New York Attorney General Investigation

Affirmation of OAG

September 30, 2019

Filing Summary

This filing is an affirmation by the OAG. It includes details about the interactions between the NRA and the OAG leading up to this suit.

Key Points

  • The OAG states that “[o]btaining information from [Ackerman] is important to the investigation in light of [Ackerman’s] unique relationship to the NRA.” (Para. 7.)
  • The OAG also notes discrepancies in the NRA’s public filings regarding the amount of payments flowing from NRA to Ackerman. (Para. 7.)
  • NRA counsel told the OAG that it was “absolutely 100%” the NRA’s position “that the NDA prevents [Ackerman] from providing responsive information to the OAG in compliance with the Subpoena absent the NRA’s review and express written permission.” (Para. 14.)
  • The OAG notes that the NRA and related entities “have produced comparatively few documents in response to months old subpoenas issued to them” as part of the OAG’s investigation. Of what they have produced, the “OAG has noted some glaring omissions.” (Para. 31.)
  • The OAG states that the “NRA’s ability to hamper compliance by potential witnesses, like [Ackerman], coupled with its slow production, unnecessarily delay and interfere with the OAG investigation and threaten its integrity by allowing the NRA, the subject of the investigation, to monitor and act as gatekeeper for information the OAG receives.” (Para. 33.)