12 January 2022
UPDATE February 13, 2016
I have finally decided on a new name for this post, which will not continue on this thread but as a new post:
I have not been updating this post as regularly as I intended. I have two items for you to think about today. One is a comment from a psychologist; I think it is extremely important to hear from a professional, as to how this entire situation can affect the well-being of one caught up in it. The comment was made in the context of the 2 meetings that were organized to offer people a chance to talk openly without any fear of being exposed; June 15, 2013 & March 29, 2014 (which Dr. Young was scheduled for but missed due to illness). The second item is an actual obituary for “J” for whom you will now see his actual name. I have been reluctant to post it but it has to come out eventually. I would expect ALL to respect the privacy of his family in Sweden.
One last thing for today. Many have commented as to how they cannot understand (or even don’t believe this story because of this) how a father could do such a thing with two young children. I suspect those who outright disbelieve it do not actually have children. Any honest parent will admit to the difficulty of the constant sacrifice required and how sometimes it simply is too much. Parents are not saints and they suffer the same myriad of issues as anyone else. And it is common knowledge in the counselling world that people who commit suicide feel extreme guilt at being the source of a problem, so the solution, in order to protect, is to take themselves out of the equation. No one would question a parent putting themself in front of a car to protect a child (even one who wasn’t their own). On a certain level, it is exactly the same thing. Life is not neat and tidy and clear sometimes.
All of the emphases are mine:
In the words of Dr. Donald Young
For those U.S citizens who have elected to live abroad, be it in Canada or elsewhere, American tax policy can place such individuals in a position that engenders constant and severe emotional stress. The vindictiveness of the U.S. position, its unfairness and irrationality, the fact that neither the U.S. government nor tax and legal experts even know the rules and how to rationally proceed, and the constant threat of economic calamity are all factors that can be emotionally devastating. From my observations over the years in people ensnared in this situation, and I would count myself among us, it is common to experience substantial anxiety, depression, feelings of panic and foreboding, guilt over being branded a cheat and a criminal, fear, anger, resentment, and general feelings of helplessness and confusion. I have in fact seen some people who have become virtually suicidal at the prospect of losing everything for the “crime” of not paying taxes to a country they have not lived in for decades if ever at all. I am a clinical psychologist licensed to practice in Ontario with 35 years of experience. I have also been appointed an assistant professor in the Department of Psychiatry at the University of Toronto. In recent years I have had the opportunity to discuss and address these problems with many individuals who are trapped in these tragic circumstances
Along with John I am happy to make myself available in any of the forums or meetings that will be forthcoming. There is always strength in numbers and sometimes much can be gained by discussing common problems together in a group. I am also happy to chat or work with people individually with these concerns.
This is a link to the obituary . I am trying to post an actual picture but it is not coming out clearly enough to read. Will work on this.
UPDATE February 9, 2016
There has been some confusion about authorship of the letter/comment below. J did not say he (himself) wrote it and J’s father presented it as being from him. The comment on the site is anonymous. Clearly J sent it to his father and identified with it. For that reason, I am leaving it up as there is no way I can determine for certain that he did not write it.
UPDATE February 8, 2016
I have not decided what is the best way to pass on more information about J’s situation and am afraid adding it to the bottom of this post means you will be less likely to see it. So for now, I will simply add it to the top and bring it to your attention by the “Update” heading. I am not adding anything without talking to J’s Dad first.
I want to pass on now, some things about J himself, what he did and so on, so you can see what kind of person he was. I know a few facts, such as he was born in February, 1969 in California, he went to university at Cal Poly and went to Sweden to do his Ph.D (roughly, around 1990 – 1991). He passed away on June 10, 2015.
J worked at the Karolinska Institutet, at the Centre for Genomics and Bioinformatics in Stockholm, Sweden. Founded in 1810, it is one of the most prestigious medical universities in the world. J’s fields were Genetics & Genealogy, Neuroscience, Psychiatry & Psychology and some of his later articles refer to Alzheimer’s. He published at least 64 major articles, collaborated with 212 co-authors from 1994-2010, and was cited by 3857 authors. I am not an academic but for someone to publish 64 pieces by the time he was 41 (already having two children) suggests to me this was a highly motivated person who was more than competent and clearly engaged and focused.
Here is a letter that J’s Dad provided which J had sent him.
I have a dream, an American dream.
I live in Sweden, which is hardly a tax haven. I am a citizen of that country as well as a US citizen. I have lived outside of the US for close to 25 years and thought I led a normal law abiding life. Unfortunately, the overzealous and poorly thought out attempts to catch US resident tax evaders have cast me and other overseas residents as criminals.
I am one of the few overseas residents who actually knew that I had to file taxes and did so. Last year, I needed to amend my US taxes due to a reporting error made by my overseas employer and I learned that as I had failed to file a form reporting my overseas bank accounts (the FBAR), the only option I had was to enter a so-called amnesty program, in which I have been told for this omission, I need to pay the US government 25% of my life savings, retirement plans, house, and car, all of which have been earned by legitimate employment overseas.
The “bank accounts” that I must report to the US government include life insurance policies, telephone prepaid cards, my customer card at the supermarket and my lunch card at work. The latter three must be reported, along with their highest balance (try to calculate that on a supermarket rebate card) all because they fit the definition of a debit card. All of this under threat of a penalty of USD 10,000 per account if I make a mistake in reporting. I think the most my lunch card has ever had on it was USD 60.
