UPDATE January 24, 2015: THIRD OF FIVE LEGAL BILLS PAID
[We now have a NEW POST taking us up to May 1, 2015. This post will be retired from service.]
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. Read Alliance’s Claims and comment on our Alliance blog.
Chers amis et donateurs,
Ensemble, nous avons atteint notre but : ramasser les fonds nécessaires pour payer la troisième des cinq factures légales de notre poursuite judiciaire.
Ramasser 300 000 $ provenant de petits dons est un exploit tout à fait extraordinaire et nous invitons notre gouvernement canadien, ainsi que tous les autres gouvernements qui ont piétiné les droits de leurs citoyens, à en prendre bonne note.
Chaque jour, nous nous rapprochons de notre but. Déjà, nous avons ramassé plus de la moitié des fonds nécessaires pour payer les frais légaux de notre poursuite contre le gouvernement canadien et l’entente FATCA.
Si nous avons parcouru un si grand bout de chemin, c’est grâce à nos deux courageuses plaignantes, Ginny et Gwen, à nos donateurs provenant du Canada et de partout dans le monde, ainsi qu’aux administrateurs des sites Internet Isaac Brock Society et Maple Sandbox. Ils permettent tous à nos voix d’être entendues.
Merci !
L’équipe de l’ADSC
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Dear Friends and Supporters,
Together we have reached our goal of paying off the third of five retainer fees for our Canadian FATCA IGA lawsuit.
Raising $300,000 from small donations is a pretty amazing achievement and we ask the Government of Canada, and those other governments who have also tossed away rights of their citizens, to take notice.
It’s still a marathon, but we are more than half way to pay off the Federal Court legal costs.
We have come so far because of our brave Plaintiffs, Ginny and Gwen, our Canadian and International donor-supporters, and the administrators of the Isaac Brock and Maple Sandbox websites who make it possible for our voices to be heard.
Thank you all,
—The ADCS-ADSC team
@ Blaze
Here’s Part Two …
http://taxconnections.com/taxblog/is-the-justification-for-the-united-states-system-of-worldwide-taxation-a-hoax-part-ii/#.VK1qZskwiSo
It made me dizzy reading it.
I am no fan of Boris, but an ambitious person like him has little choice but to pay up. It is either that or give up his public career, as the kind of thing he does requires him to travel to Wall Street and Washington. He is partly author of his own problems, since he chooses to retain his US citizenship and carry a US passport. Too bad we lost a poster boy.
I would hope that once all the money is raised for this lawsuit, we immediately start raising money for a challenge against CBT. Maybe we don’t do it by ourselves. Maybe our esteemed leaders from ADSC can connect with other expat groups and we all fund raise together to hire a lawyer (Bopp, or someone like him). I think a world wide fundraising effort against CBT would raise money MUCH faster then our FACTA court action because it would get a lot more attention in the media. As I previously stated, there is a chance we may lose our case in Canadian court. We should open up a second front on this fight. CBT is the issue. Even if we win the FACTA court action, that will just delay things, the American government will find another tool to try and enforce CBT.
@Phil,
Yes, our immediate goal is to make the Feb 1 retainer payment but, as I have said before on this site, ADCS is very seriously considering a U.S. CBT lawsuit. This could only happen if somehow we could could raise the money in a way in which our Canadian FATCA IGA lawsuit funding would not be compromised — this would not be an easy task. Perhaps a few deep-pocketed donors could be found to fund this. Finding an enthusiastic attorney is not an issue — money is the problem. Also, I have not given up on the legislation approach conducted in parallel, in which I expect help from Republicans Overseas and, I hope, some members from the Senate Finance Committee.
You may consider FATCA to be a secondary problem, but it has to be killed.
@ Stephen Kish: “The small donations are really adding up.”
So glad to hear this . . . that our small donations are making a difference! (We are putting kids through university, plus some repairs can’t be put off.)
RE: the article on Boris Johnson I wonder if the quote “settled his bill” means that he given a choice to settle his tax bill for a lesser amount now or else pay steep penalties later. The article does say he won’t say any more on the matter, which does sound like if he doesn’t keep his mouth shut, he will be penalized. But I’m sure he “settled his bill” grudgingly, probably as a step in getting rid of U.S. citizenship. To me, his silence speaks volumes.
