New York Attorney General Addresses Sweeney’s America’s Cup Complaint

The New York Attorney General’s office has assigned case number 26-020937 to the case of John Donnelly Sweeney, et al., as plaintiff v. the Royal New Zealand Yacht Squadron, et al., as defendant: Sweeney v RNZYS Verified Complaint 26-020937

In a letter to the AG’s office, Sweeney explains what he’s asking the Attorney General’s office to clarify:

Dear Jim,

I am writing to transmit the final Verified Complaint in Sweeney v. Royal New Zealand Yacht Squadron, which I hope will serve as a useful roadmap as the Charities Bureau continues its review under File No. 26-020937.

This complaint reflects everything we have discussed. I have incorporated our correspondence throughout — it directly informs the legal framework set out in the Prefatory Statement and the four Counts, and supports the threshold question of which Deed of Gift governs.

The core of the case is straightforward: The America’s Cup is a New York charitable trust. The only instrument properly filed with the New York Supreme Court is the First Deed of July 8, 1857. The only valid amendments are the 1956 and 1985 court orders — both made by petition with Attorney General consent. Everything the current trustee, RNZYS, has done since 2017 — selling hosting to Barcelona and Naples, racing AC75 foiling boats that cannot be measured under any version of the Deed, and building a for-profit commercial consortium without court authorization — falls entirely outside those boundaries.

The relief I am seeking is straightforward as well, and I have laid it out in full in the Prayer for Relief. The Bureau’s next step is its choice: The AG may commence its own enforcement action, or authorize me in writing to proceed as relator. Either path restores the trust. I am ready to support whichever course the Bureau determines is appropriate.

Please let me know if you need anything further from me — additional exhibits, supplemental briefing, or a call to walk through the complaint. I remain available at your convenience. I trust you have reviewed your own powers and hopefully [no] lawsuits need to be filed.

Respectfully,
John Sweeney

On a separate note: The foiling Louis Vuitton 38th America’s Cup is kicking off with the first Preliminary Regatta being held in Sardinia in two months’ time. Eight of the foiling AC40s will be competing, consisting of two teams from Emirates Team New Zealand, GB1 and Luna Rossa, who will all field one AC40 made up of women and youth sailors in an equal 50/50 split. Tudor Team Alinghi and La Roche-Posay Racing Team will field only one yacht per team.