Is TPUSA Board PERSONALLY LIABLE For Paying INDICTED FELONS After Charges? (SUED For MILLIONS?)

[00:00] Because the money that's going into the

[00:02] pocket of Turning Point USA executives and

[00:04] vendors,

[00:05] if they've been

[00:06] disciplined and they are sitting on

[00:08] indictment for state or federal charges,

[00:11] they should not be receiving funds unless

[00:14] fully disclosed.

[00:15] That is a fiduciary duty to disclose.

[00:18] And if donors sue for breach of fiduciary

[00:21] duty under Arizona law,

[00:23] there is no cap on damages.

[00:25] Did TPUSA's board of directors violate

[00:29] fiduciary duties for Turning Point USA?

[00:32] We're going to find out in this video.

[00:33] Like, subscribe,

[00:34] hit that notification bell, and let's get

[00:36] right into it.

[00:37] So on April 26th, 2024, an Arizona grand

[00:40] jury indicted Jake Hoffman

[00:42] and Tyler Boyer with 9 felony counts each

[00:45] with conspiracy, fraudulent schemes,

[00:47] forgery.

[00:47] It's not my opinion, it's fact.

[00:49] On November 14th of 2025, President Trump

[00:53] actually issued federal pardons for these

[00:55] gentlemen, and I'm using that term lightly.

[00:56] Article 2, Section 2 of the Constitution

[00:59] grants pardon power

[01:01] only for federal offenses.

[01:03] A spokesperson for Arizona

[01:05] Attorney General Chris Mayes stated that

[01:07] the pardon will have no impact on the

[01:09] state's case.

[01:10] And as of January 26, Jake Hoffman and

[01:13] Tyler Boyer remain active criminal

[01:15] defendants

[01:16] in Arizona State Court.

[01:18] And according to tax filings and analysis

[01:20] documents,

[01:22] After April, 2024's indictment,

[01:24] payments totaling $475,000 and change went

[01:27] to companies owned

[01:29] by Jake Hoffman. Under

[01:31] Arizona nonprofit law, when boards continue

[01:34] paying vendors

[01:35] or employees who are under federal

[01:36] indictment,

[01:37] they must

[01:38] prove that those payments are serving the

[01:41] nonprofit's mission

[01:42] better than protecting its reputation would have.

[01:46] That's not my opinion.

[01:47] That's fiduciary duty law.

[01:49] Now, in Arizona, revised statutes Title 10,

[01:52] Section 10, 11, 830,

[01:54] governs nonprofit corporate directors.

[01:58] It requires directors to act in good faith

[02:00] and in a manner that the director

[02:02] reasonably believes

[02:04] to be in the best interest of the

[02:06] corporation of the mission.

[02:09] Not the best interest of the executives,

[02:11] not the best interest of vendors,

[02:13] the corporation, the mission.

[02:15] This creates 3 mandatory duties.

[02:18] Duty of loyalty, which

[02:20] you put the nonprofit's interest ahead

[02:23] of any personal interest or relationship or

[02:26] business relationship

[02:28] every single time.

[02:29] duty of care, you make informed decisions,

[02:33] you gather information, you consult

[02:35] experts, and you document your reasoning.

[02:38] And then you have a duty of obedience.

[02:40] You have to ensure

[02:41] that the nonprofit operates according to

[02:43] its stated mission

[02:45] every single way,

[02:46] every time,

[02:48] which complies directly with the law.

[02:51] If you violate these duties, you face

[02:53] personal liability,

[02:55] not the nonprofit.

[02:56] You personally

[02:58] face liability.

[02:59] Internal Revenue Section Tax Code,

[03:01] Internal Revenue Code Section 4958

[03:04] addresses

[03:06] excess benefit transactions.

[03:08] And an excess benefit transaction occurs

[03:11] when a nonprofit pays

[03:13] a disqualified person more than fair market

[03:16] value for services.

[03:17] The penalty structure, if you receive an

[03:20] excess benefit,

[03:21] you personally owe 25% excise tax

[03:24] on the excess amount.

[03:26] And if you don't correct it by returning

[03:28] the excess to the nonprofit,

[03:30] that penalty increases 200%.

[03:33] So adding 200 to the 25%.

[03:37] 225% in total,

[03:39] which

[03:40] if you're a board member and you approved

[03:42] an excess benefit transaction and the IRS

[03:45] determines that you knew or should have

[03:47] known it was improper,

[03:48] you also face 10% penalty up to

[03:52] $20,000

[03:52] per transaction.

[03:53] So say if there's five questionable

[03:55] payments,

[03:56] That could be $100,000 in personal

[03:58] penalties from your personal bank account.

[04:00] April 26th of 2024,

[04:02] Arizona grand jury returns indictments in

[04:05] state of Arizona versus Boyer,

[04:08] Hoffman, and others.

[04:10] Jake Hoffman, defendant 4 in this case,

[04:13] has 9 felony accounts,

[04:15] and Tyler Boyer is defendant second,

[04:17] defendant #2 in this case,

[04:19] also with 9 felony accounts.

[04:21] The charges were public.

[04:23] News coverage has been extensive.

