Read the FATCA Lawsuit Claim

On behalf of the millions of us affected by FATCA, and by our Canadian government’s betrayal of our rights, the very brave Virginia Hillis and Gwendolyn Deegan have filed the lawsuit that we are hoping will force our government to protect our rights as Canadian citizens and residents.
It’s been quite newsworthy that these two women had the gumption to take on our government, and that two very renowned lawyers, Joe Arvay and David Gruber (of Farris LLP) have been retained.

7 thoughts on “Read the FATCA Lawsuit Claim

  1. @Lynne
    There is another interesting article in Forbes today. Robert Wood says of the Canadian lawsuit:

    “Still, Canadians recently Filed Suit To Block FATCA And Prohibit Handover Of U.S. Names To IRS. The suit claims the Inter-Governmental Agreement under which Canada can turn over private bank account information is illegal. The legal claim challenges the constitutionality of the agreement the Canadian government struck with the United States.”

    This from his article today which emphasizes FATCA’s worldwide effect:

    http://www.forbes.com/sites/robertwood/2014/08/19/ten-facts-about-fatca-americas-manifest-destiny-law-changing-banking-worldwide/

    I have not seen anything about legal actions in other countries against FATCA either except this from Forbes today about US Republicans:

    “Forget Repeal or Dismantling FATCA. Republicans have mounted a lackluster repeal effort, but there’s no serious push to repeal FATCA. At least not one that’s getting traction.”

    Interesting that the only lawsuit against FATCA so far is Canadian. Hopefully Republicans overseas will do something.

  2. that article was written by julius melnitzer, the former prominent london ontario lawyer who defrauded canadian banks of 67 million dollars–the largest bank fraud in canadian history.

    he has written numerous articles supporting fatca. he has also used berg as a source in the past. they seem 2 b fatca comrades.

    i am not aware of lawsuits in other countries. james jatras believes if the canadian one succeeds, it will spell the end of fatca worldwide. that is y it is important people from other countries support us.

    there is a lawsuit planned 4 the u.s. by republicans overseas to challenge the constitutionality of fatca.

  3. @OutragedCanadian
    Good point bringing this up. This point of view…that the lawsuit will make things worse if successful, has been noted before.
    But I couldn’t disagree more. I think this lawsuit is one step on the road to disarming FATCA and the overreach of the US.
    If the lawsuit is successful, the Canadian government would need to find a better way to deal with the problem. Perhaps economic sanctions against the US? After all isn’t that what the United States is doing to Canada and the rest of the world – imposing economic sanctions if other countries don’t impose US law on their own citizens?
    It seems that Canada is the only country with a lawsuit and human rights complaint pending. Does anyone know if there are similar legal actions taking place in other countries to stop the US FATCA monstrosity?

  4. the sweetest one of all is the one in calgary herald–because that is harper’s riding–and right in the heart of con country.

    they call the government response 2 fatca appallingly wimpy. they also say the federal government–i.e. the cons without actually saying that-refused 2 stand up 4 canadian citizens and that the federal court must do so.

    i hope harper read that.

  5. I did a quick search this morning, and see that the story has been reported in:

    The Wall Street Journal : http://online.wsj.com/articles/expats-in-canada-sue-over-u-s-effort-to-collect-taxes-abroad-1407856738

    CBC: http://www.cbc.ca/news/business/virginia-hillis-gwendolyn-deegan-sue-ottawa-over-new-fatca-tax-rules-1.2735139

    The Leader-Post (Regina): http://www.leaderpost.com/news/persons+living+Canada+fear+FATCA/10120360/story.html

    Accounting Today: http://www.accountingtoday.com/news/legal-watch/canadian-group-sues-government-to-stop-fatca-71660-1.html

    Accounting Web: http://www.accountingweb.com/article/bramwell%E2%80%99s-lunch-beat-canadian-government-sued-over-fatca-deal-us/223731

    Forbes: http://www.accountingweb.com/article/bramwell%E2%80%99s-lunch-beat-canadian-government-sued-over-fatca-deal-us/223731

    FInancial Post: http://business.financialpost.com/2014/08/12/canadian-government-faces-constitutional-challenge-over-fatca-deal/

    Global News: http://globalnews.ca/news/1504452/dual-citizens-sue-feds-over-fatca-deal-letting-banks-pass-info-to-irs/

    Huffington Post: http://www.huffingtonpost.ca/2014/08/13/fatca-lawsuit-canada_n_5673942.html

    The Star: http://www.thestar.com/business/2014/08/13/canadians_born_in_us_sue_ottawa_over_tax_fraud_law.html

    Globe and Mail: http://www.theglobeandmail.com/news/politics/dual-citizens-launch-legal-challenge-on-canada-us-tax-deal/article20007176/

    Cayman 27 (news): http://www.cayman27.com.ky/2014/08/12/lawsuit-claims-fatca-unconstitutional

    Politico.com: http://www.politico.com/morningtax/0814/morningtax14988.html

    Calgary Herald: http://www2.canada.com/calgaryherald/iphone/news/latest/story.html?id=10120360

    I’ll stop there, but it’s also covered by many blogs and websites.

Leave a Reply

Your email address will not be published. Required fields are marked *

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <strike> <strong>

Optionally add an image (JPEG only)