WITNESS SEARCH UPDATE FOR CANADIAN FATCA IGA LAWSUIT:
WE STILL SEEK MORE CANADIAN WITNESSES:
Have you experienced marital stress or breakup, or medical or psychiatric illness because Canada turned you and your family over to a foreign country — or because you were afraid and entered into IRS compliance and suffered harm, or because you are in “hiding” and can’t afford to be IRS compliant or to renounce? Be a witness.
No single witness will be “perfect” from a litigation point of view. We will be seeking more witnesses (almost) right up to the time of submission of court documents. Your specific situation, that we cannot predict, might have unique characteristics that would be helpful in the lawsuit.
If you cannot be a witness, please tell a friend who you think might be interested.
— If you are interested in becoming a witness You will describe your harm in a written affidavit which will be made public and you can contact me at stephen.kish.chair@adcs-adsc.ca See our website at www.adcs-adsc-ca
FOR THOSE CANADIANS WHO ALREADY VOLUNTEERED: Unless you have already been informed by me or by our legal team that you will not be a witness, there is still the possibility — or (for some) likelihood — that you will be asked to be a witness. I’m sorry but I cannot estimate the time it will take for our legal team to get back to you with their decision. This is because they need to “mesh” the characteristics of all of the necessary witnesses and testimonies with the actual detailed submission that contains the entirety of their evidence, which are all still evolving. Please be patient in our getting back to you with a decision. Thank you for your help.
@Jan, yes, I remember well the article about him, and being a fellow Con, his fellow Con FATCApologist MPs would have known more fully what coming into compliance meant and cost for a Canadian with US person status resident in Canada. He probably got a deal from the US, and probably didn’t pay FBAR penalties, or experience anything like the ordinary people who used the OVDI/P – IF that is the route to US ‘compliance’ he chose to take rather than some other type of ‘noisy’ backfiling of FBARs and returns and forms like the 3520/3520A, etc.
He didn’t protest against FATCA as far as I saw. Never saw any other statement after the initial story https://web.archive.org/web/20111005180503/http://telegraphjournal.canadaeast.com/news/article/1444557 and this one where Alward is quoted as saying; “… “I’m not different from thousands of dual citizens in New Brunswick, which has strong ties to the U.S.,” he says. “The threat of losing significant assets has been a real concern.” To avoid criminal prosecution, some confessors have had to agree to a 25% penalty on the highest value of a wide range of foreign assets since 2003, not just bank accounts�even if those values have since fallen.
On Dec. 7, the IRS posted comments reminding dual citizens that penalties won’t be imposed in all cases. Mr. Alward said he is “encouraged by the IRS’s latest stance,” but “remains concerned.”…”… http://misc.mailarchive.ca/taxes/2011-12/0002.html . Was he in the end a kind of Judas goat https://en.wikipedia.org/wiki/Judas_goat whose comments were meant to demonstrate to other Canadians how they should react to the US demands, how to bow in the end to the US, how to surrender sovereignty, surrender their Charter rights, and make their Canadian citizen and Canadian resident status subordinate to the random accident of a US birthplace or parentage?
Was he rewarded with the Consul post in Boston http://www.cbc.ca/news/canada/new-brunswick/david-alward-named-canadian-consul-general-in-boston-1.3047614 as the price he was paid by Harper for not breaking ranks, for keeping quiet in the end, for voting for the FATCA IGA, and not speaking up against FATCA and against US extraterritorial tax and FBAR after it was made clear to him that Harper and eventually Flaherty too, meant to deliver millions of Canadians up to the US and its extortionate demands on the assets, data and rights of Canada and Canadians?
Badger and others,
We were already aware of some of the U.S.-tainted Canadians politicians that have been mentioned in this post.
However, if you know of others, please post or send me an email.
Thanks.
I note that the 2016 federal budget includes (p. 182) reinstatement of the Court Challenges Program.
“The Government is committed to safeguarding Canada’s official languages and equality rights, including protecting the rights of women and minorities. The Court Challenges Program provides financial assistance for individuals and groups who wish to clarify their language and equality rights in Canada’s courts. This program has been instrumental in bringing cases to the courts that clarify and assert Charter rights. Budget 2016 proposes to provide new funding of $12 million over five years to support the Court Challenges Program of Canada. When combined with existing federal investments, total funding will be $5 million annually.”
