2023-11-10T16:05:33-06:00 2022-12-31 420714325 RSM US LLP 1250 H STREET SUITE 700 WASHINGTON DC 20005 990 2022-01-01 824127219 CLAUSE 40 FOUNDATION CLAU 2025586680 700 PENNSYLVANIA AVE SE 560 WASHINGTON DC 200032551 SHANA-TARA O'TOOLE PRESIDENT AND CEO 2025586680 2023-11-10 1 SHANA-TARA OTOOLE 999009999 0 ELIZABETH W HELLER P00397829 2022932200 2023-11-10 2 AAL1 IAL1 2022 2023-04-26 12:10:37Z SHANA-TARA O'TOOLE 700 PENNSYLVANIA AVE SE 560 WASHINGTON DC 200032551 116303 0 X WWW.CLAUSE40.ORG X 2018 DC CLAUSE 40 FOUNDATION IS A NONPARTISAN ORGANIZATION WHOSE MISSION IS TO HONOR, PRESERVE, AND PROMOTE THE DUE PROCESS RIGHTS GUARANTEED IN THE U.S. CONSTITUTION THROUGH PUBLIC EDUCATION, EVENTS, RESEARCH, LITIGATION, AND MORE. IN THE AMERICAN CRIMINAL LEGAL SYSTEM, THESE CONSTITUTIONAL PRINCIPLES ENCOMPASS A NUMBER OF SPECIFIC ISSUES INCLUDING: THE RIGHT TO HAVE NOTICE OF THE NATION'S CRIMINAL LAWS; THE RIGHT TO PRESENT EVIDENCE; THE FREEDOM FROM UNREASONABLE SEARCHES AND SEIZURES; THE RIGHT TO A FAIR AND IMPARTIAL GRAND JURY; THE RIGHT TO A MEANINGFUL OPPORTUNITY TO BE HEARD BY AN UNBIASED TRIBUNAL IN A TIMELY MANNER; AND THE RIGHT TO BE REPRESENTED BY COUNSEL. CLAUSE 40 FOUNDATION HONORS, PRESERVES, AND PROMOTES THESE CORE CONSTITUTIONAL AMERICAN VALUES THROUGH ITS OWN EDUCATIONAL AND CHARITABLE ACTIVITIES, AS WELL AS THROUGH COLLABORATION ON PROJECTS WITH OTHER NONPROFITS, ACADEMIC INSTITUTIONS, AND INDIVIDUALS. 8 7 1 10 0 0 87315 112728 0 3575 0 0 0 0 87315 116303 0 50000 0 0 139195 205406 0 0 17465 52465 43373 191660 298779 -104345 -182476 314597 164045 245424 277348 69173 -113303 X CLAUSE 40 FOUNDATION IS A NONPARTISAN ORGANIZATION WHOSE MISSION IS TO HONOR, PRESERVE, AND PROMOTE THE DUE PROCESS RIGHTS GUARANTEED IN THE U.S. CONSTITUTION THROUGH EDUCATIONAL AND CHARITABLE ACTIVITIES. 0 0 99560 0 0 POLICY WORK - THROUGH CREATING AND FUNDING THE CREATION OF REPORTS, WHITE PAPERS, LEGAL BACKGROUNDERS, LONGER RESEARCH PUBLICATIONS, BLOGS, GUIDES, TREATISES, CASE STUDIES, OP-EDS, SOCIAL AND TRADITIONAL MEDIA AND COMMUNICATIONS, AND E-ALERTS, CLAUSE 40 FOUNDATION CREATES AND SUPPORTS ORIGINAL NONPARTISAN ANALYSIS, STUDY, RESEARCH, AND WRITING TO PROVIDE DATA AND EDUCATION TO THE PUBLIC PERTAINING TO DUE PROCESS-RELATED CRIMINAL LAW ISSUES IN ORDER TO PROMOTE THESE VALUABLE CONSTITUTIONAL RIGHTS. POLICY AREAS IN WHICH CLAUSE 40 FOUNDATION FOCUSED IN 2022 INCLUDE: INCREASING PROSECUTORIAL ACCOUNTABILITY; PRESERVATION AND RESTORATION OF CRIMINAL LAW PROCEDURAL DUE PROCESS RIGHTS; CURTAILING WARRANTLESS SURVEILLANCE; IMPROVING POLICING; ENHANCING PUBLIC SAFETY; PROVIDING ACCOUNTABILITY AND