To add insult to the injury I described above, during 2011, FATCA began to be implemented in Sweden and my Swedish bank informed me that I would no longer be allowed to have any investment accounts because of my American citizenship.
FATCA also requires that for my 2011 taxes, I will need to file another form that repeats a lot of the information on the FBAR form and will cost me at least another three hours of accountant time. The much loved number of USD 10,000 in penalties is again threatened if I make a mistake on this form.
American information reporting requirements have become so demanding that I have made all kinds of new friends in my Swedish bank and tax authority. I get to challenge them to provide documentation that makes no sense in Sweden, but helps me to meet the US requirements. Without these wonderful FATCA requirements, I might have just led an unobtrusive life and like most other residents here, had very little to do with these people. Now I stick out like a sore thumb. FATCA has afforded me with the opportunity to prove to Swedes that Americans are different, demanding and difficult.
I have spent less than a year in the US in the last 25 years. Where you spend your childhood stays with you and I have a strong emotional tie to the US. So even though indications are that it would be in my best interest to renounce my citizenship, I plod stubbornly along in the face of all the abuse and try to believe in the American “truth and justice” I was taught about as a child.
That is why I appreciate your article. It will help to make public the unfortunate consequences of the poorly conceived FATCA legislation. Maybe it will help me and other overseas US citizens to be able to return to leading a normal life. That is all I desire in my American dream.
(Written a year ago in response to an article in a local paper)
“(Written a year ago* in response to an article in a local paper)”
*this comment plus the following 2 facts suggest this letter was written sometime in the first half 2012. I have not been able to locate the article it refers to. The date on the Word file is 20 October 2013-I cannot be sure who saved this Word File (i.e., J or his Dad) but given his comments about the 2011 taxes and form 8938, I believe this letter was written in the first half 2012, prior to the June 30 deadline for the filing of taxes.
(It is very clear J is aware of the 2011 OVDI program.)
Obviously, he did not suffer from a major psychiatric illness such as schizophrenia, dissociative personality disorder or any psychopathic or sociopathic diseases. There is nothing to suggest he suffers from bi-polar disorder. It can be noticed that he stopped publishing in 2010 and can be demonstrated that he knew of FATCA in 2011. If he suffered a major depressive issue, it might be possible to say it coincided with his awareness of FATCA, FBAR, etc. And I will relate freely that I have been diagnosed with major depressive disease, many years ago. And have been most fortunate to have received the appropriate medication to deal with it. I do not consider my diagnosis to be indicative of the stigma of “mental illness.” (i.e., it is not a psychological issue but a biological one.)
This next item is a letter J’s Dad wrote to Rep. Eshoo, 2 weeks before J passed away.
28th May 2015
Dear Ms. Eshoo,
This morning my son called me almost in tears in an anxiety of which I thought him incapable.
When I picked up the receiver I did not think it was him. I had to ask several times who it was.My son is a researcher at the Karolinska Institute, working in biochemistry and genetics.
He is hard working, utterly conscientious, and has published many, many papers in his field.
He has a beautiful family. His wife works for the Nobel Foundation. The Karolinska Institute
in Sweden is from whence Nobel prizes originate – I’m sure you know this.I was (am) deeply concerned. I listened carefully. I felt he sounded suicidal. As a dedicated researcher,
honest and thorough, he is used to delving into complex issues and writing his conclusions. So what
complex problem could possibly be driving a deeply thoughtful person into such a level of anxiety?My son was born into your constituency in the United States. After graduating from Cal Poly he
went to finish his PhD in brain chemistry in Sweden. He has worked hard (and successfully)
for twenty years to turn his small research salary into some savings. And that is the problem.Banks everywhere in the world now (including Russia) want nothing to do with a depositor
who is American. So what is one of the seven to ten million Americans working permanently or occasionally abroad supposed to do?My son a year ago started conscientiously reading all the US laws pertaining to “foreign” earnings.
These are very complicated documents. The more he read the more complex they seemed. He tried
(and is trying) his best to comply with all the requirements, Including finding a CPA in New York and
several in Sweden.My son has already paid every tax he owes – in Sweden they are, bar none, the highest in the world.
But here are these US requirements requiring him to declare all foreign earnings, pensions, savings,
passive investments, etc. and to pay a tax on top of what he has already paid to Sweden simply
because he was here at birth.Trying to figure out these requirements and to comply has driven him to desperation. He sees terrifying scenarios in which he is asking, for what? The US is the only country (besides Eritrea) demanding this.
There are seven to ten million honest Americans living abroad. FATCA is being used as a sledgehammer
(of IRS abuse?) to catch a fly or two – inconsequential financially – of those who abuse our system.Ms. Eshoo – Rescind FATCA! The blood will be upon your heads – congress and yours! if my son is driven
to suicide after a year of dealing with the consequences of this horrible, unjust, draconian, and miserably self-defeating law. Is it worth losing a just citizen just for this?As matters unfold he may not, I’m afraid, be the only one of millions.
Yours respectfully,
xxxx (J’s Dad)
This is the end of what I am adding for today. I am sure many of you will have something to say about all this………..
********
@AnnaEshoo A Father’s Anguish Over the Loss of his Son – Horrible Struggle due to #FBAR #FATCA https://t.co/LC1Frng6x5 PLEASE READ THIS
— Patricia Moon (@nobledreamer16) February 8, 2016
*****
This concerns absolutely the worst news I have ever come across in the 4+ years I have been immersed in this situation. I am not going to even try and address anything beyond this simple explanation so you have some context.