Source: http://www.google.ca/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&uact=8&ved=0ahUKEwiuu_md5dbLAhWruIMKHY-3C7AQqQIIHDAA&url=http%3A%2F%2Fwww.budget.gc.ca%2F2016%2Fdocs%2Fplan%2Fbudget2016-en.pdf&usg=AFQjCNGZvlQ8_XBVhJF-fmq-hf0Zflfyqg&sig2=TWNsCJlqwKOltaf48lCNZw
@Badger – David Alward’s appointment is even more ironic. He just didn’t renounce his US citizenship, but he’s originally from the Boston area as well – so in a sense he’s come home.
Stephen,
I’m not Canadian, so I can’t be a witness for you, but I’d like to suggest one more place to look. Academic research in Finance has repeatedly shown that active portfolio management has higher costs and lower returns than passive portfolio management. This means that in the long run an index fund will be a better choice than a self-managed portfolio. But, index funds in your local currency are PFICs, and we know what that does to your after-tax return. So, my suggestion is that you look through the finance faculty at the top Canadian universities. Many will be US educated, some will be US citizens or green card holders. Even if they have been smart enough to avoid PFICs themselves, they should be able to articulate the harm done by restricting the universe of available investments to direct shares and foreign currency (USD) mutual funds.
A list of 863 U.S.A. registered voters (Colorado, Connecticut, Florida, Michigan and Ohio) with “TORONTO” in their record can be had at http://flvoters.com/toronto.txt
These would be U.S.A. registered voters, not accidental Americans; but some of them will be able to point you to witnesses. Try door-hangers or direct mail.
@NorthernShrike
Well spotted. Perhaps this Court Challenges program might assist us in any appeal process.
@Tom
There seem to be at least a couple of different record layouts used in that txt file. Can u publish the record layouts?
Each of the five states has its own record layout.
Most of the data are useless. It doesn’t matter what Congressional district their U.S.A. home is in.
You need the name and Toronto mailing address. A U.S.A. voter born in 1998 is unlikely to have children who are unable to find employment due to FATCA so the birth date might help. Connecticut, Florida and Ohio include the full date of birth, Colorado and Michigan only the year.
http://coloradovoters.info/downloads/20160201/readme.doc
http://coloradovoters.info/downloads/20160201/layout.xlsx
http://connvoters.com/downloads/20160209/elctext.txt
http://connvoters.com/downloads/20160209/other_voter_codes.doc
http://connvoters.com/downloads/20160209/party_codes.doc
http://connvoters.com/downloads/20160209/extract.doc
http://connvoters.com/downloads/20160209/town.txt
http://flvoters.com/download/20160229/02-2016_Voter_Extract_File_Layout.doc
http://michiganvoters.info/download/20160101/Documents/codefile_layouts.pdf
http://michiganvoters.info/download/20160101/Documents/countycd.lst
http://michiganvoters.info/download/20160101/Documents/electionscd.lst
http://michiganvoters.info/download/20160101/Documents/Voter_File_Layout.DOC
http://michiganvoters.info/download/20160101/Documents/Voter_File_Layout.pdf
and for Ohio:
SOS_VOTERID,COUNTY_NUMBER,COUNTY_ID,LAST_NAME,FIRST_NAME,MIDDLE_NAME,SUFFIX,DATE_OF_BIRTH,REGISTRATION_DATE,VOTER_STATUS,PARTY_AFFILIATION,RESIDENTIAL_ADDRESS1,RESIDENTIAL_SECONDARY_ADDR,RESIDENTIAL_CITY,RESIDENTIAL_STATE,RESIDENTIAL_ZIP,RESIDENTIAL_ZIP_PLUS4,RESIDENTIAL_COUNTRY,RESIDENTIAL_POSTALCODE,MAILING_ADDRESS1,MAILING_SECONDARY_ADDRESS,MAILING_CITY,MAILING_STATE,MAILING_ZIP,MAILING_ZIP_PLUS4,MAILING_COUNTRY,MAILING_POSTAL_CODE,CAREER_CENTER,CITY,CITY_SCHOOL_DISTRICT,COUNTY_COURT_DISTRICT,CONGRESSIONAL_DISTRICT,COURT_OF_APPEALS,EDUCATIONAL_SERVICE_CENTER_DISTRICT,EXEMPTED_VILLAGE_SCHOOL_DISTRICT,LIBRARY,LOCAL_SCHOOL_DISTRICT,MUNICIPAL_COURT_DISTRICT,PRECINCT_NAME,PRECINCT_CODE,STATE_BOARD_OF_EDUCATION,STATE_REPRESENTATIVE_DISTRICT,STATE_SENATE_DISTRICT,TOWNSHIP,