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Nonprofit · EIN 82-4127219

CLAUSE 40 FOUNDATION

Tax-exempt · WASHINGTON, DC 20003

Financials

$100K$114K2023$67K$70K2024
Revenue Expenses · by fiscal year end
Financials of CLAUSE 40 FOUNDATION by year, from its e-filed returns
Year endedFormRevenueExpensesNet incomeTotal assetsLiabilitiesNet assets
December 31, 2024990-EZ$67,311$69,769-$2,458$26,026$153,773-$127,747
December 31, 2023990$99,688$114,138-$14,450$82,219$209,971-$127,752
Financial details: 990-EZ for the year ended December 31, 2024

Revenue

Contributions, gifts and grants
$63,884
Program service revenue
$3,427

Expenses

Compensation of officers, directors and key employees
$0
Salaries, compensation and benefits (total)
$34,562
Professional fees and payments to contractors
$25,434
Other expenses
$9,773
Program services (functional)
$19,014

Balance sheet and other

Total assets, start of year
$82,219
Total assets, end of year
$26,026
Total liabilities, end of year
$153,773
Net assets, end of year
-$127,747
Cash, savings and investments
$25,778
Gross receipts
$67,311

From the e-filed returns the IRS publishes as XML (latest three processing years; amended returns replace the original). PDF copies at the IRS.

Officers, directors and key employees

As listed on the 990-EZ for the year ended December 31, 2024, highest compensation first.

NameTitleHours / weekCompensation
SHANA-TARA O'TOOLEPRESIDENT AND CEO1.9$0
ROSS GARBERCHAIR1$0
KAREN BLACKISTONETREASURER1$0
BLAIR BROWNSECRETARY1$0
MICHAEL CHASEDIRECTOR1$0
ALEX LITVACKDIRECTOR1$0
TIMOTHY O'TOOLEDIRECTOR1$0
BRETT TOLMANDIRECTOR1$0
990 for the year ended December 31, 2023: 9 people
NameTitleHours / weekCompensationFrom related orgsOther / benefits
SHANA-TARA O'TOOLEPRESIDENT/CEO
Trustee or director, Officer
11$0$175,000$5,250
JASON PYEDIRECTOR, RULE OF LAW INITIATIVES
Highest-paid employee
0.1$0$168,928$10,424
ROSS GARBERCHAIR
Trustee or director, Officer
1$0$0$0
MICHAEL CHASETREASURER (TIL 12/20/23); DIRECTOR
Trustee or director, Officer
1$0$0$0
KAREN BLACKISTONEDIRECTOR; TREASURER (FROM 12/21/23)
Trustee or director, Officer
1$0$0$0
BLAIR BROWNSECRETARY
Trustee or director, Officer
1$0$0$0
ALEX LITVACKDIRECTOR
Trustee or director
1$0$0$0
BRETT TOLMANDIRECTOR
Trustee or director
1$0$0$0
TIMOTHY O'TOOLEDIRECTOR
Trustee or director
1$0$0$0

Address and contacts

Address (IRS master file)
700 PENNSYLVANIA AVE SE STE 560, WASHINGTON, DC 20003-2551
Signed the 990-EZ
SHANA-TARA O'TOOLE, PRESIDENT AND CEO
Phone
(202) 558-6680
Return prepared by
GELMAN ROSENBERG & FREEDMAN

Mission

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.

990-EZ for the year ended December 31, 2024

Program accomplishments

  • 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 2024 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 2024 DUE TO A LACK OF SUPERVISORY STAFF.
    Expenses $11,135
  • 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 2024, 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.
    Expenses $6,442
  • 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 THAT REMOTE WITNESS TESTIMONY CANNOT BE SQUARED WITH THE SIXTH AMENDMENT'S CONFRONTATION CLAUSE. IT ALSO FILED IN A CASE CONCERNING THE SUFFICIENCY OF THE FACTUAL ALLEGATIONS IN A FEDERAL GRAND JURY INDICTMENT.
    Expenses $1,437
  • 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 2024 DUE TO A LACK OF FUNDING AND STAFF.)

What it must file and when

IRS records say it files Form 990 or 990-EZ. Based on its last return; a smaller organization may file the 990-N. Its accounting year ends in December, so each return is due on the 15th day of the 5th month after that.

Tax yearYear endedDueIRS public records
2025December 31, 2025May 15, 2026Not on file
2024December 31, 2024May 15, 2025990-EZ on file
2023December 31, 2023May 15, 2024990 on file

IRS record

EIN
82-4127219
Tax-exempt status
501(c)(3): Charitable, religious, educational or scientific organization
Foundation status
Publicly supported organization (170(b)(1)(A)(vi))
Donations deductible (Pub 78)
Public charity, 50% deduction limit
Exempt since
2020
Accounting year ends
December
Files
Form 990 or 990-EZ
Assets (IRS master file)
$26,026
Income (IRS master file)
$67,311

Filing history

FormYear endedRevenueExpensesAssetsReturn
990-EZDecember 2024$67,311$69,769$26,026XML
990December 2023$99,688$114,138$82,219XML
990December 2022$116,303$298,779$164,045IRS
990December 2021–––IRS
990December 2020–––IRS

990-N: the IRS bulk file holds only the latest e-Postcard per organization; earlier years come from archived copies of that file since 2020 and can have gaps (the IRS e-Postcard search lists every one). 990, 990-EZ, 990-PF, 990-T: every e-filed return in the IRS e-file index since 2019; XML for the latest three processing years, amounts from the IRS Statistics of Income extracts before that. PDF copies and determination letters at the IRS (search EIN 82-4127219).

Questions about CLAUSE 40 FOUNDATION

What is the EIN of CLAUSE 40 FOUNDATION?
The employer identification number (EIN) of CLAUSE 40 FOUNDATION is 82-4127219.
Is CLAUSE 40 FOUNDATION tax-exempt?
Yes. The IRS lists it as tax-exempt under section 501(c)(3) since 2020.
Are donations to CLAUSE 40 FOUNDATION tax-deductible?
Yes. It is listed in IRS Publication 78 (Public charity, 50% deduction limit).
Which annual return does CLAUSE 40 FOUNDATION file?
Form 990 or 990-EZ. Based on its last return; a smaller organization may file the 990-N.
When is the next return of CLAUSE 40 FOUNDATION due?
The return for tax year 2025 (the year ending December 31, 2025) is due May 15, 2026. Form 8868 extends it by six months; the 990-N cannot be extended.
When did CLAUSE 40 FOUNDATION last file with the IRS?
The latest return in the IRS public files is the 990-EZ for the year ended December 2024.
Who are the officers and directors of CLAUSE 40 FOUNDATION?
The 990-EZ for the year ended December 31, 2024 lists 8 people; 0 received compensation from the organization.
How much revenue does CLAUSE 40 FOUNDATION have?
On its 990-EZ for the year ended December 31, 2024 it reported revenue of $67,311, expenses of $69,769 and total assets of $26,026 at year end.

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