Hi Stephen, thank you for the reply. I agree with you 100%. If you notice in my post, I mentioned that we should start raising money for a CBT challenge once we are finished raising all the funds for the FACTA court case. That came first and should be finished before we start funding for a second court case. As I mentioned, I think if we (ADCS) supporters align with other reputable Americans abroad organizations after the FACTA funding is complete, the CBT lawsuit fundraising would be a lot easier because it wouldn’t be viewed as a just a Canadian court case. Once word spread about a possible CBT challenge, money would roll in from around the globe in my opinion. Thanks for all the work you and the others do.
@Phil, Read the ADCS claim – link above under Alliance’s Claims. You will see it addresses harms of US CBT that will be discussed in court proceedings. This case will only help the eventual one against CBT.
While I would like to see other legal actions it is best one at a time to ensure funding. Other court cases I would like to see:
*Against the Canadian government for agreeing to CBT through its tax treaty.
*Class action by family members of USP (thinking nonUS citizens here), against the US, damaged by CBT through impairment of financial planning and estate planning of the family financial and social unit.
*Class action by US citizens abroad against the US for damages related to CBT and resulting impairment of liberty and the pursuit of happiness.
I know Stephen has said previously that he was not out for damages. But maybe damages may help fund other legal action.
Phil: I totally agree with a “multiple front” attack on CBT. The current ADCS attack on FATCA here in Canada is the first engagement of this war. It looks as though the Bopp lawsuit in the States will be the second. In addition to legal actions a Human Rights Complaint has been submitted to the United Nations (see the sidebar up at the top) and we are awaiting news of its progress. The Complaint is first and foremost a complaint against CBT. Recently, I posted an invitation to European residents/citizens to begin the process of an HR complaint to the EU. We’ll see what develops. In short, what you are hoping will happen has already begun.
$150 per day! What a wonderful come down from those $1,500 (plus) per day days. I actually thought this would come right down to the wire but with continued donations and good luck we may go into the next period with a bit of a cushion. (We had a $10,000 cushion on November 1st.) Well done, everyone !!!
@ supporter who wrote “What keeps me awake at night?”
We hear you and your message joins the ethereal echoes of our similar thoughts.
Wow, I just wiggled my nose, blinked my eyes and took Lucy the Lab for a walk — and the magic of the generosity of ADCS-ADSC donors has resulted. I’m glad Gwen was right in what she said to you, Stephen, but we can never take that for granted – so thanks to you for the hard task of spurring us on. Thanks so much you wonderful donors! Another deadline will be met.
We all especially relate to:
Thank you Samantha411 and knowing labs (I grew up with one) I’ll bet Lucy’s tailwags helped a bit too. 🙂 I just came back from a mild winter’s day walk and since I’d read the update before I went out I had a smile on my face and a spring in my step. Of course we know it’s not magic. Reaching the third of our five plateaus is a result of being dedicated to a just cause, having empathy for our plaintiffs and in many cases being willing to do with less in order to get this case to court. And I would add that it has taken the extraordinary effort of the ADCS team to prompt us all to keep pushing the ball up the hill.
The only thing that has saved my soul is all of you. Watching our version of the FATCA finger fill to the top, maybe overflow into our next payment, actually makes me tearful. Thank you all so very much.
JR Ewing would say”Good good” 🙂
I’ve donated a bit and am glad that we’ve all made it to febuary payment
Definitely will donate again for the next payment deadline if this pulls through
I’ve heard of the project of a Europeen lawsuit against FATCA
I’m in France so keep me informed, I’ll definitely join it with French parlement deputy Frederic Lefebvre who is fighting against the French IGA agreement.
Bravo to all
Many thanks are to go to everyone of us who have contributed from near and far. Most especial thanks go to those like Stephen, Gwen, Blaze, Badger, Calgary411, Embee, et al.
We are ALL Ginny and Gwen. I want to cry ( heck, I DO cry) every time Stephen tells us of his trips to the post office and how he is feeling about it all.
I appreciate all these efforts so very much. It IS soul saving and God only knows how much it all means to us all.