VILLAGE,WARD,PRIMARY-03/07/2000,GENERAL-11/07/2000,SPECIAL-05/08/2001,GENERAL-11/06/2001,PRIMARY-05/07/2002,GENERAL-11/05/2002,SPECIAL-05/06/2003,GENERAL-11/04/2003,PRIMARY-03/02/2004,GENERAL-11/02/2004,SPECIAL-02/08/2005,PRIMARY-05/03/2005,PRIMARY-09/13/2005,GENERAL-11/08/2005,SPECIAL-02/07/2006,PRIMARY-05/02/2006,GENERAL-11/07/2006,PRIMARY-05/08/2007,PRIMARY-09/11/2007,GENERAL-11/06/2007,PRIMARY-11/06/2007,GENERAL-12/11/2007,PRIMARY-03/04/2008,PRIMARY-10/14/2008,GENERAL-11/04/2008,GENERAL-11/18/2008,PRIMARY-05/05/2009,PRIMARY-09/08/2009,PRIMARY-09/15/2009,PRIMARY-09/29/2009,GENERAL-11/03/2009,PRIMARY-05/04/2010,PRIMARY-07/13/2010,PRIMARY-09/07/2010,GENERAL-11/02/2010,PRIMARY-05/03/2011,PRIMARY-09/13/2011,GENERAL-11/08/2011,PRIMARY-03/06/2012,GENERAL-11/06/2012,PRIMARY-05/07/2013,PRIMARY-09/10/2013,PRIMARY-10/01/2013,GENERAL-11/05/2013,PRIMARY-05/06/2014,GENERAL-11/04/2014,PRIMARY-05/05/2015,PRIMARY-09/15/2015,GENERAL-11/03/2015,PRIMARY-03/15/2016
I re-ran Toronto to put a blank line between records for easier use, and I also ran Calgary and uploaded it to
http://flvoters.com/calgary.txt which has 255 records. Anybody need a different city?
@KAREN:
These people might be angrier and therefore more ready to affirm and affidavit, but the affiants’ harm might be considered a quarrel with the U.S.A. and not with the Government of Canada. The harm by the Government of Canada is the privacy violation.
Even if it means they cannot travel to some third country that would extradite them to U.S.A. the quarrel is with the third country, the court might say. Again, the harm is the unequal treatment in Canada.
You know what would help finding witnesses? Perhaps an IT worker with access to a bank’s FATCA data would kindly post anonymously a USB key with the data to IBS.
@Don,
Regular mail in a plain envelope works, just wrap it.
@Tom
TY
I will look again at these layouts over the long weekend.
Karen,
I like your idea about Finance faculty as witnesses, but the problem I have is how to contact them without breaking a spam law. [Maybe though I will try to make one phone call.] I had thought also of putting a notice in university newsletters, but that did not work out (admins were not enthusiastic about a notice on a lawsuit). However, somehow university profs have become aware of our lawsuit (they read Brock??) and some have volunteered to be witnesses. I am still considering asking for monies for a small ad in a national or Toronto/Vancouver newspaper but have not decided yet on this. Any donor out there willing to fund an ad?
I still remain only one person asking for witnesses and ask for help in doing this, Everyone, please consider again whether we are more likely to be successful by interacting with and trying to influence Liberal politicians — all under the control of Mr. Trudeau — or by helping to find witnesses we need for a lawsuit that would compel those same politicians to repeal a bad law.
I HAVE been receiving good witness volunteer requests. Some will end up being selected and some not.
Right now we are especially looking for non-IRS compliant persons with non meaningful US relationship and reportable account, with one of those persons having over $2,000,000 in assets. That person, as you say, may also have lots of PFICs and be would be financially devastated if s(he) had to become IRS compliant. Some I know would like to volunteer, but they are afraid.
Northern and others who have mentioned the Court Challenges program this to me,
Many may believe that our interactions with our Liberal Government will be effective and actually change minds, but I don’t. Whoever loses the Federal Court decision will appeal to the Federal Court of Appeal. The Liberal Government has unlimited funds and we do not. When that time comes we will ask for financial help from the Court Challenges Program — but I will still assume as likely scenario that we will have to raise monies ourselves.
