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Hillary Clinton may find herself behindbars sooner thananyone expects; however, its not her private email server or much discussed pay-to-play scheme that is her main Achilles heel.

The financial and founding documents ofthe Clinton Foundation are most damning.

Lets start fromthe very beginning, Charles Ortel, a Wall Street analyst who has been investigating the alleged charity fraud forabout two years and publishes his findings onhis website, says.

How It All Began

The United States has precise rules governing how charities spring intolife legally and then operate. Most charities are organized ina given US state (or Washington, D.C.) asnonprofit corporations. After completing this step, they frequently apply forfederal tax exemption here, they must complete a detailed application truthfully that explains, amongother things, the specific purposes they intend tocarry out, Ortel explained inan interview withSputnik.

These purposes must, infact, be tax-exempt inline withstatutory provisions that define which purposes serve the public, and which may not, he stressed.

The William J. Clinton Presidential Foundation, Inc. is somewhat different inthat it was organized tocomply withthe Presidential Libraries Act of1955, aslater amended, tohouse Presidential Records (this is a statutorily defined term that means items created or received duringBill Clintons presidential terms that ran fromJanuary 20, 1993, throughJanuary 20, 2001), tooperate a research facility forthose who wish tostudy these records, and toraise a capital endowment, Ortel clarified.

In addition, tooperate a charity lawfully acrossthe US or the whole world, one must comply withsolicitation requirements ineach ofour 50 states and incertain other jurisdictions, which require charities toregister and report beforeraising funds.

Wall Street Analyst Charles Ortel (Source: Youtube / CGTN America)

The analyst underscored that many states and places levy taxes oncharities and their potential donors, who are not exempt unless state and local registrations are completed truthfully.

Long before2002, when Bill Clinton, Ira Magaziner and others illegally began soliciting funds, allegedly to fight HIV/AIDS internationally, the original Clinton Foundation failed toregister truthfully innumerous states and localities. In addition, the Clinton Foundation filed raise and materially misleading federal tax forms concerning the status oftheir state and local filings, and other matters, the analyst highlighted.

He emphasized that underapplicable rules a charity must be organized lawfully and then operated lawfully atall times thereafter.

So, material defects inpublic filings forthe Clinton Foundation which was founded onOctober 23, 1997, inArkansas began long before2002, and have escalated right tothe present, Ortel told Sputnik.

Audit Problems

Yet another problem brought tolight bythe analyst is that the Clintons charity has never been audited infull compliance withthe law.

In this Sept. 22, 2014 file photo, former Secretary of State Hillary Clinton and former President Bill Clinton address the audience at the annual Clinton Global Initiative meeting in New York City. (Source: PolitiFact)

Thus, fromDecember 31, 1997, throughDecember 31, 2009, the Clinton Foundation attempted topass offaccounting work performed bya firm called BKD, LLP as audits, Ortel recalled, stressing that BKD couldnt be considered independent sinceit had certain ties tothe charity.

Afterwards, fromDecember 31, 2009, forward, no purported audit prepared byany accounting firm forany part ofthe Clinton Foundation opens witha formal audit ofthe starting position onDecember 31, 2009. This may be because no part ofthe Clinton Foundation was lawfully organized byDecember 2009, Ortel pointed outand added that, inhis opinion, the financial statements put intothe public domain byClinton Foundation trustees define reckless misconduct and seem actionable tome, onmany levels.

Indeed, the charitys financial documents contain suspicious gaps and omissions.

Commenting onthe foundations international activities, Ortel noted that what is missing is granular information required onthe local currency results ofthe Clinton Foundation and currency translation rates intoUS dollars foreach ofthese foreign operations.

Also missing is proof that each ofthese foreign operations was registered lawfully inany foreign nation where the Clinton Foundation operated or solicited donations, he highlighted.

What Lies atthe Root ofthe Gaps and Omissions inthe Documents

The question then arises what lay behindthese obvious discrepancies and negligence.

Is it ignorance ofthe law onthe part ofthe Clintons? Unlikely.

According tothe analyst, one could not exclude that these discrepancies point topotential fraud and mismanagement offunds.

For example, back in2015, Charles Ortel exposed the scheme, which was potentially used bythe Clinton Foundation todefraud air travelers withinthe framework ofthe charitys HIV/AIDS initiative. According tothe analyst, the Clintons could have defrauded an unsuspecting international public of hundreds ofmillions ofdollars forpersonal gain.

This is big, the analyst notes, calling attention tothe fact that the penalties underthe US state and federal law forcharity fraud, particularly involving disaster relief, are incredibly stiff.

Rep. Corrine Brown with Hillary Clinton (Source: The American Mirror)

One ofthe shining examples is Rep. Corrine Browns case: the 69-year-old Democrat has been recently indicted fora $800,000 charity fraud including mail and wire fraud, conspiracy, obstruction and filing offalse tax returns. She is facing decades injail.

Normally, the IRS and Department ofJustice look atthe public filings todetermine how much private benefit may have been generated throughthe operation ofa supposed charity this test is performed ona collective basis. In other cases, a collective private benefit of $1,000 or more has been held tobe disqualifying, the analyst explained.

What Prevents IRS, FBI From Catching the Clintons Red-Handed

So, what prevented the IRS and FBI fromcatching the Clintons given their suspicious charity record?

Normally, the IRS holds enormous power when it chooses toinvestigate a charity whose public filings seem suspect, Ortel noted, adding that, similarly, the FBI has enough sophisticated resources to scan a charity.

There were reports that the Clinton Foundation had been investigated bythe IRS and FBI but, surprisingly, these inquiries have not borne any fruit.

The first investigation ofthe Clinton Foundation that I find mentioned inthe public domain was conducted bythe FBI from2001 through2005. During this time, two gentlemen now inthe news were involved: James Comey was US attorney and then deputy attorney general ofthe Justice Department, while Bob Mueller was head ofthe FBI, Ortel said.

Maybe here is the answer tothe question.

The Clintons have had decades toinsert their allies intothe IRS, the FBI and Justice, aswell asinto key state government positions, the analyst noted, So, untilnow, the Clintons, the Obamas and others have been able toblunt comprehensive inquiries that likely will expose bipartisan wrongdoing.

In this light, Donald Trumps words that former FBI Director Comey was the best thing that ever happened toHillary Clinton acquires a new meaning.

That also means that the Clintons charity case could become especially explosive given the fact that so many operatives, trustees, donors, companies and even foreign government officials could have been involved inthe suspected fraud.

How the International Community May Contribute tothe Charity Probe

To tackle the issue and conclude an investigation intothe Clintons alleged charity fraud one needs to clean the house first, the analyst stressed. According toOrtel, Attorney General Jeff Sessions is the best-qualified official tocarry outthis work.

Furthermore, the international community can also join the effort and contribute tothe investigation.

I am already incontact withcertain governments concerning the apparent legal status ofthe Clinton Foundation and the nature/amount ofsums solicited and received byClinton interests, supposedly forcharitable pursuits, the analyst said.

Around the world, the Clintons claim tohave operated their charities towardsnoble-sounding aims. I would be most grateful toreceive any information concerning potential infractions, Ortel stressed.

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How Hillary Clinton May Find Her Way to Jail - Center for Research on Globalization