The Berger Action Fund (formerly Wyss Action Fund) is a left-of-center lobbying nonprofit and the advocacy arm of the Wyss Foundation, the grantmaking foundation funded by Swiss billionaire and liberal mega-donor Hansjorg Wyss. ¹ The fund has been criticized by the New York Times for funding the multibillion-dollar “dark money” activist network managed by Arabella Advisors, a left-of-center consultancy in Washington, DC. ²

Background

For more information, see Hansjorg Wyss, Wyss Foundation

The Berger Action Fund was formed in 2007 as a Delaware corporation operating in Washington, DC, as the Wyss Action Fund, named for Hansjorg Wyss (also spelled Hansjoerg), a Swiss billionaire and medical industry entrepreneur who lives in the United States. ^{3 4} It was renamed in 2016. ⁵

The reason for the name change is unclear, but it appears to have been renamed for Susi Berger (née Susanna Ottilia Franziska Wyss), one of Hansjorg Wyss’s sisters. Berger (1938-2019) was a notable Swiss graphic artist who, with her husband Ueli (1937-2008), worked in art, interior design, and furniture design in Bern beginning in the 1960s. ^{6 7}

Controversies and Criticism

Illegal Election Intervention Complaint (2021)

On May 15, 2021, the right-leaning watchdog Americans for Public Trust (APT) filed a complaint (archived here) with the Federal Election Commission (FEC), which oversees political groups’ spending, alleging violations of the Federal Election Campaign Act by Hansjorg Wyss, the Wyss Foundation, the Berger Action Fund, the New Venture Fund (in its capacity as the parent of the Hub Project), and Sixteen Thirty Fund. ⁸ According to APT, “Mr. Wyss indirectly funded federal electoral advocacy through his nonprofit organizations,” failing to set them up as political action committees (PACs), and “the intended recipient of these funds was ultimately a variety of organizations whose primary purpose is to engage in electoral advocacy.”

Organizations which receive contributions in excess of $1,000 or makes contributions in excess of $1,000 in a calendar year is considered a PAC for the major purpose of influencing elections. PACs are subject to strict financial reporting requirements that 501(c)(3) and (c)(4) nonprofits are not. ⁹ The complaint points out that the Wyss Foundation, Berger Action Fund, and New Venture Fund, which are all 501(c) nonprofits, have failed to file a statement of organization with the FEC, despite Wyss contributing at least $56.5 million from the Wyss Foundation to the New Venture Fund and another $135 from the Berger Action Fund to the Sixteen Thirty Fund. The 501(c)(4) Sixteen Thirty Fund spent $30 million influencing the 2018 midterm elections in order to favor Democratic candidates, “thereby triggering classification as a political committee,” according to APT.

U.S. law strictly prohibits foreign nationals from making direct or indirect contributions to political action committees. ¹⁰ Wyss, who was born in Switzerland, resides in the U.S. under an “E-2 VISA” (which is intended for foreign investors who live and work in the country) and “is not a permanent resident of the U.S. under a ‘green card,'” according to his attorney. ¹¹ The complaint cites $41,000 in illegal federal campaign contributions Wyss paid between 1998 and 2003, claiming that, “Since that time, [Wyss] has made indirect contributions and expenditures by means of an intricate network of organizations in a scheme to obscure his role as the source of these funds.” ¹²

APT alleges that Wyss established the Hub Project, a front for the “dark money” funder New Venture Fund and the recipient of significant funding from the Wyss Foundation, in order “to avoid any connection with the sizeable election activities carried out by the Hub Project and Change Now,” a super PAC associated with the Hub Project. “Operating since 2015
without the requisite FEC filing,” APT writes, “the Hub Project has been immune to any oversight and accountability despite significant spending in federal election.” It adds:

The Hub Project has served as a vehicle for the political spending of Mr. Wyss. This is demonstrated by the fact that Mr. Wyss has not publicly disclosed his role in founding the Hub Project. Neither his influence nor his financial support can be found anywhere on the group’s website. Rather, information regarding his involvement with the Hub Project was the result of “interviews with five people with knowledge of The Hub Project, an internal memo from another liberal group that was obtained by The New York Times.”