Oh great thanks to those who are whittling this installment down to zero – and filling up the ADCS legal challenge thermometer to the boiling point!
IF you need your blood to boil in order to donate, consider the conflict of interests inherent in the Canadian Banksters urging the Conservatives to sign and implement the FATCA IGA, all the while thinking more about their own expansionist plans into the US – at the expense of the best interests of Canadian taxpayers:
http://www.thestar.com/business/2015/01/22/rbc-buys-us-bank-for-54-billion-us.html
‘RBC buys U.S. bank for $5.4 billion U.S.’
“……Royal Bank of Canada plans to boost its services for wealthy clients by paying about $5.4 billion in cash and stock to buy U.S.-based City National.
The takeover marks an expansion into U.S. private and commercial banking under David McKay, who took over as chief executive officer in August……”
“The City National deal fuels expansion in a “country which we view as our second home market,” McKay, 51, said in the statement. “City National serves high-net-worth and commercial-client segments in select high-growth markets, and represents a unique opportunity to complement and enhance our existing U.S. businesses.””
A Canadian BANKSTER says that he/RBC VIEWS the US as “OUR SECOND HOME”.
Says it all.
Canadian accountholders and taxpayers and citizens and residents are mere impediments to Canadian banks with their eyes on the US market.
We are directly subsidizing their expansionist plans through our Canadian taxpayer dollars – pissed away on CRA implementation of FATCA, and to have our own government abrogate our Charter and Constitutional rights – and use our taxes to pay for the pleasure.
Don’t tell me that banks in Canada were only concerned about the withholding under FATCA as Canadian businesses. They see us as inconvenient obstacles to their profits in terms of their expansion of actual US presence.
In that way, it is the Canadian banks who have actual US presence and substantial US economic nexus, not us. We only had a US birthplace or a US parent – both of which are NOT economic or taxable events.
Ironically, the actions and US presence of the CBA and their kin who lobbied behind our backs for Canada to sign on to FATCA and turn Canadians over to the IRS (and not oppose US laws as they opposed Volcker and Dodd Frank) – these Canadian businesses have a far greater US nexus than most of us ever did.
Stephen, you must be giddy with delight every time you update this post.
I predict some donating fingers are going to burst that thermometer before it’s midnight on the West Coast of Canada and we’ll step up to the next higher rung of the ladder. Joseph Arvay and team are waiting for those documents to be provided. While we wait, we can re-read badger’s words…
Our thanks to EmBee and another of her (too many!) special donations for kick-starting this campaign back to firing on all cylinders.
That thermometer is boiling hot.
i will add to Badger’s efforts to make your blood boil. TD is proudly America’s Most Convenient Bank. Note the two America flags flying over a TD Branch on their website. I don`t ever remember seeing a Canadian flag flying over a Canada Trust or TD Canada Trust branch in the 34 years I was a customer.
http://www.tdcanadatrust.com/products-services/banking/cross-border-banking/index.jsp?cm_sp=cCROSS001-306
http://m.tdbank.com/
meanwhile, somewhere in Canada…
will help us remember why we are donating for the same rights as any other Canadian under Canadian laws, including the Charter of Rights and Freedoms — no matter their national origin or that of their parent(s).
I am so proud to be part of such an amazing and determined group of people. Thanks to everyone from ‘everywhere’. We are strong, hear us roar.
That TD bank was in Copper Cliff. Now closed. They needed to downsize in Sudbury so they could expand in the excited states.
These are my emotions what is left on the current installment is what I often carry in my wallet (but I have donated much).
GO ADCS-ADSC @!&*%$# (Sorry I live near Seattle).
@ calgary 411…. not sure if your jpb picture of a bank in Canada with separate entrance for US persons is a joke or not? if it is not please give instrutions on how we can find this picture. Whether or not it is a joke, this picture to me will be more powerful than 1,000 words to spread the message and I will use it . it made me both cold and hot.
thank you always for your efforts. like others I get tearful when i see what ADCS is achieving (s;p?). I wait for the day when we in Europe can get our own lawsuits off the ground to the ECHR.
It will be interesting to see if TD America flies in the States. Americans didn’t take too much to Tim Horton’s and that was all about coffee. When it’s all about money, well that’s another story.