A couple of days ago, a comment that somehow was never seen/approved became visible on the renounceuscitizenship wordpress blog. The comment consisted of two letters. Given the fact this was written last July as well as the serious nature of what it concerns, it was decided to keep it in pending until we had made contact with the author, to make sure he still intended for it to remain public. I have spoken with him and he does want it to be seen. However, nobody is likely to see the comment on that particular post since it is 7 months old. So the two letters are being posted here now. Ms. Eshoo, to whom the letters are addressed, is the Congresswoman (D) from the 18th Congressional District of California. She also spent 20 years (1993-2013) as the Congresswoman for the 14th District. She voted “Aye” for the H.I.R.E. Act. There has been no response from Ms. Eshoo.
One thought on “Statement from @AARO (unlike @DEMSabroad) supports Bopp #FATCA lawsuit”
July 21, 2015 at 11:28 pm
25th June 2015
Ms. Eshoo
When you and your fellow co-conspirators in congress voted on FATCA you murdered my son
This beautiful person who wanted to live out his dream in peace in another land was destroyed by you.
You and your fellow co-conspirators, with your unattainable requirements,
boxed him into a mental dilemma from which he could not escape.
As a just person he found your injustice in FATCA incomprehensible.
After a year of intensely trying to figure out what to do
he committed suicide.
There are families in grief in your constituency.
There are families in mourning on both sides of the Atlantic.
You have destroyed a decent person worth a thousand Obamas.
You have ruined the happiness of dozens of friends and family members
through your cruelty revealed within this monstrous law.
You have utterly destroyed our faith in government with the
incomprehensibility, inhumanity and malice of this law.
Your only hope of atonement?
Repeal FATCA NOW
Sincerely in grief,
xxxxxx
*****
14th July 2015
Dear Ms. Eshoo,
Re: Death of J., a citizen of Sweden
Thus is clearly an over-reach by an agency of the US government of the grossest magnitude. FATCA affects eight-and-a-half million Americans occupying themselves honorably abroad. This is IRS abuse on a scale far vaster than the diminutive insults inflicted by Lois Lerner’s 501(c)(3) scandal. FATCA is an act of IRS persecution, with a far greater ill effect on American lives than Lois Lerner’s pinpricks. It cannot be dismissed in a form letter.
I have filed the cause of his death as: “Persecution by an Agency of the Government of the United States.”
It is clear that the United States is in full violation of its Principles on U.S. foreign policy and most Articles of the Declaration of Human Rights. (For reference you may see both Principles and Articles appended below.)
FATCA, signed into law by Mr. Obama on the 18th of March 2010, can be shown to violate these Principles and Articles with the uttermost disregard possible.
Here is a preamble to this law:
“The Foreign Account Tax Compliance Act (FATCA) is a United States federal law requiring United States persons (including those living outside the U.S.) to have yearly reported themselves and their non-U.S. financial accounts to the Financial Crimes Enforcement Network (FINCEN), and requires all non-US (Foreign) Financial Institutions (FFI’s) to search their records for suspected US persons for reporting their assets and identities to the US Treasury. Congress enacted FATCA to make it more difficult for (resident and non-resident) U.S. persons to have financial assets which are not located in the United States, by adding further asset-reporting law with consequences, and thus to enable further federal tax revenues and penalties from a wider global population of newly discovered US persons and their partners, at the expense of non-US banks.”
Just looking at Articles 1, 2 and 3 of the Universal Declaration of Human Rights, one already sees that the IRS is over-reaching by its criminalization of every American living abroad, and in making them report to the “Financial Crimes Enforcement Network”, as if it’s already proven that every American living abroad is abroad with criminal intent.
In Article 1 “All human beings are born free and equal in dignity and rights” is clearly not true when FINCEN
Is searching “the… records of suspected US persons for reporting their assets and identities” – is it enough to be suspected that allows the IRS to take way a person’s dignity and rights? And what right does the IRS have to do this to anyone anywhere outside the US, let alone to a Swedish citizen?
In Article 2 “Everyone is entitled to all the rights and freedoms set forth in this Declaration” with “no distinction … on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs.” So the rights and freedoms are universal but the IRS is allowed to go far beyond its domestic charter in going after anyone anywhere, even against the laws of another country?
In Article 3 is the most fundamental of all “Everyone has the right to life, liberty and security of person.” Clearly the authors of FATCA thought the rights of anyone irrelevant to the needs of the US government.
One may look at Articles 4, 5 and 6 of the Universal Declaration of Human Rights and one sees that
(i) “No-one shall be held in slavery or servitude”, (ii) “No one shall be subjected to torture, or to cruel, nhuman or degrading treatment or punishment”, and (iii) “Everyone has the right to recognition everywhere as a person before the law”. Except, of course, when it’s a US law which utterly disregards the laws of every other country in the world, including Sweden. And except when that slavery is due to an agency of the US government, namely the IRS, which is trying desperately to keep Americans abroad in servitude, and except where that torture is the daily threat to appropriate a part or all of every asset a person has acquired abroad by honest labor, and which has already been taxed at the highest rate in the world, as in Sweden.
That is just touching the surface of the malfeasance of this run-amok agency of the US government. The true magnitude of what FATCA has perpetrated and achieved is utterly appalling. No other country in the world has ever persecuted its citizens like this for migrating abroad. EVER.
To look a little further into this “Reign of Terror” of a US agency, one may see its truly malign influence on individuals, commerce and foreign relations. Everyone knows that no bank abroad wants anything to do with an individual born in America or bearing an American passport: this makes travel and commerce impossible.
