UPDATE SEPTEMBER 19, 2015: SEE ALSO DISCLAIMER AND LITIGATION UPDATES.
[This post, which began in May and having over 1000 revisions and 2000 comments, is being retired from service and updates. It lived through the success of reaching a total of $500,000 in donations from our kind, dear supporters who had little money to give, the hope and disappointment with the summary trial decision, and the certainty that we are now finally moving on to the Charter trial.]
CANADIAN CHARTER TRIAL UPDATE:
— We have instructed the Arvay team to prepare for the “Constitutional-Charter” trial. This means that our focus now, as it was in the beginning of our lawsuit, is on the Charter trial.
Unless there is a new expense in the future that we have not anticipated, the monies from your donations will be sufficient to take us through the “constitutional-charter” trial in Federal Court. However, to pay other legal bills we will need additional donations from our supporters, and a request for donations will appear on another post soon.
OUR LITIGATION HISTORY:
One year ago, on August 11, 2014, Litigator Joseph Arvay filed a FATCA IGA lawsuit in Canada Federal Court on behalf of Plaintiffs Ginny and Gwen, the Alliance for the Defence of Canadian Sovereignty (en français), and all peoples.
Because of a Government delay we initiated a “summary trial”, using a portion of the arguments, which offered the possibility of preventing private banking information from being turned over to the IRS before September 30, 2015. See Alliance’s Claims, our Alliance blog, and AUGUST 4-5 SUMMARY TRIAL FILINGS in LITIGATION UPDATES.
I would like to repeat these words, written in a recent Globe and Mail article about Harper Lee’s To Kill A Mockingbird:
“In the book, the institutions that were created to uphold the rights of people are used to persecute and destroy an innocent man. It applauds, instead, the individual spirit. The power of the book resides in the idea that we must all engage in fighting against oppression, no matter how small and powerless we may feel in the face of it.” (Heather O’Neill)
Ms. O’Neill has likely never heard of FATCA & CBT but her words describe our situation well!
@ Mr. A.
“… we must all engage in fighting against oppression, no matter how small and powerless we may feel in the face of it.”
And that looks like a good ADCS thought for the day.
This is an important article:
‘FATCA – Enforcement Win or Expatriate Generator?’
By Dianne C Mehany and Mark E Matthews, Caplin & Drysdale, Washington DC, USA (01/07/2015)
T”he Foreign Account Tax Compliance Act (FATCA) was enacted in 2010 in the wake of the revelations of the use of Swiss bank accounts for US tax evasion and out of a congressional desire to pursue what were supposed to be those most cunning US tax evaders. While FATCA is certainly chasing some taxpayers back into compliance, it has not generated the number of disclosures Congress likely hoped for or suspected would come. FATCA has, however, caused an explosion in expatriations for some of the country’s wealthiest taxpayers, one of several unanticipated consequences of this complex statute….”…
Discusses options for those who want to become compliant in order to renounce.
Notes why renunciation is important option.
Mark Matthews of Caplin Drysdale also said;
“..FATCA has “turned on its head how popular it is to be an American,” Matthews said. “When clients who have lived abroad for years come in, concerned about whether they have an obligation under FATCA, they sometimes react to the suggestion that their kids might be American the way one might react to a horrible medical diagnosis,” he said.
“How is FATCA going to work in a non-English-speaking, developing country where a bank clerk makes $30 per month trying to digest 500 pages in English to determine whether entities are 10 percent or more owned by U.S. people?” Matthews asked. “I personally think it’s ludicrous………..”…..
http://www.capdale.com/worldwide-tax-daily-quotes-mark-matthews-on-fatca-swatting-flies-with-atom-bombs
We know that the Cons invited someone from Caplin & Drysdale to speak to them (cabinet only?) re FATCA.
Am I right that it was Mark Matthews?
