Charity & Security Network (C&SN) nonprofit defensive resources
In the wake of and in anticipation of Congressional investigations, expansion of the counter-terrorism framework through administrative measures, and attacks on nonprofits, the Charity & Security Network (C&SN) has developed and updated resources for the non-profit sector compiled below. You may find additional materials from C&SN and partner organizations on their Civil Society Rights & Resiliency Project page here and reach out to them with any questions!
Rapid Response Plans for NPOs: Political Attacks & Government Investigations
Nonprofit organizations (NPOs) can, and have been subject to both politically motivated attacks and government investigations. C&SN has created a guide intended to help NPOs prepare to respond to either of these scenarios. This resource should not be used as the sole source of guidance, but rather as a starting point to guide NPOs through the development of a Rapid Response Plan tailored to its specific needs and circumstances.
How to Protect Your Nonprofit: Essential Steps
There are a variety of ways that nonprofit organizations (NPOs) can protect themselves during an era of unprecedented crackdown on civil society. At a minimum: recruit a competent and engaged board, continue to operate for tax-exempt purposes, stay within the IRS lobbying limits, do not engage in electoral campaign activity, and limit your unrelated business activity. See the guide for more.
Nonprofit Compliance Checklist
In partnership with Klamp & Associates, C&SN developed a checklist to help guide nonprofits in preparing their internal governance documents and complying with various state and federal regulations, including charitable fundraising, intellectual property, IRS, and filing requirements.
Congressional Investigations: Could Your Nonprofit Organization Be Next? - Webinar & Slides
This C&SN webinar features expert attorneys from APCO International Advisory Council and Boies Schiller Flexner who offer key insight and context around Congressional investigations, what they entail, and legal and reputational considerations for response if an organization receives a letter. While this program was held in November 2018, under the first Trump Administration, it sheds light on Congressional investigative authority and tactics the current administration and 119th Congress are using today (i.e. House Committee on Homeland Security and Subcommittee on Oversight, Investigations, and Accountability; Senate Judiciary Subcommittee on Crime and Counterterrorism).
False Claim Act Lawsuits: What Nonprofits Need to Know and Issue Brief: False Claim Act Cases against NPOs
These resources offer background on the False Claims Act (FCA), how it is used, and what NPOs can do to protect themselves against and respond to lawfare attacks.