Liberty and justice for all United States persons abroad

Class Action Lawsuit Forming Against FATCA

This seems to be a class action suit, based in Delaware, against FATCA.

http://armstrongeconomics.com/2014/12/16/class-action-lawsuit-forming-against-fatca/

Martin Armstrong may be brilliant. He also spent seven years in prison for contempt of court relating to security fraud charges, only released in 2011. Delaware of course is a notorious tax haven. Do we want to approach him, be associated with him? Maybe, maybe not. Such an association could confirm our enemies in their opinion that we are tax evaders.

OR…is he just forwarding contacts to the lawsuit already underway in DC?

92 thoughts on “Class Action Lawsuit Forming Against FATCA

  1. @ShadowRaider

    Here is the response from Solomon Yue about pursuing CBT as unconstitutional:

    Solomon Yue ‏@SolomonYue 13m13 minutes ago

    @JCDoubleTaxed @RepubAbroadHK u raise 1st $60K, I retain Bopp 2 study CBT’s constitutionality/report if we can claim it is unconstitutional.

  2. @Bubblebustin

    “To keep the lights on so we can find our way back, apparently.”

    It took me while to get it, but that is was a good one.

  3. Shadow Raider: Your paper on the unconstitutionality of CBT is thoroughly compelling and I’d love to see it here under Resources or Important Information. Would you like it to be linked there? I can check into having that done if you would like. Most importantly, I’d like the U.S. Congress to read it, take it to heart, and get CBT scrapped once and for all, no lingering vestiges like exit taxes.

  4. My question is… how is it possible that the Republicans can’t raise the funds as quickly as the ADCS did to start the ball rolling… we are the *little people* who gave whatever we could… the Republicans have members with deep pockets which none of us have… yet they can’t get the funds together to start… without an injuction in the US to stop the start of the collection… what is the point… they will have all the info they need… right or wrong… if the republicans win the lawsuit… the info will be sitting in a *secret* database in the US probably part of the NSA or whatever other letters they make up

  5. @US_Foreign_Person

    You ask:

    My question is… how is it possible that the Republicans can’t raise the funds as quickly as the ADCS did to start the ball rolling… we are the *little people* who gave whatever we could… the Republicans have members with deep pockets which none of us have… yet they can’t get the funds together to start

    The answer to your question is in your question itself. Only the “little people” will donate. But what the ADCS fundraising has demonstrated is that you can do this with “little people”. The Republican fundraising efforts are proving this point.

  6. Certainly only the “little people” would donate to ADCS (I had always thought it unrealistic that deep pocketed dual-citizen sports pros, etc would see any reason to donate – they’re rich, they have accountants, they’re compliant).

    However, the US is a different kettle of fish. In the US there’s a hate-on between Republicans and Democrats that’s massive. The Republicans also have *many* deep pocketed supporters (e.g. Koch brothers as others have mentioned). So, why wouldn’t some of these deep pocketed Republicans throw some pocket change at an effort that has the real potential to cause Obama and the Democrats some major embarrassment? It seems like it should be a no-brainer.

    OTOH, I don’t see Republicans in the US getting serious about CBT. They either already know, or likely at least suspect, that expat USCs tend to naturally vote Democrat. So, any gains Republicans make with expats would likely evaporate once CBT was replaced with RBT. For this reason, the Republicans’ optimum strategy would be to keep talking a lot about the evils of CBT, but do nothing concrete.

    My cynical 2 cents.

  7. They won’t be voting Democrat for much longer. Once the first catch from FATCA’s expat round up begins in 2015.

  8. A sampling of dual citizen sports pro’s from Calgary Stampeders, 2014 Grey Cup Champions, http://www.stampeders.com/roster/index (International designates = mainly USA):