RESTITUTION TO VICTIMS AND SURVIVORS OF CRIME; IMPROVING JAIL CONDITIONS; EXPLORING CONCERNS RELATED TO A SYSTEM OF JUSTICE RELIANT ON PLEA BARGAINING WHERE CRIMINAL TRIALS ARE PRACTICALLY NONEXISTENT; AND DOING ALL OF THIS WORK WITH AN EYE TOWARDS HOW EACH OF THESE SPECIFIC ISSUES IS EMBEDDED WITH RACIAL AND ECONOMIC INJUSTICES. CLAUSE 40 FOUNDATION ALSO MAINTAINS A LEGAL EXTERNSHIP PROGRAM IN ORDER TO ENCOURAGE THE DEVELOPMENT OF NEW LEGAL SCHOLARS AND LITIGATORS IN THIS SPACE. 67070 50000 0 LITIGATION - CLAUSE 40 FOUNDATION DIRECTS AND SUPPORTS EFFORTS TO PRESERVE PROCEDURAL DUE PROCESS RIGHTS THROUGH LITIGATION, PARTICULARLY THROUGH THE FILING OR FUNDING OF AMICUS OR "FRIEND OF THE COURT" LEGAL BRIEFS. THIS WORK FURTHERS CLAUSE 40 FOUNDATION'S CHARITABLE MISSION OF DEFENDING HUMAN AND CIVIL RIGHTS SECURED BY LAW--NAMELY THE PROCEDURAL DUE PROCESS RIGHTS ENSHRINED IN THE U.S. CONSTITUTION. THIS YEAR THE FOUNDATION FILED IN TWO MATTERS: A CASE IN WHICH WE ARGUED THAT ACCESS TO THE COURTS THROUGH CIVIL LITIGATION IS A VITAL SAFEGUARD FOR THE VINDICATION OF CONSTITUTIONAL RIGHTS IMPLICATED BY FOREIGN INTELLIGENCE SURVEILLANCE AND A CASE IN WHICH WE ARGUED THAT A DEFENDANT SHOULD BE ABLE TO MOUNT A REASONABLE DOUBT DEFENSE BASED ON THE POLICE'S FAILURE TO INVESTIGATE ANOTHER SUSPECT. 20599 0 3575 EVENTS - THROUGH PROGRAMS, SEMINARS, LECTURES, FILM SCREENINGS, BOOK EVENTS, AND CONTINUING LEGAL EDUCATION (CLE) EVENTS, THE FOUNDATION PROVIDES EDUCATION NATIONWIDE TO ACADEMICS, LAWYERS, ADVOCATES, JOURNALISTS, AND THE GENERAL PUBLIC AT LARGE WITH RESPECT TO A WIDE RANGE OF CRIMINAL LAW CONSTITUTIONAL DUE PROCESS CONCERNS. THE GOAL OF THESE EFFORTS IS TO CULTIVATE A BETTER PUBLIC KNOWLEDGE AND UNDERSTANDING OF THE PROCEDURAL DUE PROCESS RIGHTS PROTECTED BY THE U.S. CONSTITUTION AND TO IMPROVE AWARENESS OF WAYS IN WHICH OUR CRIMINAL LEGAL SYSTEM COULD IMPROVE PROCEDURAL FAIRNESS. KEY EVENTS IN 2022 EXECUTED BY CLAUSE 40 FOUNDATION INCLUDED AN EVENT (IN PERSON AND ONLINE) IN SUPPORT OF PROFESSOR EVAN BERNICK'S NEW BOOK ON THE HISTORY OF THE FOURTEENTH AMENDMENT AS WELL AS AN ON-LINE EVENT IN SUPPORT OF CHRISTOPHER FABRICANT'S BOOK FOCUSING ON JUNK SCIENCE IN AMERICA'S COURTROOMS. CLAUSE 40 FOUNDATION ALSO CO-HOSTED "TWO VIEWS: AN EXPLORATION OF KEY CASES FROM THE SUPREME COURT'S CRIMINAL LAW DOCKET," A WIDELY ATTENDED LIVE CLE EVENT THAT FEATURED TWO CONSTITUTIONAL LAW EXPERTS DISCUSSING THE MOST IMPORTANT CRIMINAL LAW CASES BEFORE THE COURT. 