Second phase of NRA civil trial over nonprofit’s spending set to open in NYC
NEW YORK — The second phase of the civil process against The National Rifle Association and its top executives begin a meeting in Manhattan on Monday, with New York Attorney General Letitia James seeking an independent monitor to oversee the powerful gun rights group.
The Democrat also wants a ban Wayne LaPierrethe organization’s former CEO previously held leadership positions for charitable organizations doing business in New York, or raised funds on their behalf.
Judge Joel Cohen will also decide whether former general counsel John Frazer should be barred from charities in the state.
During the first phase of the trial earlier this year, a jury in February found that LaPierre embezzled millions of dollars of NRA money to extravagant lifestyle These included exotic excursions and travel in private jets and superyachts.
The jury also found that the NRA failed to properly manage its assets, omitted or misrepresented information in its tax returns, and violated whistleblower protections under New York law.
The upcoming trial in Manhattan District Court will be heard by a single jury, meaning the judge will not make a ruling.
The NRA, through its attorney, called the request for a court-appointed monitor to oversee the management of the organization’s charitable assets “unwarranted.”
William Brewer, an attorney for the NRA, said Friday that the organization was the victim in the case and that a “course correction” has since taken place to ensure the organization is fully compliant with state nonprofit law.
“The central issue for ‘phase two’ is the burden on the NYAG to show that any violation of any law is ‘continuing’ and ongoing by the NRA,” he said in an email. “This is a burden the NYAG cannot meet.”
Spokespeople for James declined to comment, as did an attorney for LaPierre, who said his client is not required to appear in person but will be there Monday. An email was also sent to Frazer’s attorney.
The trial is expected to last about two weeks, with both sides testifying on Monday, James’ office said. Charles Cotton, a former NRA chairman, is expected to testify first.
According to James’ office, Bob Barr, the organization’s chairman and former congressman, and Douglas Hamlin, the NRA’s CEO, are among the current employees and board members also named as potential witnesses.
The trial shed light on the leadership, organizational culture and finances of the lobbying group, which was founded more than 150 years ago in New York City to promote marksmanship and grew into a political behemoth that influenced federal legislation and presidential elections.
The jury ordered LaPierre to pay nearly $4.4 million in restitution to the organization he led for three decades, while the retired NRA CFO, Wilson “Woody” Phillipswas ordered to pay back $2 million.
Last week, James’ office announced details of a settlement it reached with Phillips.
Under the agreement, he agreed not to work as a fiduciary of a nonprofit organization in New York for 10 years. He also agreed to undergo training before returning to such a role.
The deal means Phillips, now retired, will not have to participate in the proceedings that begin Monday, but he must still pay $2 million in damages based on the original verdict.
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Follow Philip Marcelo on twitter.com/philmarcelo.