    0 Palmer, Bo RB National 5.09 190 1990-03-07 Simon Fraser
    1 Shell, Lin-J DB International 6.00 201 1981-10-22 Jacksonville
    2 Sanders, Jock RB International 5.07 191 1988-06-14 West Virginia
    3 Sinopoli, Brad WR National 6.04 215 1988-04-14 Ottawa
    4 Tate, Drew QB International 6.00 191 1984-10-08 Iowa
    6 Maver, Rob P National 6.00 201 1986-03-12 Guelph
    7 Turner, Junior DL National 6.03 281 1988-09-02 Bishop’s
    8 Bennett, Fred DB International 6.01 192 1983-12-31 South Carolina
    9 Cornish, Jon RB National 6.00 219 1984-11-05 Kansas
    11 Bell, Joshua DB International 6.00 174 1985-01-08 Baylor
    12 Simpson, Juwan LB International 6.03 234 1984-07-08 Alabama
    14 Walter, Matt RB National 5.10 217 1989-07-20 Calgary
    16 McDaniel, Marquay SB International 6.00 206 1984-04-20 Hampton
    17 Price, Maurice WR International 6.01 206 1985-09-11 Charleston Southern
    19 Mitchell, Bo Levi QB International 6.02 196 1990-03-03 Eastern Washington
    20 Moniz, Bryant QB International 6.00 200 1989-01-01 Hawaii
    21 Berger, Adam DB National 6.00 207 1990-06-28 Simon Fraser
    24 MacDougall, Keenan LB National 6.02 216 1990-03-18 Saskatchewan
    25 Raymond, Keon DB International 5.10 198 1982-11-27 Middle Tennessee St.
    26 Cote, Rob RB National 6.01 225 1986-07-05 Victoria Rebels
    27 Hecht, Jeff DB National 5.10 214 1985-09-24 Saint Mary’s
    28 Smith, Brandon DB International 5.10 186 1984-08-21 Sacramento State
    29 Wall, Jamar DB International 5.10 196 1988-01-10 Texas Tech
    30 Paredes, Rene K National 5.11 197 1985-05-15 Concordia
    31 Fuller, Jeff WR International 6.04 217 1990-04-20 Texas A&M
    32 Underwood, Brandon DB International 6.01 191 1986-06-24 Cincinnati
    33 Charles, Hugh RB International 5.08 193 1986-01-07 Colorado
    34 Mallett, Martell RB International 6.00 208 1986-05-13 Arkansas-Pine Bluff
    35 St. Pierre, Tim RB National 6.00 230 1986-04-18 Saint Mary’s
    36 Love, Glenn LB International 6.04 225 1989-06-08 UCLA
    37 Williams, Jeremy DB International 6.00 204 1991-08-09 Henderson State
    38 Jackson, Buddy DB International 6.01 189 1989-03-03 Pittsburgh
    39 Hughes, Charleston DL International 6.01 250 1983-12-14 Northwood University
    40 Lemon, Shawn DL International 6.02 251 1988-08-25 Akron
    41 Thibault, Adam DB National 6.00 202 1990-03-26 Laval
    42 Mayo, Deron LB International 5.11 225 1988-03-28 Old Dominion
    43 Caron, Max LB National 6.02 236 1989-08-20 Concordia
    44 D’Aguilar, Ben DL National 6.02 236 1989-09-12 McMaster
    45 McCartney, Karl LB National 6.00 233 1987-11-29 Saint Mary’s
    46 Power, Charlie RB National 6.03 239 1991-06-01 Saskatchewan
    47 Bomar, Maalik LB International 6.01 226 1990-08-01 Cincinnati
    48 Carter, Yannick LB National 6.01 220 1984-02-05 Wilfrid Laurier
    50 Wilson, Spencer OL National 6.06 303 1988-04-07 Calgary Colts
    51 Whonder, Akeem LB National 5.11 224 1989-05-18 Windsor
    53 Erdos, Brad OL National 6.03 299 1990-04-26 Simon Fraser
    56 Chevrier, Randy LS National 6.02 251 1976-06-06 McGill
    57 Peach, Billy OL National 6.04 295 1990-03-28 Jacksonville
    58 Craighead, Brander OL National 6.07 300 1990-09-08 Texas-El Paso
    60 Bergman, Shane OL National 6.07 330 1990-02-09 Western
    62 Harrison, Edwin OL International 6.04 291 1984-11-18 Colorado
    63 Lavertu, Pierre OL National 6.03 298 1990-05-11 Laval
    65 Federkeil, Dan OL National 6.07 306 1983-11-09 Calgary
    66 Bryant, Stanley OL International 6.05 313 1986-05-07 East Carolina
    69 Jones, Brett OL National 6.02 318 1991-07-29 Regina
    80 Rogers, Eric WR International 6.03 210 1991-02-12 California Lutheran
    81 Arthur, Jabari SB National 6.04 223 1982-08-28 Akron
    82 Lewis, Nik SB International 5.10 240 1982-06-03 Southern Arkansas
    83 Bauman, Chris SB National 6.04 212 1984-09-05 Regina
    85 West, Joe WR International 6.01 202 1984-02-01 Texas-El Paso
    86 Parker, Anthony WR National 6.02 217 1989-11-21 Calgary
    87 Charbonneau-Campeau, Simon WR National 6.04 211 1988-05-02 Sherbrooke
    88 Jorden, Kamar WR International 6.03 205 1989-05-17 Bowling Green
    89 Cunningham, Sederrik WR International 5.11 199 1989-07-14 Furman
    90 Smith, Quinn DL National 6.02 300 1991-09-19 Concordia
    91 Evans, DeQuin DL International 6.03 264 1987-05-17 Kentucky
    92 Jordan, Brandon DL International 6.05 255 1988-09-17 Illinois
    93 Johnson, Micah DL International 6.02 276 1988-06-22 Kentucky
    94 Beltre, Frank DL International 6.02 240 1990-01-28 Towson
    95 Bishop III, Freddie DL International 6.04 265 1990-02-25 Western Michigan
    96 Bolden, Demonte’ DL International 6.05 285 1985-11-17 Tennessee
    99 Mace, Corey DL National 6.03 286 1985-12-22 Wyoming

