$75,427 more needed to make the February 1 2015 payment for Canadian FATCA IGA lawsuit/ Il nous reste 75 427 $ à ramasser pour notre poursuite judiciaire

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On August 11, 2014, Constitutional Litigator Joseph Arvay filed a FATCA IGA lawsuit in Canada Federal Court on behalf of Plaintiffs Ginny and Gwen, the Alliance for the Defence of Canadian Sovereignty (en français), and all peoples worldwide who oppose FATCA.

Read Alliance’s Claims, Government’s “Statement of Defence”, and REPLY. Go to Alliance blog.

Our legal bills are approximately $1000/day.

UPDATE November 26, 2014

We need $75,427 MORE IN 65 DAYS to make the February 1 2015 payment for Ginny and Gwen’s Canadian FATCA IGA lawsuit.

DONATE to www.adcs-adsc.ca (ADSC en français).

[Thanks to today's generous repeat and new Ontario and Quebec donors .]

Since June 1, 2014 you raised $200,000 of the $500,000 legal fees cost for the first two of five retainers. Thank you for making this achievement. The next $100,000 bill (the third retainer) comes due February 1, 2015.

— Avec le temps des Fêtes qui approche, on comprend que votre budget soit plus serré. Mais, s’il vous plaît, pensez tout de même à offrir 25 $ ou plus à l’ADSC pour notre poursuite judiciaire.

Please donate today so that Ginny and Gwen’s lawsuit can continue.

DONATE to www.adcs-adsc.ca (ADSC en français). Ne laissons pas notre adversaire gagner.

— FORBES PUBLISHES Plaintiff Ginny’s advice to the Mayor of London:

Boris Johnson

To The Right Honorable Boris Johnson, Mayor of the City of London

Dear Mayor Johnson:

My most heartfelt support in your quest to fight the unjust assessment of IRS taxes.

Yes, Mr. Mayor, I know just how you feel. The reports—including this article in Forbes—seems incorrect about how much you might owe the IRS. There could be considerably more at stake than merely U.S. capital gain tax on your house.

Consider fines, exit fees and hefty penalties for failure to file income tax returns. Like many other quasi-Americans, you may not have known about any of this until recently. That’s understandable, because the IRS never informed anyone or published their regulations in any way the public would see.

The USA is the only country in the WORLD that taxes citizenship, rather than residence. America needs tax dollars to fund its deficit. So the IRS is going after every person they consider American in every country.

Like you, many people who once lived in the USA had no choice where they were born, and never considered themselves U.S. citizens. You are British and have no ties to the USA. I know that feeling.

However, to date there are only two people in the world, my co-plaintiff and I, who are taking on this issue in court in our home country as Canadian citizens.

Canada entered into an agreement with the USA which turns over our banking information to the U.S. The U.K. signed a similar intergovernmental agreement, so you might consider launching your own legal protest in the U.K. on behalf of people like you. I bet that might be an interesting political move for you, considering that the USA went to war with England over offshore taxing in the ‘real’ Tea Party Revolution.

I assume you know your history and see the irony. You have political cache that I don’t. It’s not easy and it sure is expensive. But principles and access to justice are very important. Your mentor, Mr. Churchill would no doubt be proud of you if you took on this issue in earnest.

All the best, Mr. Mayor!

Ginny Hillis
Windsor Ontario, Canada”

—In this article we can easily imagine these DOJ and IRS people drooling buckets.  [It is written by Deblis & Deblis --- a "boutique litigation" firm that specializes in providing "High stakes tax defense and complex criminal defense" for Canadian pensioners like your mom who do not file FBARS on time]: 

“As I reported in a previous article, the Department of Justice (DOJ) and the IRS instantly began to drool in anticipation when The Foreign Account Tax Compliance Act was passed in March of 2010. This gives them enforcement tools to make foreign countries and banking institutions play by our rules whether they like it or not.

