Fact check: False claim Stacey Abrams is facing criminal charges over Georgia nonprofits

Nate Trela, USA TODAY
·5 min read
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The claim: Stacey Abrams is facing criminal charges because of the activities of two nonprofits

Democrat Stacey Abrams built voter rights and registration nonprofit organizations in Georgia for several years before her unsuccessful runs for governor in 2018 and 2022.

A Dec. 9 Facebook video says one of those nonprofits, New Georgia Project, and an affiliated organization broke laws on fundraising and political spending, with the caption saying Abrams faces criminal charges as a result.

"THEY CAUGHT HER!” reads the caption on the video, which drew more than 300,000 views in 18 days. “Stacey Abrams Facing CRIMINAL CHARGES After Getting BUSTING (sic) in Nationwide Scheme.”

The video shows a segment from The Next News Network, which operates a YouTube channel and bills itself as “The Right Source For News.” It features a news anchor discussing a Georgia ethics investigation into money spent by the New Georgia Project and its affiliated New Georgia Project Action Fund in 2018 to support Democratic candidates.

“They finally caught her,” the anchor says at one point.

But Abrams is not facing criminal charges because of the activities of the two nonprofits. The ethics panel investigating the campaign activity in Georgia does not take matters to criminal court. And New Georgia Project's alleged fundraising with expired registrations came when Abrams did not hold a role with the group.

USA TODAY reached out to the creator of the video and the Facebook users who shared it for comment.

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Georgia probe is not a criminal investigation

The ethics probe in Georgia is not a criminal investigation, according to David Emadi, executive director of the Georgia Government Transparency & Campaign Finance Commission.

The commission, which is investigating the charities, on Aug. 1 found probable cause that New Georgia Project and the affiliated New Georgia Project Action Fund improperly helped Abrams and other Democrats in the 2018 election cycle. The finding says the nonprofits failed to file reports on $4.2 million in contributions and $3 million in spending between 2017 and 2019.

The nonprofits filed a federal suit on Aug. 31 seeking to have the case thrown out.

Emadi, a Republican, said in a Dec. 21 email to USA TODAY that the commission’s case was ongoing and active in Administrative Court, not a criminal court. He said state bar rules prevent him from discussing the specifics of an ongoing case, but he noted his commission does not initiate or prosecute criminal cases.

“As for any alleged or potential criminal charges, that would have to be addressed by another agency and is not something we are involved with or aware of at this time,” Emadi said.

Abrams left nonprofit before registrations expired

The Next News Network video highlights a Dec. 6 Washington Free Beacon report that accurately notes that New Georgia Project has expired charitable registrations in at least nine states. The organization could potentially face criminal charges if it has been raising money while not registered.

USA TODAY confirmed through online records that New Georgia Project's registrations expired in Colorado, Maine, Maryland, Mississippi, North Carolina, North Dakota, Oklahoma, Tennessee and Washington. None of the registrations list expiration dates before August of this year, with the majority coming in November or December.

There's no evidence that would impact Abrams, who has not had a role with the New Georgia Project for years.

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According to the biography of New Georgia Project Chair Francys Johnson on the nonprofit’s website, he succeeded now-U.S. Sen. Raphael Warnock as chair, while Warnock succeeded Abrams.

It is unclear when exactly Abrams left the nonprofit. Media coverage of her 2018 gubernatorial campaign said she no longer had a role there. But USA TODAY could not find an announcement of when Abrams stepped down, and a report in Slate said she worked with New Georgia Project between the 2018 and 2022 gubernatorial races.

The nonprofit did not respond to questions seeking to clarify her departure date.

Annie Orloff, communications director for Colorado’s secretary of state’s office, confirmed that criminal charges are possible when an entity raises funds without a valid registration in the state.

However, Orloff noted that if the only violation is raising funds after a registration expired, state laws say the organization could face as little as a $60 fine for each overdue report. That would be paid when the organization updated its registration.

Our rating: False

Based on our research, we rate FALSE the claim that Abrams is facing criminal charges because of the activities of two nonprofits. A Georgia ethics investigation is not a criminal probe. And while one of the nonprofits could be investigated for raising money with expired charitable registrations and could face criminal charges, Abrams held no formal role with that organization when the fundraising happened.

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This article originally appeared on USA TODAY: Fact Check: False claim Stacey Abrams is facing criminal charges