I found this post on a past IBS thread, https://isaacbrocksociety.ca/2014/04/13/we-intend-to-commence-litigation-challenging-canadian-fatca-iga-implementation-legislation-on-behalf-of-all-persons-in-canada-and-those-impacted-by-fatca-in-the-rest-of-the-world/comment-page-3/#comment-1442757 about other lawyers from Caplin & Drysdale who appeared before Canadian parliamentarians re FATCA;
“……….conclusions of Scott D. Michel and H. David Rosenbloom (http://www.capdale.com/smichel) on FATCA;
‘Implications for the U.S. Abroad’ “The most significant reaction is the sense that
FATCA is another example of strong-armed American law enforcement imposing its will on other countries without their consent..
…”FATCA-required waivers present the real likelihood of a serious conflict between FATCA and the domestic laws of other countries, and it is unsurprising that many officials abroad view this provision as an improper interference by the United States in their legal affairs….”…..
“….it is becoming increasingly apparent that the backlash from FATCA, the burden on IRS
regulation writers, and the enormous cost of compliance are not worth the tax revenue that FATCA is likely to produce or to justify the other benefits of enhanced compliance. We urge Congress, working with Treasury and the IRS, to consider the repeal of FATCA’s core provisions and the consideration of alternative approaches aimed at solving a perennial tax enforcement problem without engendering a profound anti-American reaction overseas.”
from:
VIEWPOINTS
TAX NOTES INTERNATIONAL MAY 30, 2011 • 713
“http://www.capdale.com/files/4178_FATCA%20Article.pdf
‘FATCA and Foreign Bank Accounts: Has the U.S.
Overreached?’
When MP Weston said that he invited another US tax lawyer (Mark Mathewsw who “served as IRS Deputy Commissioner from October 2003 through December 2006, overseeing a period of unprecedented growth in enforcement activity…” http://www.capdale.com/mmatthews ) from Caplin and Drysdale https://isaacbrocksociety.ca/2014/03/06/a-letter-from-john-weston-regarding-the-iga-we-need-to-educate-the-mps/comment-page-1/ to speak to the Conservative Caucus on FATCA they must have been very selective about which opinion from a Caplin and Drysdale lawyer they chose to listen to. I doubt that MP Weston or the Conservative caucus paid any attention to Scott D. Michel or Rosenbloom of the same firm, condemning FATCA in no uncertain terms, as they have in the article above. Even Mathews said; ..”..Bilateral agreements to implement FATCA are “a workaround,” said Mark Matthews, a lawyer at Caplin & Drysdale and former head of the criminal investigation division at the Internal Revenue Service. “It is clearly less airtight and bulletproof. But the (FATCA) statute as written was wholly unachievable,” he said…”.. http://www.capdale.com/mark-matthews-quoted-in-reuters-overseas-tax-dragnet-refocuses-on-country-partnerships
In any case, the Federal Cons heard from/were warned by various lawyers from Caplin & Drysdale about various aspects of FATCA BEFORE they signed the FATCA IGA.
@badger
I believe John Weston brought in Mark Matthews to pep talk the Cons.
Shortly thereafter, some Brockers were pointing to this article by quoting the same Matthews….
http://www.mainjustice.com/justanticorruption/2014/03/19/fatca-get-ready-for-the-train-wreck/
That’s very interesting, Badger. One of my major complaints I voiced to John Weston was that they brought in US lawyers who advised them on the best way for the Canadian government to comply with FATCA rather than paying heed to Canadians like Professors Christians and Cockfield – who were roundly dismissed during the Standing Committee on Finance meetings.
Sometimes what goes around, comes around.
My oh my. It’s too bad that kind of clarity hadn’t hit Mr. Matthews BEFORE he instructed the Harper caucus on the “facts” of FATCA (at the invitation of MP Weston). Tsk, tsk. Very interesting find @badger.
From the pdf “FATCA: Swatting Flies With Atom Bombs” by Amanda Athanasiou
Stunning!
Just read the latest team arvey response
Team Harper sure is petty
“… we must all engage in fighting against oppression, no matter how small and powerless we may feel in the face of it.” How very well said.
Have kids? New vote buying money this week from the Federal conservatives can help fund our challenge.