The Department of Justice has gone even further thinking it has been given the power to make foreign treaties without the constitutionally required Senate ratification. The Senate so far doesn’t seem to mind, but some other countries and taxpayers are taking offense…”

Like most hurricanes, laws, and wars there is bound to be collateral damage.  In this case it is the average American citizen living abroad.  Note I did not say overseas or offshores.  Many of these fine folks live in Canada [!]…

The Alliance wants to deal a lethal blow to the FATCA enforcement tool.  Please donate today to Ginny and Gwen’s lawsuit.

DONATE to www.adcs-adsc.ca (ADSC en français).

Continue reading

ADCS Asks Democrats Abroad to Correct Misinformation

In a recent e-mail to Brazil Democrats Abroad, Regional Vice Chair – Americas and Vice-Chair Democrats Abroad Canada conveyed some glaring inaccurate information about the Canadian lawsuit.

Adrienne Jones to Democrats Brazil

That misinformation was:

Republicans Overseas “have exploited the fear of FATCA to the nth degree to target their Repeal FATCA ’cause’ and their proposed suit, get this, against the Canadian government for signing the compliance agreement (Intergovernmental Agreement)

On November 19, ADCS sent a letter to Debbie Wasserman Schultz, Chair of Democratic National Committee asking for a correction to the information. Here is the content of the letter:

November 19, 2014

Debbie Wasserman Schultz
Chair,
Democratic National Committee

Dear Ms. Schulz,

It has been brought to the attention of the Alliance for the Defence of Canadian Sovereignty (ADCS) Directors that Adrienne Jones, DPCA Americas Region Vice-Chair and Democrats Abroad Canada Vice-Chair, has communicated incorrect information regarding our Canadian lawsuit on the constitutionality and legality of the Canadian legislation enabling the Foreign Account Tax Compliance Act (FATCA) Intergovernmental Agreement.

In her letter to David Ferrell and possibly to others, Ms. Jones stated:

Republicans Overseas “have exploited the fear of FATCA to the nth degree to target their Repeal FATCA ’cause’ and their proposed suit, get this, against the Canadian government for signing the compliance agreement (Intergovernmental Agreement).

We advise you that Republicans Overseas and the Republican party have no connection to our Canadian lawsuit nor have they provided any financial support to the lawsuit.

Please read a copy of the Claims (which we hope you and Democrats Abroad will support) filed in Canada Federal Court at: https://adcsovereignty.files.wordpress.com/2014/10/hillis-filed-amended-statement-of-claim-to-the-defendants.pdf

The plaintiffs of our lawsuit are two brave Canadian women who were born in the United States, but came to Canada at the age of five and have lived their lives since then only as Canadian citizens. The lawsuit is being funded only through donations to ADCS, a Canadian non-profit corporation, from Canadians and international friends from Australia to Vatican City.

Our lawsuit is the first legal challenge to FATCA in the world.

We also confirm that the ADCS Directors fully and enthusiastically support the Republicans Overseas planned lawsuit in the United States, but we are not involved in that litigation.

As Democrats Abroad are now fully aware of the devastating impact FATCA has on honest law-abiding people around the world, we hope that your organization will join with Republicans Overseas and with our Canadian group to defeat FATCA.

We suspect that Ms. Jones was confused regarding the lawsuit. However, ADCS respectfully asks that you, on behalf of Democrats Abroad, correct publicly the misinformation that Republicans Overseas has initiated a Canadian lawsuit, and that you take steps to ensure that Democrats Abroad will now work cooperatively, and in a non-partisan manner, with Republicans Overseas and ADCS to defeat the entirety of FATCA.

I will ask Michael DeSombre of Republicans Overseas to post this letter on the Republicans Overseas website and ask that you kindly post the letter on the website for Democrats Abroad. Thank you for doing this.

A reply would be appreciated.

Sincerely.