[04:25] Anyone searching either name would find

[04:27] these indictments.

[04:28] At that moment, Turning Point USA's board

[04:31] had to make a decision.

[04:32] For Jake Hoffman's companies, stop the

[04:35] vendor relationships,

[04:36] distance from an indicted state senator

[04:39] whose company was banned from Facebook for

[04:41] running a troll farm, and also indicted on

[04:44] federal and state charges

[04:46] for doing fraudulent schemes.

[04:49] For Tyler Boyer,

[04:50] place the COO on

[04:52] an unpaid leave pending trial.

[04:54] I'm pretty sure this is why Charlie Kirk

[04:56] had mentioned that Tyler Boyer is going to

[04:59] be replaced as a

[05:00] COO with Justin Strife.

[05:02] According to analysis documents reviewing

[05:04] tax filings, after

[05:06] the indictment, payments to companies owned

[05:08] by Jake Hoffman totaled

[05:11] $475,000.

[05:13] So according to Form 990, Part 7,

[05:16] for fiscal year 2024,

[05:18] Tyler Boyer's disclosed compensation was

[05:23] $337,575, and this was disclosed in fiscal

[05:26] year of 24.

[05:28] So before that, in 23, it showed $79,000

[05:30] and change.

[05:33] Here's the fiduciary duty test.

[05:35] Did paying an indicted vendor

[05:37] after his indictment serve the mission of

[05:40] educating college students about

[05:42] conservative

[05:44] principles?

[05:45] Did it serve the mission better than

[05:47] terminating the vendor relationship would have?

[05:50] Did employing a COO

[05:51] facing 9 felonies and increasing his

[05:54] compensation

[05:55] from nearly $80,000 to over $330,000 in the

[05:59] year of his indictment serve donors

[06:02] interests?

[06:03] This board must be able to answer those

[06:05] questions and their answers

[06:06] must be documented in board meeting

[06:09] minutes,

[06:09] supported by independent legal counsel and

[06:12] disclosed to donors.

[06:13] Because if they can't prove that the

[06:15] decisions serve the nonprofit's mission

[06:17] instead of the personal financial needs of

[06:19] the indicted individuals,

[06:21] that is a fiduciary duty violation.

[06:24] I'm not saying that these payments are

[06:25] violations.

[06:27] I am saying that Arizona law requires the

[06:29] board to be able to prove that they aren't.

[06:32] and that requires documentation.

[06:34] Arizona nonprofit law

[06:36] requires a good faith disclosure of

[06:38] material facts to donors.

[06:40] Is your

[06:42] COO facing 9 felony counts of a material

[06:44] fact? Yes.

[06:46] Is your vendor being indicted for election

[06:49] fraud? Is it a material fact?

[06:51] Yes.

[06:52] I reviewed publicly available TPUSA

[06:54] fundraising material for 2024,

[06:57] and I found no disclosure of these

[06:59] indictments.

[07:00] I reviewed their website donor pages.

[07:02] There's no disclosure.

[07:03] I reviewed

[07:04] publicly available communications and no

[07:06] disclosure.

[07:07] In fact,

[07:08] seems like they're hiding the information

[07:09] that they're still under state indictment

[07:11] celebrating some type of

[07:13] presidential pardon from Trump when it has

[07:16] no

[07:17] overseeing in the state of Arizona, you

[07:19] might as well try to

[07:21] indict, you might as well try to pardon

[07:22] somebody in Germany because it's not gonna work.

[07:25] If you donated at Turning Point USA between

[07:28] April 2024 and today,

[07:30] did anyone from the organization inform you

[07:33] that the COO

[07:34] was still facing

[07:36] 9 felony counts,

[07:37] a major vendor under indictment for 9

[07:40] felony counts,

[07:41] hundreds of thousands of dollars being paid

[07:43] to an indicted

[07:44] defendant's company?

[07:46] You must have learned this from news

[07:48] reports if you'd even knew it at all.

[07:50] From investigations like this one, the one

[07:52] that I've been doing over these episodes,

[07:56] this is probably where you're finding this

[07:58] information because guess what? I guarantee you,

[08:00] it's my opinion.

[08:01] I could be wrong.

[08:02] They're hiding this information from you

[08:05] because the money that's going into the

[08:07] pocket of Turning Point USA executives and

[08:09] vendors

[08:10] If they've been

[08:12] disciplined and they are sitting on

[08:14] indictment for state or federal charges,

[08:16] they should not be receiving funds unless

[08:19] it's fully disclosed.

[08:21] And it is certainly a fact that it is

[08:24] serving the mission better than not paying them.

[08:26] Does that make sense?

[08:28] That is a fiduciary duty to disclose.

[08:31] When material facts

[08:33] affect donor decisions,

[08:35] boards have a legal obligation to provide them.

[08:38] February of 2024,

[08:40] New York jury finds Wayne LaPierre, former

[08:43] NRA CEO, personally liable

[08:46] for $5.4 million for failing to properly

[08:50] administer charitable funds.

[08:52] CFO Wilson, $2 million in personal

[08:55] penalties.

[08:56] What did they do?