But that is beside the point: it’s the US law and must prevail globally. That FATCA has poisoned international relations, has made the US a demi-pariah, and is even being copied by neo-soviet states like Russia, is beside the point: it’s the US law and must prevail globally. This is clearly nonsense, but it is the law, indiscriminate and vicious.
It is particularly where FATCA preys on individuals that the damage to human rights is most gross. In my son’s case it was first, the closing down of his Swedish bank account. It was then his realization that the government of the United States was after a complete accounting of every asset he had earned in Sweden with hard, honest labor over a period of twenty years. As a Swedish citizen, he had already been taxed at the highest rate in the world bar none. This sense of persecution and injustice by an alien agent was continuously and overwhelmingly felt by him.
From Article 3 of the Universal Declaration of Human Rights “Everyone has the right to life, liberty and security of person” (in the Declaration of Independence “ … the pursuit of happiness”), J. experienced the “loss of happiness” as a result of losing his bank account, and gradually, as he realized the full magnitude of the requirements of FATCA, in the torture of its implications. J. lost his liberty when finding out, just before his death, that his communications with his bank (and only those communications) had been compromised. He knew then that he had no liberty, as guaranteed by Article 3, at all.
Hemmed in by the egregious requirements of an incomprehensible and unjust alien law, J. saw his life as being made increasingly worthless. He was isolated within Sweden, among Swedish friends, as a pariah. His protection under the laws of Sweden, where he was a deeply law-abiding citizen, he witnessed evaporating. Anguished by the dilemmas of FATCA – he would not pay an unjust tax for owning property in Sweden nor would he pay the tax for giving up his U.S. citizenship – why should he? – he went out and hanged himself. His daughter went outside and found him hanging by his neck in the morning.
So J. lost his happiness, he lost his liberty (and “security of person”) and thrust into isolation utterly by a country he loved (but, in keeping his passport, he wished to return to one day) he went out and killed himself. In a mockery by FATCA’s blind injustice this proved to invert “Life, Liberty and the Pursuit of Happiness” into the opposite, completely miss-stating the order of these words in the Declaration of Independence.
Article 30 of the Universal Declaration of Human Rights says: “Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.” The “State” to which this refers is the United States; the “activity” or “act” being performed to which this refers is the activity of FATCA; the “destruction” to which this refers is the deliberate destruction by an agency of the US government of all of J’s rights and freedoms as set forth above.
I have therefore listed, as I must in honesty, the cause of J’s death as “Persecution by an Agency of the Government of the United States”. More simply “Persecution by the government” of which you are a part.
I believe the United States under Mr. Obama is wholly and uniquely responsible for this most diabolical law.
FATCA violates fully half of the articles of the Universal Declaration of Human Rights. Therefore FATCA will be,
as it must be, abolished by the United States, else the Universal Declaration of Human Rights means nothing.
FATCA is also totally against the Principles appended below, that “Promoting freedom and democracy and protecting human rights around the world are central to U.S. foreign policy”. My son’s human rights, as a decent, honorable citizen of Sweden, were stripped from him mercilessly by FATCA, making a mockery of
these Principles.
Which part of the Universal Declaration of Human Rights that do you do not understand, Ms. Eshoo? That somehow being enthralled by Mr. Obama’s oratory, in a congress filled with Democrats, you could go ahead and pass any law Mr. Obama wanted, Human Rights be damned? This congress, known as “The Brutal One-Eleventh” for the laws you whipped through, undertook the passage of these laws in utter disregard for the rights of American citizens at home or anywhere.
J. leaves behind a Swedish wife and two beautiful Swedish children. It leaves behind individuals all over the United States and Europe grieving for a beautiful person essentially murdered by an act ill-considered by congress and signed into law by a feckless Obama. The stigma of FATCA is one which you and your fellow Democrats – Pelosi, Reid and Obama – will bear forever.
Millions of people around the globe are regretting that Mr. Obama ever came into office. The world burns while feckless Obama dithers. I am regretting this monster infinitely more than anyone with the loss of my son.
Sincerely, and in immense grief,
xxxxxxx, father to J
APPENDICES
A. Principles. Under the US Bureau of Democracy, Human Rights, and Labor it says the following:
“Promoting freedom and democracy and protecting human rights around the world are central to U.S. foreign policy. The values captured in the Universal Declaration of Human Rights and in other global and regional commitments are consistent with the values upon which the United States was founded centuries ago. The United States supports those persons who long to live in freedom and under democratic governments that protect universally accepted human rights. The United States uses a wide range of tools to advance a freedom agenda, including bilateral diplomacy, multilateral engagement, foreign assistance, reporting and public outreach, and economic sanctions. The United States is committed to working with democratic partners, international and regional organizations, non-governmental organizations, and engaged citizens to support those seeking freedom.”
B. Articles. PREAMBLE TO THE UNIVERSAL DECLARATION OF HUMAN RIGHTS
“Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,
Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people,
Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law,
Whereas it is essential to promote the development of friendly relations between nations,
Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom,
Whereas Member States have pledged themselves to achieve, in co-operation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms,
Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realization of this pledge,
Now, Therefore THE GENERAL ASSEMBLY proclaims THIS UNIVERSAL DECLARATION OF HUMAN RIGHTS as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction.”
Article 1.
• All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.
Article 2.
• Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.
Article 3.
• Everyone has the right to life, liberty and security of person.
Article 4.
• No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.
Article 5.
