2024-11-15T11:28:04-06:00 2023-12-31 521392008 GELMAN ROSENBERG & FREEDMAN 4550 MONTGOMERY AVE SUITE 800N BETHESDA MD 208142930 990 2023-01-01 824127219 CLAUSE 40 FOUNDATION CLAU 2025586680 700 PENNSYLVANIA AVE SE 560 WASHINGTON DC 20003 SHANA-TARA O'TOOLE PRESIDENT AND CEO 2025586680 2024-11-15 1 0 ELIZABETH W HELLER P00397829 3019519090 2023 2024-10-15 13:58:12Z SHANA-TARA O'TOOLE 700 PENNSYLVANIA AVE SE 560 WASHINGTON DC 20003 99688 0 X WWW.CLAUSE40.ORG X 2018 DC SEE PART III, LINE 1. 8 7 0 10 0 0 112728 95712 3575 3075 0 901 0 0 116303 99688 50000 0 0 0 205406 78936 0 0 8386 43373 35202 298779 114138 -182476 -14450 164045 82219 277348 209971 -113303 -127752 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 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. 0 0 31382 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 2023 INCLUDE: INCREASING PROSECUTORIAL ACCOUNTABILITY; PRESERVATION AND RESTORATION OF CRIMINAL LAW PROCEDURAL DUE PROCESS RIGHTS; CURTAILING WARRANTLESS SURVEILLANCE; ENHANCING PUBLIC SAFETY; AND SUPPORTING REENTRY OF FORMERLY INCARCERATED PERSONS AND PROVIDING THEM WITH "SECOND CHANCES." CLAUSE 40 FOUNDATION ALSO MAINTAINS A LEGAL EXTERNSHIP PROGRAM IN ORDER TO ENCOURAGE THE DEVELOPMENT OF NEW LEGAL SCHOLARS AND LITIGATORS IN THIS SPACE, ALTHOUGH THE PROGRAM DID NOT HOST ANYONE IN 2023 DUE TO A LACK OF SUPERVISORY STAFF. 12446 0 3075 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. IN 2023, CLAUSE 40 FOUNDATION 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. 2226 0 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 A CASE IN WHICH WE ARGUED AGAINST THE INTERPRETATION THAT A STATE DRUG CONVICTION QUALIFIES AS A "SERIOUS DRUG OFFENSE" UNDER THE ARMED CAREER CRIMINAL ACT WHEN IT RELIES ON OLD, SUPERSEDED, FEDERAL DRUG SCHEDULES THAT EXISTED AT THE TIME OF THE PRIOR STATE DRUG OFFENSE AND NOT THE CURRENT SCHEDULES THAT EXIST WHEN THE FEDERAL PENALTY IS INCURRED. 0 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 2023 DUE TO A LACK OF FUNDING.) 0 0 0 46054 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 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 1 1 0 1 0 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 X SHANA-TARA O'TOOLE 2025586685 700 PENNSYLVANIA AVENUE SE 560 WASHINGTON DC 20003 SHANA-TARA O'TOOLE PRESIDENT/CEO 11.00 64.00 X X 0 175000 5250 JASON PYE DIRECTOR, RULE OF LAW INITIATIVES 0.10 77.90 X 0 168928 10424 ROSS GARBER CHAIR 1.00 1.00 X X 0 0 0 MICHAEL CHASE TREASURER (TIL 12/20/23); DIRECTOR 1.00 1.00 X X 0 0 0 KAREN BLACKISTONE DIRECTOR; TREASURER (FROM 12/21/23) 1.00 X X 0 0 0 BLAIR BROWN SECRETARY 1.00 X X 0 0 0 ALEX LITVACK DIRECTOR 1.00 X 0 0 0 BRETT TOLMAN DIRECTOR 1.00 X 0 0 0 TIMOTHY O'TOOLE DIRECTOR 1.00 1.00 X 0 0 0 0 343928 15674 0 0 1 0 0 9625 86087 95712 EVENT PROGRAM REVENUE 900099 3075 3075 3075 901 901 99688 3075 0 901 27038 14364 10782 1892 44926 23870 17913 3143 1348 717 536 95 185 98 74 13 5439 2854 2144 441 102 102 25620 25620 1019 427 249 343 7374 3269 2012 2093 1087 455 266 366 114138 46054 59698 8386 X 164045 82219 164045 82219 10785 5073 266563 204898 277348 209971 X -113303 -127752 -113303 -127752 164045 82219 -14450 0 X 0 0 0 X 341746 87315 112728 95712 637501 341746 87315 112728 95712 637501 157698 479803 901 901 638402 3075 0.75160 X RESTRICTED RESTRICTED RESTRICTED RESTRICTED RESTRICTED RESTRICTED RESTRICTED RESTRICTED 0 0 0 114137 114137 22827 5707 0 0 23164 38332 59756 22827 144079 216119 5791 9583 14939 5707 36020 54030 0 DUE TO RELATED PARTY 204898 204898 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 150000 0 18928 0 0 0 5068 0 5356 0 179352 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 AND TIMOTHY O'TOOLE HAVE A FAMILY RELATIONSHIP. FORM 990, PART VI, SECTION B, LINE 11B THE FORM 990 IS PREPARED BY AN OUTSIDE ACCOUNTING FIRM, SUBMITTED TO THE PRESIDENT, REVIEWED BY OFFICERS AND PROVIDED TO THE BOARD 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 AND 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 $204,898 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 0 0 0 1 0 0 0 0 0 0 0 0 1 1 0 0 0 0 DUE PROCESS INSTITUTE E 204898 ACTUAL AMOUNTS DUE PROCESS INSTITUTE O 78935 ACTUAL AMOUNTS DUE PROCESS INSTITUTE N 0 SHARED SPACE AND FACILITIES