Stephen and perhaps others:
The March 25 update lists five examples of FATCA harm. I don’t understand. The lawsuit is against the IGA, not FATCA itself (which is ultra vires Canadian courts). Why would witness statements regarding harm in FATCA itself help the suit against the IGA?
@ Northern, technically the law suit is based on the Charter rights which are infringed as a result of the IGA. Examples of harm flow both from the IGA and the resulting compliance issue tied to the IGA flowing from FATCA. As in an analogous ground.
I’m the person Stephen mentioned in his comment, who offered to contribute part of the cost for a newspaper display ad seeking witnesses. I strongly urge others to consider doing so.
Newspapers reach a cross-section of the public, including those who don’t use the internet – and those who do, but never knew that this lawsuit (or even that FATCA and the IGA) exist, so never knew to look for such on the internet.
Even a small display ad is eye-catching. For many people who flip past articles on subjects they don’t think pertain to them, a box ad will catch their attention.
As well as attracting witnesses, a display ad carries the fringe benefit of making many people aware of this matter.
ADCS would be placing the ad in a newspaper with a large readership — and the ad will be right in front of all those eyes.
This should probably be given a separate entry, but I am having password difficulties and am just a bit lazy…
From the Financial Times:
John Dizard, “Fear and regulatory loathing makes America the top tax haven”
http://www.ft.com/cms/s/0/046e3434-f1a6-11e5-9f20-c3a047354386.html#ixzz43vNMDVxr
“Fear and regulatory pressure is pushing the globalised rich to bring tens or even hundreds of billions of portfolio investments out of Europe and into the US, and to do so within the next year and a half.
“The fear is not just created by Isis, the Islamist militant group, targeting Europe, but by the unintended consequences of the accelerating schedules European institutions face for complying with “Gatca”, an acronym for the international sharing of data among tax authorities — rules that US authorities believe bind others, but not themselves. Swiss-based investment managers will tell you that this is another example of American hypocrisy, and they are correct.”
Rest of the article can be found at the link.
I would help out with the cost of an ad. Could you tell us what cost range would be for an ad you think would be helpful?
Maybe a separate post about an ad would be helpful.
Quick question on FBARS, if someone has one account with $10,000 or more, I realize they have to file an FBAR. BUT, do they have to report all other accounts as well even if they were under the $10,000 threshold all year? The aggregate aspect of the rules is confusing to me. I have two banks accounts. One was over $10,000 last year and one wasn’t. So do I just report the one account or do both need to be reported? Thanks.
Phil, If the total is greater than 10k, then you report all accounts (even the ones with only $100).
Other than the fear of your name being made public, it’s my understanding there’s no financial risks involved with the actual cost of the lawsuit. Therefore it must be the fear of the IRS stopping people.
If I was Canadian and living in Canada I would certainly be a witness.
Perhaps it would give some potential comfort to perspective witnesses about the IRS. There must be a core of Canadians who don’t care about the IRS that will step forward. Sticking together on this issue is the only way to effect change. Otherwise the IRS will succeed with the divide and conquer mentality leaving potential witnesses in the same position in a few years time that they are in today.
People worry about the equity in their home being taxed by the IRS. A Government that would give away banking data would certainly allow the IRS open an account on the Ontario Land Registry (https://www.ontario.ca/page/search-land-property-records#section-0) allowing IRS agents to search records online from DC.
What happens if the IRS demands more and more detailed FATCA data in future allowing them even more ease to search for ‘tax prospects?’
IMO fear of the IRS can’t be based on today’s assumptions. You have to put yourself in the IRS’ shoes and use Hollywood style imagination to calculate risk. Tomorrow won’t get any better with the IRS demanding more detailed data in real time (does anyone think annual FATCA data will be the standard going forward? The IRS will want what it gets in the US – weekly data with payrolls for instance) and eventually the IRS will pressure Governments around the world into Collection Agreements allowing them to tap into the CRA’s internal tax collection process.
What is the point of the IRS being allowed to collect all this data if they can’t collect? That’s what’s really important to understand.
I’m not trying to present some sort of Project Fear mentality, but equally once the IRS feels all the administrative objections have been cleared away it will demand more and more from Canada.
@Don
It starts with this?
“Starting this summer, the province will force individuals buying property to disclose if they are citizens or permanent residents of Canada; if not, they will have to disclose their citizenship and country of residence.”
http://www.cbc.ca/news/canada/british-columbia/budget-2016-b-c-property-buyers-to-disclose-citizenship-1.3450869