• No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
Article 6.
• Everyone has the right to recognition everywhere as a person before the law.
Article 7.
• All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.
Article 8.
• Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.
Article 9.
• No one shall be subjected to arbitrary arrest, detention or exile.
Article 10.
• Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.
Article 11.
• (1) Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.
• (2) No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.
Article 12.
• No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.
Article 13.
• (1) Everyone has the right to freedom of movement and residence within the borders of each state.
• (2) Everyone has the right to leave any country, including his own, and to return to his country.
Article 14.
• (1) Everyone has the right to seek and to enjoy in other countries asylum from persecution.
• (2) This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations.
Article 15.
• (1) Everyone has the right to a nationality.
• (2) No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.
Article 16.
• (1) Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution.
• (2) Marriage shall be entered into only with the free and full consent of the intending spouses.
• (3) The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.
Article 17.
• (1) Everyone has the right to own property alone as well as in association with others.
• (2) No one shall be arbitrarily deprived of his property.
Article 18.
• Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.
Article 19.
• Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.
Article 20.
• (1) Everyone has the right to freedom of peaceful assembly and association.
• (2) No one may be compelled to belong to an association.
Article 21.
• (1) Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.
• (2) Everyone has the right of equal access to public service in his country.
• (3) The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.
Article 22.
• Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.
Article 23.
• (1) Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment.
• (2) Everyone, without any discrimination, has the right to equal pay for equal work.
• (3) Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection.
• (4) Everyone has the right to form and to join trade unions for the protection of his interests.
Article 24.
• Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.
Article 25.
• (1) Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
• (2) Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.
Article 26.
• (1) Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit.
• (2) Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace.
• (3) Parents have a prior right to choose the kind of education that shall be given to their children.
Article 27.
• (1) Everyone has the right to freely to participate in the cultural life of the community,
to enjoy the arts and to share in scientific advancement and its benefits.
• (2) Everyone has the right to the protection of the moral and material interests resulting from any
scientific, literary or artistic production of which he is the author.
Article 28.
Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized.
Article 29.
• (1) Everyone has duties to the community in which alone the free and full development of his personality is possible.
• (2) In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society.
• (3) These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations.
Article 30.
• Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.
This thread continues on a new post:
A #FATCA Related Suicide
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@George, I really like;
“.. I will no longer surrender anymore LCUs.
Also on Brock someone said “I will not live my life according to the whims of a foreign government.” That quote is now a screen saver which I read everyday.
We are a motley crew on a motley ship with a sail that is rather tattered but you know, that is a far better place to be in the open ocean rather than a single person dingy. …”…
Take good care fellow sailor.
@Embee, I agree that legislators should swear to a version of; ‘first, do no harm…’. when passing legislation.
The Cons in the last government didn’t even respect whether their proposed or passed legislation was likely in conflict with our Charter or constitution, much less whether it would harm Canadians.
Except, in US and Canadian representative minds it is probably first ‘do no harm to myself and those most like me (in my family, my political party, my class, etc.’… and damn those USPs ‘abroad’ whose vote I don’t need anyway and who are very useful scapegoats (as a US politician) or insignificant sacrificial lambs in relation to the Bankster lobby and other political goals (as a Canadian politician).
“I guess at this point I prefer to rip someone else’s head off, rather than explore the unthinkable.”
~ How gratified I am to know there’s someone else as enraged as I am. However I am going to have to buy myself a martial arts dummy; paste Carl Levin’s face on it and (pardon my language)…beat the ever-lovin’ shit out of it.
@Polly
How would we know if many are committing suicide over FATCA/FBAR? Very few even know that WE exist. This could be just the tip of the iceberg. Of the, what is it now, 7-8 million U.S. Cs overseas, how many know that any of this applies to them? As more and more find themselves in this situation, we very well may see much more of this. But how will it be reported? Will it be reported? My guess is that it will not.
I believe that I have depression. Should I go to a doctor? Why? What can a medical professional do to solve the cause of my depression? I would no sooner seek medical help for FATCA/FBAR/CBT than I would a rocket scientist for brain surgery. The cause of my depression is clear and I believe depression is the natural response to our situation. If one did not suffer from depression after dealing with this for so long, then it is they that should be mentally evaluated as that is an unnatural response.
Let’s say, that after three years of researching this, hoping everyday to find a way out for my family, I find that the only way to save my family from permanent financial ruin is to just not be, would it be irrational to do what this poor fellow did? But if I did, how would it be reported? Would it be thought I did so because I lost 1/4 of my hours and another 1/4 are at risk of being lost and that I had been battling depression for over two years. If so, then the report would be ignoring the fact that I have been through loss of jobs many times in the past and that my depression started only after learning of FBAR/FATCA.
Yes, you are also a victim, and not to belittle your hardships because of that fact, but as far as I can figure I owe at least $300,000 in FBAR fines alone. All “my” accounts together have never totaled anywhere near the reporting threshold, but I shared an account with my spouse which put me over the threshold. The minimum fine is ten years of pay for me, where do I get the money to pay it? Do I rob my wife and children? This, for me goes well beyond stress. It is an issue of how best to protect my family. If the situation is as I have explained here, then it is much more like women and children first to the life boats. Does this signify an underlying mental illness?
Someone wrote about fault. Does that really matter? I know it’s not my fault, but that does not change the situation. Either my family pays what Uncle Sam demand of me or I remove their burden, if it comes to that. Fault doesn’t enter into the equation.
I do not know J’s situation, but if his was similar to how I describe here, does it mean that he must have had a underlying mental illness?