    How many and how will they be affected by FATCA?

  9. @calgary411

    They probably had better professionals to take care of their funds… Hockey players who play in the major leagues… get help in their investments, taxes, etc from people who deal with it all the time…

  10. You’re likely correct, US_Foreign_Person. Let the little guy eat cake and support their own litigation — the reason none such (so far) will stand up for our cause.

  11. @calgary411

    Its the wording… *tax evading* that throws people off… I chat up with people about this situation… they all seem to think rich & living on an isle… then they realize… they are screwed like me… their ah-ha moment… just like mine

  12. Yes, US_Foreign_Person,

    Besides US-defined US citizenship, the US has also given us our own “brand” — tax evader and traitor as we see ourselves so often portrayed in the media. But, as Stephen Kish says, inch by inch for the money need for litigation and for getting the correct story before the public.

    Every donation, no matter the size, counts as we slowly reach our February 1st goal: http://www.adcs-adsc.ca/.

  13. @USFP

    Thank your for drawing attention to RO’s post in FB. Here is the text:

    Republicans Overseas

    Beau and Kevin, There are two major reasons we picked 2017 as the year to repeal FATCA and replace CBT with RBT legislatively. First of all, the GOP House and GOP Senate do not have votes to overcome Obama’s veto in 2015 or 2016. We can’t count on Democrat votes to overcome the veto. We were told at the Lee/Bopp’s AARO breakfast event in Paris by Joe Smallhoover, leader of Democrats Abroad (DA) France that none of Democrat lawmakers in Congress would vote to repeal FATCA because they do not want to be seen as 1) opposing their president and 2) helping “FAT CAT” tax cheats per DA “Door Knock” Teams internal report. Secondly, repealing FATCA legislatively requires political air support for GOP lawmakers like the landing of Normandy was supported by allies’ naval bombardments. Our FATCA lawsuit not only provides air support with headlines like “America’s super lawyer Jim Bopp challenging FATCA constitutionality
    in Federal court”, but also relieves expats suffering out there by crippling FATCA’s enforcement regime. You can also help prepare the FATCA beach landing by putting pressure on federal lawmakers in both parties and by providing us your voter registration name in the state where you voted in 2014. We will verify your voting record with your Secretary of State office so we can forward your comment on RO FB to your Congressmen and Senators. We need to demonstrate that there are a lot of angry single issue – FATCA voters abroad for 2016 because some incumbents may run on repealing FATCA as a campaign issue.

