Declaration of Sarah B. Rogers — In re NRA Business Expenditures Litigation

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A declaration by Sarah B. Rogers, counsel for the National Rifle Association of America, filed October 20, 2020 as Document 1-3 in MDL No. 2979 before the United States Judicial Panel on Multidistrict Litigation, in support of the NRA's motion to transfer cases for consolidated pre-trial proceedings under 28 U.S.C. § 1407. The declarant identifies the New York Attorney General's state action, Index No. 451625/2020, and the NRA's federal action, Civ. No. 1:20-cv-00889 (N.D.N.Y.), along with other NRA-related federal cases her firm handles. She attaches the operative complaints as Exhibits A and B, docket summaries as Exhibits C and D, and a witness chart as Exhibit E. The declaration lists expected issues of fact, states that documents produced under the Attorney General's subpoenas exceed 88,000 pages, and states that discovery is expected to overlap across the cases.

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DECLARATION OF SARAH B. ROGERS IN SUPPORT OF THE NATIONAL RIFLE 
ASSOCIATION’S MOTION TO TRANSFER CASES FOR CONSOLIDATED            
PRE-TRIAL PROCEEDINGS PURSUANT TO 28 U.S.C. § 1407 
 
 
I, Sarah B. Rogers, declare under penalty of perjury pursuant to 28 U.S.C. § 1746, that the 
following is true and correct: 
1. 
I am over twenty-one years of age, and fully competent to make this declaration. I 
am a partner with the law firm of Brewer, Attorneys & Counselors (“BAC”), 750 Lexington 
Avenue, 14th Floor, New York, New York 10022.  I am counsel for the National Rifle Association 
of America (the “NRA”) in the matters captioned People v. Nat’l Rifle Ass’n of Am., et al., Index 
No. 451625/2020 (Sup. Ct. N.Y. Cnty.) (the “NYAG State Action”) and Nat’l Rifle Ass’n of Am. 
v. James, Civ. No. 1:20-cv-00889 (N.D.N.Y.) (the “NYAG Federal Action” and, collectively with 
the NYAG State Action, the “NYAG Litigation”). I respectfully submit this declaration in support 
of the NRA’s Motion to Transfer Cases for Consolidated Pre-Trial Proceedings Pursuant to 28 
U.S.C. § 1407 (the “Consolidation Motion”). Unless otherwise stated, I have personal knowledge 
of all matters stated herein.  
2. 
In addition to the NYAG Litigation, BAC represents the NRA in the matters 
captioned Nat’l Rifle Ass’n of Am. v. Ackerman McQueen, Inc., et al., Civ. Case No. 3-19-cv-
02074-G (N.D. Tex.) (the “Ackerman Litigation”), and Dell’Aquila v. LaPierre et al., Civ. Case 
No. 3:19-cv-00679 (M.D. Tn.) (the “Dell’Aquila Litigation”), and represents Grant Stinchfield in 
Ackerman McQueen, Inc. v. Grant Stinchfield, Civ. Case No. 3:19-cv-03016-X (N.D. Tex.) (the 
“Stinchfield Litigation” and, collectively with the Ackerman Litigation and the Dell’Aquila 
Litigation, the “Other NRA-Related Federal Actions”).  
Case MDL No. 2979   Document 1-3   Filed 10/20/20   Page 1 of 4

3. 
Attached as Exhibit A hereto is true and correct copy of the Amended Verified 
Complaint filed August 10, 2020, in the NYAG State Action, which is the operative pleading 
setting forth the government’s claims therein.   
4. 
Attached hereto as Exhibit B is a true and correct copy of the Amended Complaint 
filed October 09, 2020, in the NYAG Federal Action, which is the operative pleading setting forth 
the NRA’s claims therein.   
5. 
Attached hereto as Exhibit C is a true and correct copy of the current docket 
summary for the NYAG State Action, generated via NYSCEF.  Attached hereto as Exhibit D is a 
true and correct copy of the docket summary for the NYAG Federal Action, generated via 
PACER/ECF.     
6. 
Significant issues of fact in the NYAG Litigation include: the NRA’s dealings with 
its former public relations agency, Ackerman McQueen, Inc. (“Ackerman”);1 including knowledge 
and intent on the part of NRA executives regarding Ackerman’s activities and billing;2 the NRA’s 
stewardship of its finances;3 the veracity of allegations of misspending by former NRA fiduciaries, 
including Lt. Col. Oliver North;4 and, fees incurred by other NRA vendors and professionals.5 
7. 
During 2019-2020, before the commencement of the NYAG Litigation, the New 
York State Office of the Attorney General (the “NYAG”) issued multiple document subpoenas to 
 
1 See Ex. B ¶¶ 15, 22; Ex. A ¶¶ 183, 208-215 (regarding an aborted real-estate purchase in 
Dallas, Texas allegedly orchestrated by or through Ackerman), 249, 266, 297-326. 
2 See Ex. B ¶ 15; Ex. A ¶¶ 325, 318-321 (alleging that expenses incurred by Ackerman and 
its subsidiary, Mercury Group, Inc., were “direct[ed]” or requested by NRA CEO Wayne 
LaPierre).  
3 See Ex. A ¶ 558.  
4 See Ex. A ¶¶ 444-471 (North is identified as “Dissident No. 1”).   
5 See Ex. A ¶¶ 454, 457.  
Case MDL No. 2979   Document 1-3   Filed 10/20/20   Page 2 of 4

the NRA. Documents produced by the NRA in response to those subpoenas are cited by the NYAG 
in the NYAG State Action, and it is my expectation that they will constitute (albeit only a portion 
of) relevant discovery in the NYAG Litigation. Such documents are voluminous, exceeding 88,000 
pages. It is my expectation that significant additional discovery will take place as the NYAG 
Litigation proceeds. Among other things, the 88,000+ documents produced to date fail to 
encompass any discovery conducted by, or for the benefit of, the NRA.  The NRA has identified 
numerous third parties likely to possess documents and knowledge relevant to the NYAG 
Litigation. A list of these potential witnesses appears in the first column of Exhibit E to this 
declaration (discussed below).  
8. 
Discovery in the NYAG Litigation is expected to overlap considerably with 
discovery in the Other NRA-Related Federal Actions. Indeed, during the NYAG investigation that 
preceded the NYAG Litigation, this overlap frequently created complications, since documents 
responsive to NYAG subpoenas were subject to protective orders in the Ackerman litigation or 
related, predecessor state-court litigation.   
9. 
Attached as Exhibit E to this declaration is a chart that identifies witnesses likely 
to possess documents or knowledge relevant to the NYAG Litigation, the Ackerman Litigation, 
the Dell’Aquila Litigation and/or the Stinchfield Litigation. The chart also indicates a location for 
each witness, as determined by BAC based on available records.   
I declare under penalty of perjury under the laws of the United States of America that the 
foregoing is true and correct.   
Executed this 20th day of October 2020 in New York, New York.  
  
 
 
Case MDL No. 2979   Document 1-3   Filed 10/20/20   Page 3 of 4

/s/ Sarah  B. Rogers  
 
 
Sarah B. Rogers 
 
 
 
 
Case MDL No. 2979   Document 1-3   Filed 10/20/20   Page 4 of 4

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