A top network neutrality advocacy group is weathering a flap over its sketchy lobbying disclosures after it was reported last week the group had taken numerous unreported meetings with senior aides at the Federal Communications Commission (FCC) and the National Telecommunications and Information Administration (NTIA).

Free Press, among the fiercest and better funded Beltway groups lobbying for the adoption of net neutrality rules, has taken great pains to criticize industry groups for holding off-the-record meetings with FCC officials. But the group’s staff had lobbied FCC officials on more than two dozen undocumented occasions since January 2009. Additionally, discrepancies were discovered between the group’s filings relating to lobbying.

Federal legislation mandates the disclosure of lobbying efforts directed at federal employees with regard to the formulation of federal rules and laws. According to recently-obtained ex-parte data, serious discrepancies were discovered between filings with the Internal Revenue Service–which are to disclose generic, grassroots lobbying expenses–and those figures reported under the Lobbying Disclosure Act–which is to monitor federal-specific lobbying expenses.

Between the years 2005 and 2010, Free Press LDA disclosures showed the group had spent little more than $150,000 on direct lobbying of legislators and federal employees. But tax filings with the IRS–only presently available up to the year 2008–revealed the organization had spent nearly $1 million on lobbying in little more than half that time.

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On November 17, 2009, a prominent Senator and five leading Members of Congress sent a letter to the IRS asking for an investigation of the Council on American-Islamic Relations (CAIR) concerning their possible violation of the Lobbying Disclosure Act which limits the expenditures a non-profit can spend on lobbying  If CAIR has exceeded the limits of that law, they risk losing their non-profit status.  Other penalties may be more severe:  if the Secretary of the Senate or Clerk of the House of Representatives determines that CAIR should have registered and find “a knowing violation by a preponderance of the evidence,” CAIR could be “subject to a civil fine of not more than $200,000, depending on the extent and gravity of the violation,”  and if CAIR “knowingly and corruptly failed to comply,” they could be subject to imprisonment up to 5 years.    Our separate analysis of CAIR tax returns, compared to audio evidence recorded in 2006, reveals another potential issue for IRS investigators – more on that follows below…

The November 17 letter to the IRS was signed by Senator Tom Coburn (R-OK), Ranking Member on the Permanent Subcommittee on Investigations for the Homeland Security and Governmental Affairs Committee.    The members of Congress signing the letter also have extensive experience in intelligence, counter-terrorism and investigations:

• Rep. Sue Myrick (R-NC), Deputy Whip, founder of the Congressional Anti-Terrorism Caucus, who also serves on the House Permanent Select Committee on Intelligence
• Rep. Trent Franks (R-AZ), who serves on the Judiciary Committee and the Armed Services Committee
• Rep. Paul Broun (R-GA), who serves on the United States House Homeland Security Subcommittee on Intelligence, Information Sharing, and Terrorism Risk Assessment
• Rep. John Shadegg (R-AZ), who serves on the  Committee on Energy and Commerce and the Select Committee on Energy Independence and Global Warming
• Rep. Patrick McHenry (R-NC), who serves on the Subcommittee on National Security and Foreign Affairs for the Committee on Oversight and Government Reform

Our own investigation revealed another problem CAIR may have with the IRS.

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President Obama has always made a pretty big deal about not working with “lobbyists”. Registered lobbyists can’t get stimulus money, can’t be White House advisors and are not allowed access to meetings and summits. So how does one get around that? It’s simple; you just don’t register as a lobbyist. That’s what Andy Stern did and it may come back to bite him.

Grover Norquist, President of Americans for Tax Reform (ATR) and me, as Executive Director of the Alliance for Worker Freedom (AWF) formally requested an investigation by the acting United States Attorney Channing D. Phillips, Esq., into the potentially illegal lobbying activities of the Service Employee International Union (SEIU) President Andy Stern.

In a letter hand delivered today to Mr. Phillips, Senate Secretary Erickson and House Clerk Miller, we wrote:

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