Bopp FATCA Case Update: Plaintiff’s Opposition to Government’s Motion to Dismiss

This just out from Republicans Overseas:

Yesterday [29.12.2015] Mr. Bopp filed his 36-page Plaintiffs’ Memorandum in Opposition to Defendants’ Motion to Dismiss in the US District Court for the Southern District of Ohio. DOJ lawyers asked Judge Rose to dismiss our lawsuit.

Mr. Bopp argued the lawsuit is justiciable for three reasons: plaintiffs have standing, the Anti-Injunction Act does not bar plaintiffs’ claims, and plaintiffs Eight Amendment claims are ripe for adjudication.

Mr. Bopp further argued plaintiffs should be granted relief requested based on their claims for four reasons: the IGAs are unconstitutional sole executive agreements, reporting requirements violate equal protection for Americans living abroad, the challenged penalties violate the Excessive Fines Clause, and reporting requirements violate the Fourth Amendment.

Now we are waiting for Judge Rose’s ruling not only on this matter, but also on Plaintiffs’ Motion for Leave Amend Complaint. We expect both rulings will be handed down in 2016. This only means our fight to defend 8.7 million overseas Americans’ constitutional rights continues. Happy New Year!

Republicans Overseas Facebook Link (Thanks to Keith Redmond): Mr. Bopp filed his 36-page Plaintiffs’ Memorandum in Opposition to Defendants’ Motion to Dismiss in the US District Court for the Southern District of Ohio

The entire pleading may be downloaded here: Plaintiffs’ Memorandum in Opposition to Defendants’ Motion to Dismiss

Isaac Brock Society post on same: Bopp FATCA Case Update: Plaintiff’s Opposition to Government’s Motion to Dismiss

Related IBS posts about the “Bopp” lawsuit:
Judge Rose denies plaintiffs application for injunction in the Bopp FATCA Legal Action Lawsuit.

Finally the Bopp suit has arrived

While some Homelanders have a private tax system – USA imposes FATCA and CookvTait on #Americansabroad

Cross posted from the RenouceUScitizenship blog.

A FATCA fairy tale …

A “Bed Time story” explaining why FATCA does not matter in the least for those it was supposedly intended to target!

Once upon a time in America –
There were some homelanders who didn’t pay their fair share!

Most of the taxes were paid by higher income earning homelanders!

Unless you were a “super wealthy” homelander in which case you could create your own special tax system and pay the lowest taxes of all!

Which created many revenue shortfalls.  So Congress passed laws to benefit Homelanders and forced Americans abroad to pay for those benefits, by including “Revenue Offsets” in those laws.


The President asked:

“Mirror, Mirror on the wall.  What’s the greatest “Revenue Offset” of them all?”

The Face In The Mirror Answered:
The greatest “Revenue Offset of Them All” is FATCA. FATCA is the “gift that just keeps on giving”.

And the President signed FATCA and  sent the IRS to hunt Americans abroad with the greatest “Revenue Offset Provision Of Them All”

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It’s Beginning To Look A Lot Like FATCA

It’s beginning to look a lot like FATCA
Everywhere we go
Take a look in the Liberal Den
Betrayed us once again
‘Cuz Trudeau won’t say no.
FATCA Looking Glass

It’s beginning to look a lot like FATCA
What do banks have in store?
For the ugliest sight to see
Is when FATCA will be
On our own front door.

It’s beginning to look a lot like FATCA
Everywhere we go
We must ask our PM when
Will he defend Ginny and Gwen
And tell his new best friend
The US Pres
FATCA must end

It’s beginning to look a lot like FATCA
Soon reporting will start
And the thing that will make them sting
Is lawsuit we will bring
Right from our glowing hearts.

Disclaimer: Embee would have done a much better job than I did! I can`t carry a tune and I`m not a poet

We need Witnesses for Canadian Charter Trial willing to file affidavits and go public

We want to move quickly on the Charter trial and are now seeking Witnesses.

Witnesses will provide affidavits describing the harm caused to them by the FATCA IGA enabling legislation and will, like Plaintiffs Ginny and Gwen, disclose their names publicly.

If you believe that you have the characteristics of a Canadian who has been somehow harmed by this FATCA legislation, are interested in helping out by becoming a Witness in our lawsuit, and are willing to have your affidavit statements and name go public, send me an email through our ADCS site.

If you are NOT willing to disclose your name publicly, please do not contact me about becoming a Witness.

usxcanada cautions: “The witness tactic amounts to sporting a bright red coat, standing upright in daylight, and properly lockstepping toward hostile muskets.” I don’t agree with the word “lockstepping” because it is unlikely that we will ever attract a sufficient body of Canadian Witnesses necessary to march together in close file — but the key point is correct — you need to assume that your Witness affidavit and name when made public will find its way to the U.S. IRS and to unpleasant people who will insist that you are not paying your fair share.

Without limiting ourselves to this category, we are especially seeking IRS non-compliant Canadians who have a reportable account, are likely to be turned over by their bank to CRA/IRS because they have a U.S. taint or have already been turned over, and because of their situation, would suffer significant harm (financial and other) if they decided to enter the United States IRS system. For example consider the situation of innocent Tina.

You might have a US taint and own a personal banking account or be responsible for a company, entity, or executor account. Perhaps you have have suffered medical or financial harm, or have had to change, with much difficulty, your behaviour (e.g., divorce, removal of name as Director or as signing authority on account) so as not to harm others in your family or company. You might be responsible as a guardian for a US person who has no possibility of escape. Chances are that most of you with U.S. taint reading this post are IRS non-compliant and refuse to become compliant to a foreign government, notwithstanding FATCA, a PR exercise of the U.S. IRS. The list of possible harms is endless.

We do not want to proceed with the Charter trial without the Witnesses we feel will give us the best chance of success in Federal Court.

We hope that out of the 1,000,000 plus Canadians affected by the FATCA IGA enabling legislation we are contesting — a handful, like Ginny and Gwen, will come forward, take that risk, and go public as Witnesses in our litigation.

Yes, we have a new Liberal Government, but that Canadian FATCA compliance law is still on the books.

It would really be a shame if our litigation were compromised because we could not find a few brave Canadians willing to confront publicly the Government that promises to do them harm.

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Here We Go Again

Here we go again. People who write to the Minister of Justice are being referred to the Minister of Finance.

So are letters to the Minister of National Revenue. Here is a reply received by one individual (forwarded to me with that person’s consent to post)

December 1 2015

Dear XXX

On behalf of the Honourable Diane Lebouthillier, Minister of National Revenue, I thank you for your correspondence of November 14, 2015.

I assure you that the concerns expressed have been carefully considered. The Canada Revenue Agency administer the tax system and applies the current tax legislation. The Department of Finance Canada develops federal tax policy and amends the legislation. I am therefore sending a copy of your correspondence to the Honourable Bill Morneau, Minister of Finance, for consideration.

Again, thank you for having taken the time to write.

Yours sincerely,
Petra Vidican
Director
Executive Correspondence and Language Services Division

I wrote to the Minister of Finance (and several other Cabinet Ministers) on November 10. I called Mr. Morneau’s Parliamentary Office today. They referred me to the Ministry of Finance Call Centre. It seems to be impossible to speak to a real person there, so I left a voice mail.

This feels like deja vu.