Malaria www.rollbackmalaria.org

UNITAID www.unitaid.eu

Contacting CHAI

If you would like to contact CHAI about a specific region or country please send an email to an appropriate regional address.

Procurement inquiries can be directed to procurement@clintonfoundation.org

For all other inquiries, please use our Contact Form.

Opportunities with CHAI

ENDS

Here is the 501(c)(3) statute itself - that is the provision within the US legislation for charitable entities and private foundations to be exempted from taxation.

 
 
Here is a guide to key regulations:
 
 
Here is a link to analysis of more nonprofit landmines:
 
 
And this is a US legal case upholding revocation of a supposed charity engaged in distributing medicines:
 
 
The CHAI #1 was a multi million dollar operating business, set up and operated as a money making concern in competition with commercial competitors.
 
It was also arrogant and when its tax exempt status became a problem it simply failed to lodge annual returns until regulators intervened and dissolved it.
 
Many of the Australian Government's contracts were with the dissolved entity - but that apparently did not stop us continuing to deal with the thin air surrounding the place where that corporation used to be.  Clinton simply phoenixed it with the new CHAI arising from the old's ashes - or at least that's what he told mug punters like us.

The Clinton Foundation itself did not possess the regulatory approvals to raise funds for the purposes of working on HIV/Aids.

The vendors of HIV/AIDS medicines earned substantial profits at the reduced prices negotiated by the Clinton Foundation.  The Friends of Clinton made a "private gain", earned through operation of a charity. Moreover, two of these were sold at higher prices, in part, gleaned because their business and prospects were enhanced through links with the Clintons and their "charities": Matrix Laboratories to Mylan in 2006 and Ranbaxy to Dai-Ichi in 2008.
 
So, one further question is whether the Clinton Foundation "lost" money distributing HIV/AIDS medicines--there is evidence the opposite occured.
 
Look carefully on the NYSCB website at Annual Reports (990s) for 2006 through 2009---when you do, you will see that the Clinton Foundation recorded a cumulative expense for pharmaceuticals of $215 million or so--far less than they received from UNITAID and other donors to defray the cost of purchasing HIV/AIDS medicines.
 
Towards the end at the schedule of distributions by UNITAID to donors by year--you will find Clinton Foundation HIV/AIDS Initiative identified by name and that this entity is the single largest recipient:
 
 
See page 30 above.
 
Clearly, Old CHAI took in more from donors then it spent distributing HIV/AIDS medicines so it earned a  gross "profit" from this activity.
 
There are special requirements of a US charity when it seeks to operate internationally:
 
 
 
A U.S. charity must control its foreign activities tightly from a U.S. base and may only engage in authorized tax-exempt purposes abroad.
 
What were the authorized tax-exempt purposes of the Clinton Foundation by 12 July 2002 - this file explains
 
 
When you look up the activity codes selected you will see that the Clinton Foundation never intended as of 23 December 1997 to pursue activities in health (these codes are different) or internatonal (code is 910).
 
You will also see that the articles of incorporation are clear--please check the U.S.C. statute cited to see how a presidential archive is defined.

It makes the false claim that in 2005 it merged the Clinton Foundation HIV/Aids Initiative Inc into the Foundation itself - this is an extract from the Clinton Foundation's IRS filing for 2005.

Screen Shot 2016-08-10 at 10.03.58 am

 

It did no such thing.   The process for moving the assets/operation of a US 501(c)(3) tax exempt charitable entity are complex and extensive - those processes involving the Supreme Court are described here:

https://portal.hud.gov/hudportal/documents/huddoc?id=DOC_14713.pdf

Rather than fess up to its deregistration, Clinton and his offside Ira Magaziner continued on as if nothing had happened.  

This extract from The Atlantic magazine shows how the two conmen operated their HIV/Aids business.

The title "This is Not Charity" says it all, this was a business - and note the date, just months before their incorporated entity was dissolved.

http://www.theatlantic.com/magazine/archive/2007/10/-this-is-not-charity/306197/

Screen Shot 2016-03-09 at 2.32.10 am

The story he tells is that in July 2002, when the foundation had only 12 employees (it now has hundreds working on HIV/AIDS alone), he and Nelson Mandela went to an AIDS conference in Spain, where the prime minister of Saint Kitts and Nevis, a small Caribbean country, said to him, “You know, we don’t have a denial problem, we don’t have a stigma problem. We have a money and an organizational problem.” The foundation began its AIDS efforts that year in the Bahamas, and immediately discovered that the government there was paying $3,600 a year per person for generic drugs whose list price was about $500. It turned out that middlemen were taking steep markups, which the foundation eliminated by making a deal with the manufacturer. “It got me to thinking about how once more we had a public-goods market that was not only underfinanced; it was disorganized,” Clinton says. 

 

Clinton can and certainly does raise money, but he didn’t have enough to endow a major grant-making foundation. What he did have was an ex- presidential bully pulpit, a deep Rolodex, the power to attract attention and talent, and an inkling that those assets might be used to do for public goods something like what entrepreneurs and investment bankers do in the corporate world: midwife new markets or scale up underdeveloped ones. The idea is to identify markets that aren’t supplying enough socially beneficial goods or services to meet the potential demand, and then to lead them to a new equilibrium. “What we tried to do,” Clinton says, “was to get them to go from what I call a ‘jewelry-store model’ to a ‘grocery-store model’—from a high-profit, low-volume, uncertain-payment business to a low-margin, high-volume, certain- payment business.” 