13759 0 0 HONORING DUE PROCESS RIGHTS - CLAUSE 40 FOUNDATION PLANS TO HONOR THE IMPORTANCE OF DUE PROCESS RIGHTS THROUGH PROJECTS SUCH AS THE AWARDING OF A "DUE PROCESS TORCH" TO INDIVIDUALS AND ORGANIZATIONS WHO HAVE CONTRIBUTED IN A MEANINGFUL WAY TO THE PRESERVATION OF DUE PROCESS IN THE U.S. CRIMINAL LEGAL SYSTEM. (THE AWARD WAS NOT AWARDED IN 2022 DUE TO EVENT CANCELLATIONS.) 13759 0 0 200988 1 1 0 1 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 1 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 1 2 0 1 1 1 0 0 0 0 0 0 0 0 0 0 0 0 X 8 7 1 0 0 0 0 0 0 1 1 0 0 1 1 1 1 1 1 0 0 0 DC X THE ORGANIZATION 2025586680 700 PENNSYLVANIA AVE SE 560 WASHINGTON DC 200032551 ROSS GARBER CHAIR 1.00 1.00 X X 0 0 0 MICHAEL CHASE TREASURER 1.00 1.00 X X 0 0 0 BLAIR BROWN SECRETARY 1.00 0.00 X X 0 0 0 BRETT TOLMAN DIRECTOR 1.00 0.00 X 0 0 0 TIMOTHY O'TOOLE DIRECTOR 1.00 1.00 X 0 0 0 SHANA-TARA O'TOOLE PRESIDENT/CEO 11.00 64.00 X X 0 175000 5250 ALEX LITVACK DIRECTOR 1.00 0.00 X 0 0 0 KAREN BLACKISTONE DIRECTOR 1.00 0.00 X 0 0 0 JASON PYE DIRECTOR, RULE OF LAW INITIATIVES 0.10 77.90 X 0 149242 13885 0 324242 19135 0 0 1 0 0 112728 112728 EVENT PROGRAM REVENUE 900099 3575 3575 3575 116303 3575 0 0 50000 50000 180895 125482 40389 15024 5561 1820 3346 395 5362 526 4788 48 13588 9816 2981 791 97 97 23789 23789 417 417 1076 355 721 15211 10140 3959 1112 1206 1206 350 350 1148 797 256 95 RECRUITMENT 79 79 298779 200988 80326 17465 X 314597 164045 314597 164045 1230 10785 244194 266563 245424 277348 X 68608 -113303 565 0 69173 -113303 314597 164045 -182476 0 X 0 0 0 X 341746 87315 112728 541789 341746 87315 112728 541789 116180 425609 541789 X RESTRICTED RESTRICTED RESTRICTED RESTRICTED RESTRICTED RESTRICTED RESTRICTED RESTRICTED 0 0 0 298779 298779 59756 14939 0 0 23164 38332 59756 121252 181878 5791 9583 14939 30313 45470 0 DUE TO RELATED PARTY 266563 266563 1 DUE PROCESS INSTITUTE 700 PENNSYLVANIA AVE SE 560 WASHINGTON DC 200032551 824145852 501(C)(4) 50000 0 AMICUS WORK 0 1 0 0 0 0 0 0 0 0 0 SHANA-TARA O'TOOLE PRESIDENT/CEO 0 175000 0 0 0 0 0 5250 0 0 0 180250 0 0 JASON PYE DIRECTOR, RULE OF LAW INITIATIVES 0 147359 0 1883 0 0 0 4557 0 9328 0 163127 0 0 PART I, LINE 3 DUE PROCESS INSTITUTE USES THE FOLLOWING METHODS FOR DETERMINING THE COMPENSATION OF ITS PRESIDENT/CEO: FORM 990 OF OTHER ORGANIZATIONS, COMPENSATION STUDY OR SURVEY, APPROVAL BY THE BOARD OR COMPENSATION COMMITTEE. FORM 990, PART VI, SECTION A, LINE 2 SHANA-TARA O'TOOLE, EX OFFICIO DIRECTOR WHO ALSO SERVES AS THE ORGANIZATION'S CURRENT PRESIDENT/CEO, IS MARRIED TO DIRECTOR TIMOTHY O'TOOLE. FORM 990, PART VI, SECTION B, LINE 11B THE FORM 990 IS PREPARED BY AN OUTSIDE ACCOUNTING FIRM, SUBMITTED TO THE PRESIDENT, AND REVIEWED BY OFFICERS PRIOR TO SUBMISSION. FORM 