[08:57] Routed non-profit money through vendors to

[09:00] provide personal benefits.

[09:02] The court didn't find the NRA and just call

[09:04] it a day.

[09:05] They went after the individuals who made

[09:07] these decisions.

[09:09] personal bank accounts, personal assets.

[09:12] Wayne LaPierre is now banned from nonprofit

[09:14] leadership for over a decade.

[09:16] Every TPUSA board member who voted to

[09:19] continue paying Hoffman's companies and

[09:21] employing Boyer after 2024 should

[09:23] understand

[09:24] you face the same legal implications

[09:27] that Wayne LaPierre faced.

[09:29] He did time.

[09:30] He paid millions.

[09:31] If the IRS determines that

[09:35] the

[09:36] $475,000 sent to Hoffman, paid to Hoffman

[09:38] was excessive,

[09:39] he faces from 25 to 225 percent in personal

[09:43] excise tax.

[09:44] If Boyer's compensation increases

[09:46] in his indictment year and is deemed

[09:49] excessive, he faces the same.

[09:52] And it all matters in the fact of the

[09:54] mission of the organization.

[09:56] And if it's more important to have this

[09:58] person paid

[09:59] or serve the mission,

[10:00] and if it was important to pay,

[10:03] then what was the reason? And was all of

[10:05] this agreed upon and explained to donors?

[10:07] Every board member who has approved these

[10:10] payments, if this was not done

[10:11] specifically, it's up to $20,000 per

[10:14] transaction per board member

[10:16] who approved this.

[10:17] And if donors sue for breach of fiduciary

[10:20] duty under Arizona law,

[10:21] there is There's no cap on damages.

[10:23] So if you're a donor and you weren't

[10:25] notified of these duties being broken,

[10:28] and indeed they might have been,

[10:30] then you have a right to file a lawsuit and

[10:33] claim for personal unlimited liability.

[10:36] So here are some questions that the board

[10:38] needs to answer.

[10:38] Did you convene a board meeting in April of

[10:40] 24 to discuss the indictments?

[10:43] Did you consult independent legal counsel

[10:45] about your fiduciary duties?

[10:46] Did you vote on whether to continue the

[10:48] Hoffman vendor relationship?

[10:50] Did you vote on Boyer's continued

[10:52] employment and compensation? Did Boyer

[10:55] recuse himself from voting on his own

[10:57] compensation? What about

[10:59] voting on how we're going to pay

[11:00] Hoffman? Did you vote on that as well? And

[11:02] did Boyer recuse himself from these votes?

[11:04] Because we could request the minutes, but are

[11:07] they going to give it to us? They don't

[11:08] have to, I don't think.

[11:09] What business reason justified paying a

[11:11] criminally indicted

[11:13] state senator

[11:14] a vendor of TPUSA $475,161 after

[11:18] his indictment while his trial is still

[11:22] pending.

[11:23] How did that serve TPUSA's donor's mission

[11:26] better than terminating the relationship

[11:28] altogether?

[11:29] What reputational damage assessment did

[11:32] they conduct? Why weren't donors informed?

[11:34] And if they were, how come nobody's talked

[11:36] about it? Do you believe the

[11:37] executive indictments are material facts

[11:40] donors should know? And about the

[11:42] documentation, where are the board minutes

[11:45] from April, 2024 to

[11:47] today? Can you produce the business

[11:49] justification in writing that

[11:51] this is serving the mission

[11:53] to pay these vendors?

[11:55] to have Tyler Boyer in a high capacity all

[11:58] the way from 2024 while he's under state

[12:01] indictment, even if he was federally

[12:02] pardoned,

[12:04] he was under indictment federally and state

[12:06] all the way up until 2025 near the end of

[12:09] the year.

[12:10] So every single payment,

[12:12] every salary payment, every vendor payment,

[12:16] This could be an excise tax and a lawsuit

[12:19] that

[12:20] nobody saw coming.

[12:21] Nobody's talked about it.

[12:23] They gathered comparability data showing

[12:26] that these payments were fair market value.

[12:30] I'm gonna cite Arizona Nonprofit Law, and

[12:33] I'm gonna ask whether documented procedures

[12:35] were followed.

[12:36] And the law says,

[12:38] put the mission first,

[12:39] disclose material facts,

[12:41] document decisions.

[12:43] the evidence available to me shows that

[12:46] payments continued after indictments

[12:49] no public disclosure found meeting minutes

[12:51] are not publicly available even though the

[12:54] public subs subsidizes them as a tax exempt

[12:57] organization

[12:58] if you donated to TP USA in 2024

[13:01] 2025 even 2026

[13:04] IRS form 13909 tax exempt organization

[13:07] complaint form Arizona

[13:09] AG's office

[13:10] donor protection complaints

[13:13] I'll put the link down below.

[13:14] You can also hit up TPUSA directly and

[13:17] demand disclosure in board meeting minutes.

[13:20] You have a right if you're a donor.

[13:22] The board has mandatory duties under

[13:24] Arizona law.

[13:26] If they fail to meet these duties,

[13:28] they face personal liability.

[13:30] That is not my opinion.

[13:32] That is

[13:33] the law.