The National Rifle Association, long a feared power broker, will learn its fate next week in a court ruling that could hobble the gun rights group and imperil the three-decade reign of its controversial boss, Wayne LaPierre, Bloomberg News reported. The judge is weighing several options. He could let the NRA’s bankruptcy case go forward, giving the group a measure of refuge from a New York lawsuit that threatens its assets and even its existence. He could put the group under the control of a trustee, empowered to make decisions about its finances and its future. Or, in a highly unusual move, he could throw the NRA out of bankruptcy court altogether. For an organization that was until recently the most potent single-issue lobby in the U.S., none of the possible outcomes are great. LaPierre is trying to use the bankruptcy process to escape what he claims is political persecution by New York’s elected leaders and reincorporate the group in gun-friendly Texas. In the New York lawsuit, filed last August seeking to dissolve the NRA, Attorney General Letitia James alleged that LaPierre has spent hundreds of thousands of dollars of NRA funds for private plane trips for himself and his family, among many other indulgences. If the bankruptcy case is dismissed, James would have an easier time seizing the group’s assets, should she win her lawsuit. The NRA has called James’s suit a baseless attack on the Second Amendment timed to have maximum impact during the election cycle. For more than two weeks, U.S. Bankruptcy Judge Harlin “Cooter” Hale in Dallas listened to testimony about palace intrigues, shredded notes and excessive personal spending. The dispute pits several entities against the NRA. Allied with James is the gun group’s former ad agency, Ackerman McQueen Inc., which claims the bankruptcy filing was made in bad faith and should be dismissed. Even the U.S. office that monitors bankruptcies said at the end of the trial that the NRA doesn’t belong in Hale’s court. Meanwhile, a rebel NRA director has asked the judge to let the bankruptcy continue — but start a new investigation of the group’s management and board. The NRA responded to a request for comment on the case by referring to statements its attorney, Gregory Garman, made during the trial. In his closing arguments, Garman admitted that the testimony had included “cringe-worthy” evidence about the group, at one point saying, “Does anyone want to hear about your CFO taking the Fifth? Of course not.”
A Justice Department lawyer said that National Rifle Association leader Wayne LaPierre has failed to provide adequate oversight of the gun-rights organization and that management should be removed or curtailed if a bankruptcy judge allows the NRA to remain in chapter 11, the Wall Street Journal reported. The government lawyer’s criticism of NRA management came at the conclusion of a monthlong trial over the bankruptcy, supporting New York Attorney General Letitia James’s argument that LaPierre put the NRA into chapter 11 to try to evade accountability for spending abuses, which he and the NRA have denied. James sued to dissolve the NRA in August and is seeking to either have the chapter 11 case thrown out or to bring in an independent trustee to take charge of the NRA in bankruptcy. The trial concluded yesterday with closing arguments in the U.S. Bankruptcy Court in Dallas that outlined vastly different visions on what should happen to the 150-year-old group. New York and federal authorities as well as the NRA’s former ad agency contend the not-for-profit is badly mismanaged and an independent fiduciary is needed to rein in Mr. LaPierre. The NRA, meanwhile, said LaPierre and his prodigious fundraising are its most valuable asset, that its board is independent and that it has a plan to bolster its corporate governance and restructure its affairs through chapter 11, setting up operations in what it says is the friendlier jurisdiction of Texas. U.S. Bankruptcy Judge Harlin Hale now will decide which path the NRA will take and said yesterday that it is one of the most important cases he will rule on during his judicial career. Judge Hale said he intends to retire next year. Assistant U.S. Trustee Lisa Lambert, part of the Justice Department unit overseeing the nation’s bankruptcy courts, said that NRA management hasn’t been accountable for lavish spending and financial irregularities that date back years before its January bankruptcy filing and persisted even during the chapter 11 case.
A former confidant of Wayne LaPierre said that the longtime NRA leader feared the prospect of criminal charges and once described the gun group’s attorney William Brewer as “the only one” who could keep him out of prison, Bloomberg News reported. LaPierre made the comment at a meeting in early 2019, Anthony Makris said Friday at the NRA’s bankruptcy trial. Makris, a senior executive at the ad agency Ackerman McQueen, said LaPierre made the comment amid a contentious breakup between the NRA and the firm. Makris testified that he asked LaPierre at the meeting why he was turning his back on everyone who’d helped him over the years in favor of Brewer and his Dallas law firm. LaPierre responded that “Bill Brewer is the only one who can keep me out of jail,” Makris said. Makris didn’t specify why LaPierre feared jail, but The Wall Street Journal reported in October that the Internal Revenue Service is investigating the former NRA leader for possible criminal tax fraud related to his personal expenses. “We are not aware of any criminal justice inquiry, period,” Kent Correll, counsel to Wayne LaPierre, said in a statement.
The National Rifle Association rolled the dice by filing for chapter 11 protection earlier this year, gambling that it could use the power of U.S. bankruptcy law to consolidate litigation and combat allegations of fraud and mismanagement brought by the New York attorney general, WSJ Pro Bankruptcy reported. The gun-rights group is about to find out how well that bet is playing out. A federal bankruptcy judge in Dallas has scheduled six days of virtual hearings starting today that are likely to determine the course of the bankruptcy and, potentially, of the NRA itself. Among those whose fates are on the line is Wayne LaPierre, the chief executive who has led the not-for-profit group for three decades and become the public face of one of America’s most powerful advocacy organizations. LaPierre and other top NRA officials are poised to testify in public for the first time on allegations of spending abuses at the group. New York’s attorney general is expected to call other witnesses, possibly including LaPierre’s longtime travel consultant, who arranged NRA-funded private jet flights for him and his relatives, and sat for a deposition last week. “The legal issues here have nothing to do with the Second Amendment — the NRA could be selling shoes,” Adam Levitin, a bankruptcy-law professor at Georgetown University, noted. “This is about whether a major charitable organization has been looted by its managers.” There are four possible outcomes to the hearings, bankruptcy specialists said. U.S. Bankruptcy Judge Harlin Hale could simply allow the NRA bankruptcy to continue rolling along. He could dismiss the case altogether. Or he could leave it in place, but appoint either an independent trustee or an examiner to probe the fraud allegations.