990, PART VI, SECTION B, LINE 12C EACH DIRECTOR, COMMITTEE MEMBER, AND EMPLOYEE OF THE ORGANIZATION IS PROVIDED A COPY OF THE ORGANIZATION'S CONFLICTS OF INTEREST POLICY SIGNS AND DATES AN ACCOMPANYING DISCLOSURE STATEMENT DISCLOSING POTENTIAL CONFLICTS OF INTEREST AT THE BEGINNING OF HIS OR HER TERM OF SERVICE OR EMPLOYMENT, AND ANNUALLY THEREAFTER. ALL DIRECTORS, COMMITTEE MEMBERS, AND EMPLOYEES ARE ALSO UNDER A CONTINUING OBLIGATION TO MAKE FULL DISCLOSURE OF ALL SITUATIONS INVOLVING EITHER ACTUAL OR POTENTIAL CONFLICTS OF INTEREST, WHENEVER SUCH SITUATIONS MAY ARISE, AND ANY INDIVIDUAL WHO HAS AN ACTUAL OR POTENTIAL CONFLICT OF INTEREST AS TO ANY PROPOSED GRANT, TRANSACTION, OR OTHER MATTER SHALL DISCLOSE THE POSSIBLE CONFLICT OF INTEREST BEFORE ANY BOARD OR COMMITTEE DELIBERATIONS ON SUCH MATTER. FOLLOWING DISCLOSURE OF A POSSIBLE CONFLICT OF INTEREST, THE BOARD OF DIRECTORS OR EXECUTIVE COMMITTEE SHALL DETERMINE WHETHER A CONFLICT OF INTEREST EXISTS AND, IF SO, DETERMINE A COURSE OF ACTION TO RESOLVE THE CONFLICT, SUBJECT TO THE FOLLOWING RULE. A DIRECTOR, COMMITTEE MEMBER, OR EMPLOYEE SHALL NOT PARTICIPATE IN ANY DISCUSSION, DEBATE, OR VOTE OF THE BOARD OF DIRECTORS OR ANY COMMITTEE IN WHICH THE SUBJECT OF DISCUSSION IS A TRANSACTION IN WHICH THERE IS AN ACTUAL CONFLICT OF INTEREST. AFTER PROVIDING ANY INFORMATION REQUESTED BY OTHER MEMBERS, THE INTERESTED PERSON SHALL BE PHYSICALLY ABSENT FROM THE ROOM IN WHICH THE DISCUSSION AND VOTE TAKE PLACE AND SHALL ABSTAIN FROM A VOTE. THE MINUTES OF THE MEETING WILL REFLECT WHAT STEPS WERE TAKEN. ALL OTHER CONFLICTS OF INTEREST SHALL BE HANDLED AS DETERMINED BY THE BOARD OF DIRECTORS OR EXECUTIVE COMMITTEE. FORM 990, PART VI, SECTION B, LINE 15 THE PRESIDENT/CEO DOES NOT RECEIVE ANY DIRECT COMPENSATION FROM THE ENTITY NOR ARE THERE ANY KEY EMPLOYEES OF THE ENTITY FOR THIS TAX YEAR. FORM 990, PART VI, SECTION C, LINE 19 THE ORGANIZATION MAKES ITS GOVERNING DOCUMENTS, CONFLICT OF INTEREST POLICY, AND FINANCIAL STATEMENTS AVAILABLE TO THE PUBLIC UPON REQUEST. PART X, LINE 25: "OTHER LIABILITIES" CONSIST OF $266,563 IN AMOUNTS DUE TO DUE PROCESS INSTITUTE (A BROTHER-SISTER 501(C)(4) ORGANIZATION) FOR CASH ADVANCES, SHARED PAYROLL, AND OTHER EXPENSES SINCE THE FOUNDING OF CLAUSE 40 FOUNDATION IN 2018. DUE PROCESS INSTITUTE 700 PENNSYLVANIA AVE SE SUITE 560 WASHINGTON DC 20003 824145852 ADVOCACY DC 501(C)(4) 0 0 1 0 0 1 0 0 0 0 0 0 0 0 1 1 0 0 0 0 DUE PROCESS INSTITUTE B 50000 ACTUAL AMOUNTS DUE PROCESS INSTITUTE E 266563 ACTUAL AMOUNTS DUE PROCESS INSTITUTE O 205406 ACTUAL AMOUNTS DUE PROCESS INSTITUTE N 0 SHARED SPACE AND FACILITIES