Stephen Kish, ADCS Chair
John Richardson, Co-Chair
Patricia Moon, Treasurer
Carol Tapanila, Director
Lynne Swanson, Chair, Litigation Committee

Toronto, Canada

CC:

Adrienne Jones, DPCA Americas Region Vice-Chair and Democrats Abroad Canada Vice-Chair
Sharon Manitta, DPCA Communications Director for Press
Michael DeSombre, President, Republicans Overseas

There have been e-mails exchanged since then between Stephen and Ms. Jones. There has been no correction.

Republicans Overseas posted this on their Facebook page.

One More Reason To Fight FATCA: CRA Privacy Breach

Yikes! This is exactly the kind of thing we have predicted for FATCA.

CBC is reporting a privacy breach leaks tax details of prominent Canadians.

Murray Rankin says:

“They were warned…Here we go again.”

And An Ottawa lawyer specializing in privacy law called the latest breach “very, very serious,” among the worst he has seen in 30 years.

“I don’t remember a case when CRA lost control over such information,” Michel Drapeau said in an interview.

Just imagine what could happen with a leak of far more detailed information about us. Then, think about that information falling into the hands of fraudsters–or worse.

One more reason to keep fighting FATCA–and keep donating to ADCS.

Ginny Writes to London Mayor Boris Johnson. Help Stop FATCA with ADCS.

November 22, 2014

Boris Johnson
Mayor of London
Greater London Authority
City Hall
The Queen’s Walk
London SE1 2AA

Dear Mr. Johnson:

RE: IRS

Yes, Boris Johnson I know just how you feel.

But the article is incorrect about the amount for the cut off and you would owe a lot more than just the capital gains on your house. Fines and exit fees could amount to hefty penalties for failure to file income reports when you, like a lot of of us, didn’t know about these until recently. Because the IRS never informed anyone or published their regulations in any way that the public would see.

The USA is the only country in the WORLD that taxes by citizenship, rather than residence. They need $$$ to fund their deficit and they are now going after every person in every country that they consider American. Like you, many people who lived in the USA for a few years or more who had no choice where they were born, never have considered themselves US citizens. You are a British citizen clearly. You have no ties to the USA. I know that feeling too.

However, to date there are only two people in the world, my co- plaintiff and I who are taking on this issue (in our true home country Canada, as full Canadian citizens, in our courts) because Canada entered into an agreement with the USA which turns over our banking information via our CRA. Just as the UK has done by entering into a similar intergovernmental agreement. As you are now finding out. I am not saying that to toot my own horn. I am saying it so that you might consider another option.

You might consider launching your own legal protest in the UK on behalf of people there like you, that the USA deems to be tax invaders. I bet that might be an interesting political launching pad for you, considering the USA went to war with the UK over off shore taxing in the first place. As in the ‘real’ Tea Party Revolution. I assume you well know your history? And that you see the irony?

And you have political cache that I don’t.

It’s not easy and it sure is expensive. But principles and access to justice are very important things to stand up for, in my opinion. Your mentor, Mr. Churchill would no doubt be proud of you if you did.

All the best, Boris.

Ginny Hillis,
Windsor Ontario, Canada

[Plaintiff in Canadian FATCA IGA lawsuit against Government of Canada]

Horrible, Terrible Day with IRS and FATCA

Robert W Wood at Forbes is reporting on Mayor Boris Johnson’s Terrible, Horrble, Terrible very Bad Day as an American. He suggests Mayor Johnson’s next book should be about the plight of U.S. citizens abroad.

That book could help Canada’s $1 million dollar baby who was born in Hawaii when her mother went into premature labour and gave birth nine weeks early. With everything the family is dealing with, I certainly do not want to add to their stresses by telling them what a U.S. place of birth means for little Reece as she grows up.

Patric Cain has reported on a Canadian man who went to Mexico to renounce his unwanted U.S. citizenship.

According to Patric`s article, there may be a court hearing of our lawsuit early in the new year. Help make that day a good day. Donate to ADCS now.