  14. @Bubblebustin

    Thanks… not as techie as the rest of u… I speak a couple of language & I am still puzzled by twitter… lol

  15. @bubblebustin

    This is exactly why CBT needs to be attacked through litigation rather than everyone holding their breath for “possible” legislation in 2017, whereby if Hillary wins the presidency, it will be vetoed for sure.

    Hillary is good buds with Chuck Schumer, the anti-christ for expats.

  16. From RO’s FB post:

    Beau and Kevin, There are two major reasons we picked 2017 as the year to repeal FATCA and replace CBT with RBT legislatively. First of all, the GOP House and GOP Senate do not have votes to overcome Obama’s veto in 2015 or 2016.

    Obama may or may not veto an RBT bill. You know, he may actually sign one. He’s in legacy-building mode now, able to do things that might have seemed politically risky earlier. What better legacy than to free retired pensioners abroad, and calgary411’s disabled son, from the threat of excessive fines and penalties on their meager scratchings abroad? Obama would actually have less reason to veto it than a freshly sworn-in President Clinton would.

    Even if he does veto it, it will provide a litmus test for Congressional representatives, so that overseas voters can know whom to vote for and against in 2016. It would also just be a show of good faith; I don’t trust either party any more, after years of bipartisan efforts to make life more and more difficult for Americans abroad.

    Secondly, repealing FATCA legislatively requires political air support for GOP lawmakers like the landing of Normandy was supported by allies’ naval bombardments.

    I have no idea what the heck this is supposed to mean.

  17. @foo

    Both sides don’t want voters saying they are protecting tax evaders… One way I see… they can do something to stick a fork in the IGAs… who has the legal authority to enter these agreements & who can set the punishment if u don’t sign… Some of these countries… like India… are under the impression they will get a list like they will provide to the US… India is on the hunt for *black money*… they haven’t had much luck…

  18. @US_Foreign_Person:

    Both sides don’t want voters saying they are protecting tax evaders…

    Sure, and I don’t want them protecting tax evaders, either. But we’re not talking about tax evaders here. We’re talking about the persecution of innocents via unjust laws.

    If they cannot express that simple point with conviction, their support is only skin deep anyway.
    I mean, they’re the politicians, they’re the ones who set the terms of the discussion. If they can’t get the point across, who can?

  19. @George
    I also think that the expatriation aspect should be pushed. Just as I beleve that the CBT, FATCA, and IGA dominoes should all be pushed. At the very least, when trying to talk sense to the homelanders on the subject, you can at least make them say they don’t want you to be free. They don’t understand most of the financial stuff anyhow.
    I don’t know about you guys, but when I come back from a trip to the US, I have a sore and swollen tongue from the number of times I’ve had to bite it. Every time someone says “freest country on earth”, it’s all I can do, to not mention that it’s probably outside the top 20 in that category. That wouldn’t be a political statement there, that would be blasphemy….and fightin’ words.
    If there was a huge wave of expatriations, it would force them to take a more serious look at CBT, FATCA, and all.

  20. @Foo,

    Your point that residence-based taxation legislation (which might pass or fail) should be introduced by the Republican majorities during the next two years (don’t wait for 2017) is also mentioned by “Beau” on the Republicans Overseas (RO) FB site:

    “2017? By then, FATCA will have decimated many lives of Americans Abroad. We need to start seeing some action and not always be told to donate and vote. Republicans hold both houses.

    Before I vote or give cash to a republican, I will wait to see if a bill is introduced to change from CBT to RBT.

    We have been hearing a lot of talk lately, need to see some action in early 2015.”

    https://www.facebook.com/republicansoverseas/posts/330267830490352

    But you logically extend the argument even further when you say:

    “Even if he [Mr. Obama] does veto it, it will provide a litmus test for Congressional representatives, so that overseas voters can know whom to vote for and against in 2016.”

    There must be a lot of U.S. citizen (potential) voters overseas who feel just as you do. Perhaps some of them (who use FB) could make the same point on the public RO FB site.

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