None of that was clear in the summer of 2002, when Clinton made the decision that may do more than anything to shape his postpresidential legacy. To launch his HIV initiative, he turned not to a philanthropist or public-health doctor or development professional. “It was a system thing,” he says. “It’s the absence of effective systems that I believe is the primary factor holding a lot of these countries back. We wanted people who could operate efficiently in the nonprofit field in the same way they had in business.” So he called a business consultant named Ira Magaziner.  

"Ira,” as everyone calls him, is a man with a past. He has been Clinton’s friend since they were at Oxford together, on Rhodes scholarships, in the late 1960s. Magaziner has had a two-track career as business consultant and social reformer, with more success at the former than at the latter. As a boy, he led a strike at his summer camp, and as a student at Brown University, he led a major curriculum reform. In the early 1970s, he organized a group of recent college graduates to live in the wilting postindustrial town of Brockton, Massachusetts, and work for social change—an idiosyncratic effort he later called naive. No less naively, in 1984 he led a state-appointed study commission that cooked up a 1,000-page industrial policy for Rhode Island. The voters rejected it by 4-to-1. In 1993, he repeated the Rhode Island mistake, this time on a heroic scale. The Clintons tapped him to manage their health-care reform. Again he produced an ambitious, complicated plan, this time running to 1,342 pages; again it bombed politically. Magaziner’s gift is his ability to see entire systems whole, from their smallest details to their global architecture. That made him a successful business consultant, but it did him little good on Capitol Hill, where any plan with more than two or three moving parts is too complicated. Magaziner was a parallel processor, an efficiency expert whose plans depended on simultaneous changes on multiple fronts and levels. He was ill-suited to Washington, where progress is serial and incremental. 

Stung, he worked for a while on Internet issues for the Clinton administration and then went back to consulting, which was what he was doing when Clinton called in 2002. Having by then replenished his bank account, he kept one business client and otherwise donated himself to the Clinton Foundation. He takes no salary, saying he wants to instill a volunteer ethic. 

I first met Magaziner in 1992, when he was working on the incoming Clinton administration’s transition team. His laser-like intensity and his command of detail were unmistakable then, and no less so when I reconnected with him for this article, in February. Now 59, he retains a quiet, composed demeanor and a rapid-fire manner of speaking, but what was once an unruly shock of gray curls is now a straight corporate cut. He rarely laughs or raises his voice. The words that people use again and again in connection with him are brilliant and driven. He thrives on impossible deadlines, and his stamina for travel beggars belief: He all but lives in hotels and airplanes, proselytizing, making contacts, initiating negotiations, closing deals. Staff members say they get e-mails from him at midnight and 5 a.m. Asked if his pace is sustainable, he replies, “I still feel 18. I have a feeling if I stop it will all catch up.”

Where exactly Clinton’s role in the foundation ends and Magaziner’s begins is not altogether clear, perhaps not even to them. Sometimes, to an outsider, they seem to share a brain. Clinton, clearly more than a figurehead, is chairman, guiding spirit, and the big gun strategically deployed for publicity and persuasion. “Without him as anchor and persona,” Magaziner says, “we’d be pounding sand.” Magaziner is effectively chief executive, strategist, recruiter, and senior negotiator, operating with what appears to be freewheeling authority. “We’ve worked together long enough so he trusts me,” Magaziner says of Clinton. 

The sensibility Magaziner brought to the AIDS assignment was that of a business strategist who had helped big companies—General Electric, Black & Decker, Corning—cut costs by consolidating orders, automating communications, and working with suppliers to find efficiencies. With Clinton’s cachet and idealism as a lure, Magaziner set about hiring people in his own image. He wanted people who knew how to put together a business plan, who understood how companies work, and who could talk to line executives in their own language. 

Starting with a staff of five, the foundation began visiting drug manufacturers. “I saw that the drugs, even the generic versions, were very high-priced,” Magaziner says, “and I knew that the inherent cost structure couldn’t be that high. I surmised that what was happening is that there were only 70,000 people being treated in the developing world. I surmised the manufacturers weren’t able to get scale economies in production. I began to see that we could aggregate enough demand to form what businesses call a buyers’ club.” 

So the foundation went to governments in Africa and the Caribbean and organized demand for AIDS drugs, obtaining intentions to place large orders if prices could be cut. It simultaneously went to drug companies, offering them a much larger and less-volatile market for AIDS drugs in return for lower prices based on the projected higher volume. Although the foundation asked for aggressive “forward pricing” to kick-start demand, it pointedly did not ask for donations or charity. “To be sustainable,” says Magaziner, “this can’t be a charitable act.” Rather, the foundation was offering a business proposition: If we get you the demand, can you get us the supply?

EXTRACT ENDS - there's more at The Atlantic website

There is more to come.  Stand by for another instalment shortly.

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