Money being sent for the first time to parents of children age 7-16. If that is you, there will be a deposit of $420 in your bank account for every child you have in that age group.
This is money we have never had before, and while I am sure we can all find ways to spend money on our kids, what better use then to send it to the constitutional challenge fund and help protect their future.
Use their vote buying money against the federal conservatives and let’s get that thermometer to the top!
I donated our $420.
What a great idea! I can’t think of a better way to spend the lump sum child tax credit than donating to ADCS. Protecting the constitutional rights of Canadian children in Canada deemed to be “US persons” by both governments. Let your MP know exactly how you’re spending the money.
Rebecca_canada: You’re my hero! So glad you realized the vote buying is just another ploy by this most mean spirited government. Hats off and to all the other Brockers as well who refuse to be complacent on this issue.
@ Rebecca
What a great way to say, “You can’t buy me and you can’t buy my child either.” I hope you’ll take Marie’s suggestion about telling your MP. If he/she is a Con, wouldn’t you love to see the look on that face?
Haven’t received the Cons con-money/bribe yet.
However, have sent ADCS a Happy Hearing card since I can’t attend in person (that will be an event in the august company of Brockers – which would have been a memory to treasure lifelong).
: )
@ Badger
Even tho you cannot attend the Vancouver court days in body, we will know your spirit is with us.
And (all) don’t forget that (I was told by the court clerk) that one can write to the court and, for a mere $15, can purchase a CD of the full court proceedings – – so no one has to miss a thing. Indeed, even tho I will be attending I’ll probably order a CD as I’m sure that over the several hours of careful listening effort, despite my hearing aids and the promise of speakers in the ceiling I’ll probably miss a number of points….
I was at my sister in law’s birthday party on Saturday. Her cousin, a Canadian born woman, has a child that was born in the US. She and her husband divorced and now the two live together in Canada. I alerted her to the issues with the US government and fatca and how her daughter, who is now 12 years old, will be affected. She was astounded last year when we had a lengthy conversation about her situation and my situation with my wife. She told me about a fellow nurse at the hospital she works at being screwed by a compliance vulture 3 months ago. She told me the girl paid over 20,000 to them and owes nothing to the USA. Mr. Harper, may god dam you for screwing Canadian’s lives out of their hard earned money! Another donation coming right up from me. this has got to stop and stop dam soon!
A relative in the U.S. today told me today the “reason” Canada can afford to spend generously on health and education is because the U.S. looks after its defence.
I explained the last time Canada faced a serious threat to its national security was back in 1812 when the U.S. invaded. But that was OK though, because Canada burnt down the White House in retaliation.
200 years later, the U.S. remains the greatest threat to the True North.
My next instalment is coming soon. In for a penny, in for a pound.
@BC_Doc, your words are always medicine for the soul.
Cheers 🙂
Folks may care to comment at http://jamaica-gleaner.com/article/lead-stories/20150722/fatca-takes-effect-next-month
@ nervousinvestor
It looks like the Jamaican government has one of its own commenting on that article — CHUCK EMMANUEL the FIRST — either that or he’s a shill for a tax prep or lawyer service. My comment is in moderation.
@EmBee
Chucky is a predictable tool on all manner of topics.
I see that most of my comments on the matter have been censored … again …..
@ nervousinvestor
Oh so they are one of those types. I’ll submit again later if mine doesn’t appear (removing the link I put in might do the trick). Looks like the moderator ponders on comments for several hours. You now have 3 comments showing up.
@Embee … indeed.
@LM, thank you for the information re; “…one can write to the court and, for a mere $15, can purchase a CD of the full court proceedings – – so no one has to miss a thing…”..
That is good to know for those of us who will be hungering for news. Glad you’re able to go. You’re right, I will be there in spirit.
Have a good and safe trip, all those intending to attend the August hearing!
@badger per @LM … Interesting about the CD for (CAD?) 15… in the US I think one would need a PACER account (paid subscription) to download documents from a proceeding that are public record.