We, or at least I, do not suffer from PTSD. There is no “Post” of my condition. It is there each and every day. I think something along the lines of Constant Traumatic Stress Disorder (CTSD) to be more correct. I do think this is important. It has been known for a very long time in militaries around the world that even the best troops must have time in the rear, off the front lines. There is no rear for us, anywhere we go we are on the front lines. Slaves in the south took great risks attempting to escape because they knew that IF they could cross the Mason-Dixon Line that they would be free. Where is our Mason-Dixon Line?
For those who learned of this early enough and had means to escape, there was a Mason-Dixon Line, costly though it may have been to get there. The trap is more complete now. Those of us just learning of this do not have a Mason-Dixon Line. I do hope I am wrong and if I am please tell where it is and how to get there without bankrupting my innocent, Japanese family.
@Japan T
“Slaves in the south took great risks attempting to escape because they knew that IF they could cross the Mason-Dixon Line that they would be free. Where is our Mason-Dixon Line?”
Your “Mason-Dixon Line” is in your head. U.S. citizenship is indeed a form of slavery (well unless you are a DA apologist). But in this case breaking free is NOT breaking free from the USA. It’s breaking free from the IDEA that you can’t break away from the USA.
I think it’s very very unlikely that you would be assessed any FBAR or other penalties. Can anybody point to an American truly living abroad who has actually been assessed penalties? (Somebody reading this, please confirm that you are aware of these penalties.) I don’t know much (if anything) about your personal situation other than that you live in Japan and (I believe) you were in the U.S. military.
Military culture requires obedience. Civilian culture does not. What is stopping you from just walking away from this? The vast majority of Americans abroad are living in ignorant bliss.
An article needing some informed comments from Brockers: http://taxprof.typepad.com/taxprof_blog/2016/02/number-of-americans-renouncing-their-us-citizenship-hits-all-time-high-up-25-from-2014-560-from-bush.html
U.S. citizens living outside the United States are forced to choose between (1) life destroying obedience to U.S. laws that are unknown in their totality and (2) having a life.
It’s not that “compliance is not an option”. It’s that “compliance is impossible”.
U.S. Tax Compliance Abroad = To dream the impossible dream …
https://youtu.be/JjI7VeIA7ZI
@JapanT
The point I am really trying to make is that our evidence- our arguments- have to be rock solid – otherwise they will tear us apart and make us look like some kind of hysterical, rabid fools. If we say that somebody has killed himself due to FATCA then we have to be able to prove that this was the reason why- without a doubt.
This is why I am saying that there is however a doubt- and that is that more likely than not- this individual had an underlying emotional instability to chose death over say-renunciation- and taking his chances in the system. Like how about this idea: first try to solve the problem- and if THEN you are faced with unpayable fines- THEN kill yourself instead of going into a pay plan, or trying to negotiate with the IRS for a lesser sum? As far as I have understood it, this sad man killed himself even before trying out all the other options. In a way- this does shed some light on his choices which most people would not consider totally sane.
And as an aside- my heart goes out to the family and their huge loss. Wish he would have fought, though. And it isn’t SO hard to find IBS. Go online and google FATCA etc and you do come up with this place. 😉
People- what I am also wondering is: why didn’t the parents who wrote the anguished letter send it to others? Why just California? Or did they? Like to Obama himself? Nina Olsen?
@USCA
For me, I have little fear of the FBAR fines, try as they might, they can not squeeze blood from a stone. That may not have been the case for J.
For me the issues that keep me up at night are passport confiscation and the closing of bank accounts. I am looking into attempting to gain Japanese citizenship but how do I free myself of the U.S. without submitting to the demands of the IRS? Even if I do, I am obviously not from Japan and it is not at all unheard of for Japanese businesses to refuse service to non ethnically Japanese regardless of citizenship, so that may not save me from losing my accounts anyway.
Then how about my children? They too have the curse, how do I free them of it.
Your point on the military is well taken, but that never was me. Probably why I didn’t reenlist. I stopped filling my taxes after the IRS sent me a letter demanding I supply the actual dollar amount for each payday under threat of huge fines, the standard $10,000, for inaccurate information. That was over ten years ago. It took a very long time to complete and I just do not have the time nor the money to get it done.
But I had to renew my passport 3 years ago and the statements on the application telling me that my information will be provided to the Treasury dept. etc… let me know that I am on their radar, or at least will be once someone gets down to my file within the stack of files.
Polly –
Observing with interest your attempts to reason with Broccultists.
May you remain unassailed by adhominators.
@ Polly
I kinda thought you were more telling us how the system would handle it. But for your other points, it isn’t just us who pay but also our nonUSC families. I for one am not prepared to risk their future, my own yes but not my family’s. As he too had a family risking them may not have been something he was willing to do.
Renounciation is no longer an option for many of us. The fee is now too high for many and worse by far is the need to make peace with the IRS. I would be a covered expat, perhaps he was too. I am looking into this, but am not very hopeful that I can either get Japanese citizenship nor shed my “USC for tax purposes”.
On IBS not being hard to find. It is when you don’t even know to look for it. The IRS uses the same argument for the requirement to file tax returns regardless and FBAR. Why would anyone look for something that we have no reason to even suspect exists? I do not know how I found IBS other than by accident.
We do not know if J’s father has sent letters to others or not. But as it is the Congress who writes laws and passes them, the President only either signs, vetoes them or let them go into effect, writing to ones rep. Or Senator makes more sense to me than writing the Pres., especially this one.