2023 APT Report on Foreign Influence in U.S Elections

In July 2023, APT released a report claiming that the Wyss Foundation and the Berger Action Fund, since their creation, have passed roughly $475 million to a series of left-of-center nonprofit organizations heavily involved with the area of, “U.S politics and discourse.” ^{13 14} The report states that in 2021 alone the Berger Action Fund donated $72.7 million to 12 dark money organizations, with 82.5% (or $62.7 million) going to groups which promoted and supported agenda items by President Biden. Several nonprofit organizations that received donations from both foundations include Arabella Advisors-managed New Venture Fund and Sixteen Thirty Fund ($265 million in total), the Center for American Progress (CAP), the Fund for a Better Future (FBF), the League of Conservation Voters (LCV), the National Redistricting Action Fund (NRAF), Planned Parenthood, and Indivisible. ¹⁵ APT’s report also highlighted how several groups which received funding from Wyss-affiliated foundations had previously taken part in election-related activities. For example, in 2020 Sixteen Thiry donated $164 million towards several Super PAC’s supporting the campaigns for President Biden and senate Democrats, particularly left-of-center advocacy coalition America Votes. ¹⁶ In May 2023, Climate Power, a joint project of Wyss-funded FBF and LCV, along with left-of-center Future Forward USA Action and strategy hub Way to Win, funded a $20 million ad campaign to promote policies by the Biden Administration. In addition, the report claimed that the Hub Project, an advocacy organization that might have originated as a proposal by the Wyss Foundation in 2015, was created to, “control the flow of Arabella money to progressive candidates and initiatives [and]…to mobilize voters and disseminate media.” ^{17 18}

Legal Representation of Marc Elias

In 2021, a complaint was filed with the FEC by the right-leaning watchdog organization, Americans for Public Trust, alleging that Hansjorg Wyss, the Wyss Foundation, and the Berger Action Fund were using nonprofits within the Arabella Advisors network to violate laws prohibiting foreign nationals from giving to political action committees (PACs). Marc Elias, then working at Perkins Coie, represented Berger Action Fund in the matter. The complaint was ultimately dismissed by the FEC in 2022 after a 3-3 deadlocked vote of the FEC commissioners. ¹⁹

Funding

Donors to Berger Action Fund

No donors to Berger Action Fund are known, but between 2017 and 2018 the Wyss Foundation paid $173,012 to the lobbying group as “payment from organization for shared personnel and facilities.” ²⁰

Financial Overview

Between 2007 and March 2022, the Berger/Wyss Action Fund reported revenues of $718 million, expenditures of $345 million, and grants paid totaling $344 million: ²¹

Grants from Berger Action Fund

Berger is a top donor to the 501(c)(4) Sixteen Thirty Fund and its 501(c)(3) affiliate, New Venture Fund. Both nonprofits are part of a $multibillion-dollar “dark money” funding and fiscal sponsorship network managed by Arabella Advisors, a consulting firm in Washington, DC. Between 2010 and 2017, Berger granted $1,291,500 to New Venture Fund. Between 2010 and March 2020 Berger granted over $209 million to Sixteen Thirty Fund, roughly $100 million of it granted in 2019-2022. The New York Times has reported that between 2016 and 2020 Berger gave $135 million to Sixteen Thirty Fund. ^{22 23 24}

Between 2018 and 2022, the Berger Action Fund donated $5.75 million to the National Redistricting Action Fund (NRAF), a left-wing redistricting group founded by former Attorney General Eric Holder. The NRAF’s goal is to redraw congressional maps to benefit the Democratic Party. ²⁵

The Berger Action Fund has also granted nearly $76 million to Fund for a Better Future, a left-of-center advocacy and lobbying group that runs a fiscally-sponsored project called Climate Power. ²⁶ According to tax filings, from 2016 to 2021 Fund for a Better Future raised roughly $144 million, meaning grants from the Berger Action Fund comprised just over half of the organization’s total revenues during that time. The Berger Action Fund has also contributed over $15 million to the League of Conservation Voters.