Yes, if we can not prove the FATCA/FBAR caused his death, they will think us paranoid loons. They think that already and no amount of proof to the contrary will convince them otherwise.
In the meantime, his taking his own life may have been a very logical decision and not necessarily due to a mental illness.
After we fund the lawsuits we have:
Class Action by nonUS family members of US persons overseas against USG for damages.
@JC
Will non USC living overseas, nonresident aliens, be granted standing to sue?
@Polly
I understand what you are saying. But I also think it is extremely clear that FBAR et al, is a major issue. Perhaps we could agree that the issue is not black and white. Proof is impossible.
I am not sure if it is clear- J WAS TAX COMPLIANT. Like so many of us, he did not know about FBAR. Unfortunately for him, this came about due to filing an amended return. IOW, he was not invisible, did not have that tiny bit of shield that most of us had. He was being pressured to go into the 2011 OVDI. I do not know all of the ins and outs of what he did/did not do but suspect he drew the line at the prospect of paying 25% penalty of the value of his assets (how he described).
I have read that sometimes people feel they are the problem and the best way to solve that problem is to remove themselves completely.
He did talk with his Dad about this; he did read extensively about the options (if one could really call them that). These two letters were written less than a month after J passed. And his father has written others. I am not sure why that matters; we all have experienced the general problem of not getting responses. What did we do when the govt would not listen? We sued them. And some, perhaps not all, have stopped writing letters because it seems to be ineffective and a complete waste of time.
‘What I learnt about HMRC when I posed as a tax avoider’
It looks like Greg isn’t as wise as he thinks it is. Avoidance is legal. It’s not evasion.
‘But while the rich can avoid paying tax and either get away with it or be treated in a gentlemanly fashion – a slap on the wrist and a fine – it is different for others.’
If the rich get a slap on the wrist and a fine, or get a job as Treasury Secretary, that must be because of evasion not avoidance. So then yes, it is different for others.
‘HMRC will gather the “low-hanging fruit”, ‘
The IRS has been doing that for decades.
By the way, when the low-hanging fruit are actually innocent, when they paid their fair share and got framed, does HMRC continue to torment them the way the IRS does?
By the way, when the former Revenue Canada audited me, they saw everything they needed and they left me alone after that.
I wonder what would have happened if the IRS had audited me when they should have. I tried a few times to compel the IRS to audit me, but courts denied my motions.
…
Back to the original posting:
“This concerns absolutely the worst news I have ever come across in the 4+ years I have been immersed in this situation.”
Obviously it is sad and outrageous, but is it really worse than what the IRS did to Mark Pinetree or what the IRS, DOJ, and courts do to me? My blood pressure was 162/98 this evening.
@Polly – ” … As far as I have understood it, this sad man killed himself even before trying out all the other options. In a way- this does shed some light on his choices which most people would not consider totally sane.”
Who knows what options the “sad man” had tried or considered before he killed himself ? I certainly do not. One consideration that always needs to be at the forefront is … should one really put oneself on a radar knowing how destructive the penalties can be ? or to quietly ditch one’s assets in favour of loved ones and then remove one’s taint from the picture so as to protect the said loved ones ? In many ways this is the bravest position to take … rational … not insane or the product of mental illness at all. No greater gift and all that ……
I am deeply concerned that the situation is getting even worse. Two new and awful problems: The threat that the IRS will investigate/audit assertions in the streamlined program that the taxpayer’s conduct was non-wilful (note the enhanced reporting on wilfulness on the streamlined form) and the proposed regulations on section 2801 (trying to impose the tax on persons receiving distributions from foreign trusts which may have been related in some way to covered expatriates and putting the burden of proof on US persons to prove that gifts or bequests they receive from foreigners are not from covered expatriates). Also, there seems to be increasing uncertainty about when the statute of limitations on these matters actually runs. It seems that there may never be closure for people trying to comply or for people expatriating, or their families.
I am convinced that this poor man is not the first suicide, nor will he be the last. The US is mainly to blame for this final act of frustration, anger and despair but I also blame the family of nations who entered into IGA’s with the US.
Could not have Sweden, Germany, Switzerland and the scores of other countries just have told America to go pound sand?
I ignore the situation for other countries but I happen to know that Switzerland is one of the biggest holders of US debt. Had Bern desired to show some backbone, it easily could have said no, and if you don’t like it we’ll talk about what we’ll do with those US treasury bonds we’re holding. Instead, Bern stripped down, bent over and pretended to look for a bar of soap. The similar lack of courage and outrage against US bullying by over 80 sovereign countries has me stupified.
It’s not as though, in this day and age of instant communication, that at least the EU leaders could not have formed an anti-Fatca alliance overnight. It’s not as though, either, that this alliance could not have used the press to expose and shame the US over America’s blatant game of extortion. “Hey, nice investments you got der in America buddy. It’d be a shame if you had to fork over thirty percent and penalties on yer holdins for refusin’ to sign dis nice liddle IGA .Now jus’ sign here and we can fuggedaboudit.”
Even Russia lost heart. Even China lost heart. It left me wondering, really, what power would show any guts and call America’s bluff. Apparently none.
Now even the common Swiss citizen is having to routinely prove to his bank that he/she has no holdings in the US, or is related or married to a US citizen or green card holders, or is in any way, shape, or form subject to the FATCA IGA that Bern was bloody stupid enough to sign. I personally know several Swiss professionals who refused a lucrative job posting in the US out of fear of Fatca following them home once they returned.