The following are known grants from Berger Action Fund: ²⁷

Form 990 Filings with Grant Lists (2017-2019)

Berger Action Fund’s publicly filed Form 990 filings for 2017, 2018, and 2019 are missing Schedule I grant lists. The following Form 990s were provided by Kenneth P. Vogel of the New York Times, and include grant lists:

• 2017 Form 990 (covers 4/1/17–3/31/18; Schedule I on page 23)
• 2018 Form 990 (covers 4/1/18–3/31/19; Schedule I on page 21)
• 2019 Form 990 (covers 4/1/19–3/31/20; Schedule I on page 15)

1. Return of Foundation Exempt from Income Tax (Form 990-PF). Wyss Foundation. 2018. Part XVII (Transfers to Related Organizations).
2. Kenneth P. Vogel, Katie Robertson. “Top Bidder for Tribune Newspapers Is an Influential Liberal Donor.” New York Times. April 13, 2021. Accessed April 14, 2021. https://www.nytimes.com/2021/04/13/business/media/wyss-tribune-company-buyer.html
3. Berger Action Fund: DCRA Report. Accessed April 14, 2021. https://corponline.dcra.dc.gov/BizEntity.aspx/ViewEntityData?entityId=2692476

   Note: Official formation date was 12/10/2007.

4. Delaware Secretary of State: Berger Action Fund. Archived: https://www.influencewatch.org/app/uploads/2021/04/berger-action-fund-delaware-report.pdf
5. Return of Organization Exempt from Income Tax (Form 990). Berger Action Fund/Wyss Action Fund. See 2015/2016.
6. Hedwig “Hedi” Wyss. Munzinger. Original URL: https://www.munzinger.de/search/portrait/Hedi+Wyss/0/16844.html. Archived: https://www.influencewatch.org/app/uploads/2021/04/hedwig-wyss-profile-on-munzinger.pdf.
7. Mirjam Fischer, Anna Niederhäuser: Biographies Susi + Ueli Berger . In: Mirjam Fischer, Anna Niederhäuser (eds.): Susi + Ueli Berger. Furniture in dialogue . Scheidegger & Spiess, Zurich 2018, ISBN 978-3-85881-615-3 , p. 318-323

   Note: see Wikipedia German profile of Ueli and Susi Berger for more information: https://de.wikipedia.org/wiki/Susi_und_Ueli_Berger

8. Americans for Public Trust: Complaint to Federal Elections Commission regarding Wyss Foundation. Filed May 15, 2021. Original URL: https://americansforpublictrust.org/document/wyss-complaint/. Archived URL: https://www.influencewatch.org/app/uploads/2021/05/Wyss-Foundation-FEC-Complaint-Americans-for-Public-Trust.-05.15.21.pdf
9. 52 USC 30101: Definitions. From Title 52-VOTING AND ELECTIONS. U.S. House of Representatives. Accessed May 17, 2021. https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section30101&num=0&edition=prelim
10. “Foreign nationals.” Federal Election Commission. June 23, 2017. Accessed May 17, 2021. https://www.fec.gov/updates/foreign-nationals/
11. “E-2 Treaty Investors.” U.S. Citizenship and Immigration Services. Accessed May 17, 2021. https://www.uscis.gov/working-in-the-united-states/temporary-workers/e-2-treaty-investors
12. Richard Pollock. “EXCLUSIVE: Foreign Clinton Donor Made Donations To US Campaigns.” The Daily Caller. Feb. 28, 2016. Accessed May 17, 2021. https://dailycaller.com/2016/02/28/exclusive-clintons-swiss-ally-gave-big-bucks-to-u-s-campaigns/
13. Schoffstall, Joe and Thomas Catenacci. “Liberal Swiss billionaire’s extensive nonprofit cash targeted ahead of 2024 election: ‘Needs to be stopped.’” Fox News, July 20, 2023. https://www.foxnews.com/politics/liberal-swiss-billionaires-extensive-nonprofit-cash-targeted-2024-election-needs-stopped
14. “Report: Foreign Influence in U.S. Elections.” Americans for Public Trust, July 10, 2023. https://americansforpublictrust.org/document/report-foreign-influence-in-u-s-elections/
15. “Report: Foreign Influence in U.S. Elections.” Americans for Public Trust, July 10, 2023. https://americansforpublictrust.org/document/report-foreign-influence-in-u-s-elections/
16. “Report: Foreign Influence in U.S. Elections.” Americans for Public Trust, July 10, 2023. https://americansforpublictrust.org/document/report-foreign-influence-in-u-s-elections/
17. Schoffstall, Joe and Thomas Catenacci. “Liberal Swiss billionaire’s extensive nonprofit cash targeted ahead of 2024 election: ‘Needs to be stopped.’” Fox News, July 20, 2023. https://www.foxnews.com/politics/liberal-swiss-billionaires-extensive-nonprofit-cash-targeted-2024-election-needs-stopped
18. “Report: Foreign Influence in U.S. Elections.” Americans for Public Trust, July 10, 2023. https://americansforpublictrust.org/document/report-foreign-influence-in-u-s-elections/
19. Hemingway, Mark. “The Progressive Benefactor Who Makes U.S. Barriers to Foreign Cash Look like Swiss Cheese.” RealClearInvestigations, August 22, 2023. https://www.realclearinvestigations.com/articles/2023/08/22/the_progressive_benefactor_who_makes_us_barriers_to_foreign_cash_look_like_swiss_cheese_973986.html.
20. Return of Foundation Exempt from Income Tax (Form 990-PF). Wyss Foundation. 2018. Part XVII (Transfers to Related Organizations).
21. Return of Organization Exempt from Income Tax (Form 990). Berger Action Fund/Wyss Action Fund (before 2016). 2007-2021. Part I: Lines 8, 12, 13, 22.
22. Return of Organization Exempt from Income Tax (Form 990). Berger/Wyss Action Fund. 2010-2020. Schedule I.
23. Kenneth P. Vogel, Katie Robertson. “Top Bidder for Tribune Newspapers Is an Influential Liberal Donor.” New York Times. April 13, 2021. Accessed April 14, 2021. https://www.nytimes.com/2021/04/13/business/media/wyss-tribune-company-buyer.html
24. Kenneth P. Vogel. “Swiss Billionaire Quietly Becomes Influential Force Among Democrats.” New York Times. May 3, 2021. https://www.nytimes.com/2021/05/03/us/politics/hansjorg-wyss-money-democrats.html
25. Ludwig, Hayden. “Swiss Billionaire Gave Millions to Eric Holder’s Partisan Gerrymandering Group.” Washington Free Beacon, May 5, 2021. https://freebeacon.com/democrats/swiss-billionaire-gave-millions-to-eric-holders-partisan-gerrymandering-group/?utm_source=actengage&utm_campaign=FreedomMail&utm_medium=email.
26. Slodysko, Brian. “Group Steers Swiss Billionaire’s Money to Liberal Causes.” AP NEWS. Associated Press, April 4, 2023. https://apnews.com/article/dark-money-democrats-wyss-politics-elections-601d40cd01569190559d545418afe396.
27. Return of Organization Exempt from Income Tax (Form 990). Berger/Wyss Action Fund. 2010-2021. Schedule I.

    Note: The following Form 990 filings for 2017, 2018, and 2019 were provided by Kenneth P. Vogel of the New York Times, and include Schedule I grant lists:

    2017 Form 990 (covers 4/1/17–3/31/18; Schedule I on page 23: https://www.documentcloud.org/documents/20695507-the-berger-action-funds-2017-tax-filing-shows-48m-donated-to-the-sixteen-thirty-fund

    2018 Form 990 (covers 4/1/18–3/31/19; Schedule I on page 21: https://www.documentcloud.org/documents/20695506-the-berger-action-funds-2018-tax-filing-shows-41m-donated-to-the-sixteen-thirty-fund

    2019 Form 990 (covers 4/1/19–3/31/20; Schedule I on page 15: https://www.documentcloud.org/documents/20695495-the-berger-action-funds-2019-tax-filing-shows-35m-donated-to-the-sixteen-thirty-fund