This will all bite America in the ass one day; but for now it’s full speed ahead and damn the death and financial destruction of countless honest people just trying to mind their own business and make a living abroad. I love my country but I hate its’ unconstitutional and despicable government.
@Polly
You write:
You make some very good points. The part that I bolded makes sense if (from his perspective) the issues was the fines and penalties. I suspect (can never know) that the issue was less the “fines/penalties” than what those “fines/penalties” represent.
What the “fines/penalties” represent for most Americans abroad (who had no reason to know about any of this stuff) is the complete “dehumanizing of them”, “the complete betrayal of them” and mainly the total realization that Americans abroad are NOT human beings but are simply U.S. property. Now, if Americans were brought up with the notion that they had no basic human rights because and only BECAUSE they were American, that’s one thing.
But imagine going through life believing that you were:
– a free person
– a citizen of a country that valued, protected and respected it’s citizens
– a person with dignity worthy of respect
– a person who was able and willing to contribute positively to your community, your employment and your family
– a person who had been loyal to the USA and had defended the actions of the USA while you were abroad
– a person who voted for Obama
and then
You find out it was all a lie.
I suspect that the mental and emotional problems of Americans abroad are heavily tied into these issues as well.
Damn, I need a pint after looking at all that lot. Too much to read in one sitting. What can be done?
1) Carry on with the law suites and hope something comes of it.
2) Raise money and hire some good lobbyists in Washington DC and see if laws can be changed.
3) All the Canadians affected could use social media and plan a ginormous protest in Washington DC. If all the Canadians affected could make it then it would highlight the problem to the politicians.
4) All the Canadians affected organise and move to the same part of Canada and then declare independence and say that they are now a sovereign state. This is not as stupid as it sounds. If enough Canadians were involved then Ottawa would have to negotiate or send in the army. I think you might be able to negotiate enough autonomy to demand to have your own tax laws.
5) Enjoy your life whilst you can until the IRS knocks on the door. Then liquidate all your assets and then travel the world enjoying the best food, the finest wines and any other entertainments that take your fancy (hotels, hookers, rent boys, hard drugs…..). When the money runs out, commit suicide. Just make sure you write a letter to the IRS telling them that all the money is gone. I first thought of this idea about a year ago and I thought I was being silly. I am not so sure now…..
I am not a US citizen, however I have friends who are. There are one million US citizens living in Canada, approximately. I am absolutely FURIOUS that my government under the sicko harperhoid rule allowed a foreign government to interfere with our Canadian lives. It is APPALLING that we, as Canadians have to PAY through bank fees for the collection of information on fellow citizens.
Beware, Canadians. You may have married a US citizen, but that makes you a slave, too! And your children, as well. It is utterly evil.
I feel really sorry for those of us who have dual citizenship, and those Americans who chose to make Canada home and to contribute their all to this country.
To the US government I say HOW DARE YOU.
And to all those US citizens living in Canada who are NOT crime lords or money-launderers or dope-dealers, I say: How can I help?
The article in the Guardian says:
Presumably the reason this “didn’t make the final cut” is because it’s inaccurate. The actual penalties associated with tax credits can be seen on the HMRC website:
“Tax Credits Penalties”, https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/419583/WTC7.pdf
So – a possible £300 penalty for negligent failure to report a change in circumstances, or a possible £3000 penalty for misreporting. Or, if a criminal offence is suspected, the person might get prosecuted. That’s a big difference from the actor’s claim that “It’s money they don’t have and they face a system they just can’t navigate. But if they don’t pay, they go to jail.”
Fortunately, there are more reliable agencies than the one mentioned by Mr Wise – notably TaxAid (http://taxaid.org.uk).
Radio Times describes the Dispatches programme thus: “Actor Greg Wise secretly records meetings with tax planners, who are keen to help the rich and famous minimise their tax liabilities or even avoid paying it altogether. He uncovers legal avoidance schemes and meets a former insider who estimates that schemes sold through his former company cost HMRC more than £100million a year.” C4 Mon 8pm. Should be interesting.
@UScitizenabroad
Yes. It is all an abomination and I wish somebody was listening in Washington.
I went into psychoanalysis and learned that I had been in denial all along and my parents were very difficult. In my mother`s case she was even worse- a very bad actor. I also went through life thinking that I was a free person, had parents who loved and protected me, that I was worth dignity and respect from them, and I was loyal beyond what should have been. I found out there that I had been lied to. It was pretty overwhelming. I had to mourn it. I`m not really so sure what is worse- finding out that my parents had betrayed me or my country.
I learned from it that there are actually a lot of people in the world that just cannot love and it wasn’t my fault. I also learned that this is certainly not a perfect world.
All we can do as human beings is fight injustice and corruption in a world which is full of it and try ourselves to do the right thing.
Polly said:
@Polly – that’s what I was thinking, although I’m not a medical professional. Dreadful for his family – understandable that they may be trying to find a reason for it, or someone to hold responsible. I hope they find peace of mind eventually.
Erin Greene: Welcome! As you realize, you’ve found us at a particularly sad time. Thank you for your kind offer of help. The best thing you can do is what you appear to already be doing, *tell people*; spread the word. It’s an uphill battle but every single person who learns about this is one more to swell our numbers and, in turn, to spread the word further. If you are able to assist us with a donation to our lawsuit fund that would also be greatly appreciated. Thank you so much for coming here and encouraging us that there are non-US-tainted folk out there fighting alongside us!