Liberty and justice for all United States persons abroad

We are now preparing for the 2016 FATCA IGA Charter trial in Canada Federal Court

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.

2,207 thoughts on “We are now preparing for the 2016 FATCA IGA Charter trial in Canada Federal Court

  1. The Republican injunction case is on the schedule for 1:30 pm… Do not know if we will hear anything before 3 pm… keeping fingers & toes crossed that the injunction is put into place… Since our own gov’t is playing games by releasing the info before a canadian judge renders any opinion

  2. Guys however this goes down thanks to all of you and ibs. Without you guys this would have been a very dark journey.

  3. I can hear many echos of your heartfelt sentiment from so many here, george! We couldn’t do this without each other and with this Brock forum at which we’ve been fortunate to gather.

  4. My refresh button for the RO FB page is going to break soon!!!

    @George; Yes IBS has saved a lot of souls from the dark night. I will forever be grateful for each and every one of you.

  5. I’m going try to have a nap now, and when I wake I want it all to be over, or at least part of the nightmare be over…

  6. Why isn’t anyone giving updates/on going impressions as done in the Canadian suit? We should have sent an IBS’er down as an “in the field reporter”!!!

  7. @ The Mom
    I think that could be it. I forgot about the long weekend … people do like to extend them when they can. There’s likely just lawyers and the judge at the hearing so maybe it will be Tuesday before we hear anything.

  8. Re the the Moody’s article where Roy Berg states:

    “Counsel for both the plaintiffs and defendants have made compelling arguments to support their positions and to rebut their opponents’ positions. Given the complexity of FATCA and international law, their efforts are impressive. More impressive than counsels’ efforts, however, is the commitment of the court to render its decision on these frightfully complex issues on such a tight time frame. Given the stakes to the individual plaintiffs and the potential effect of the ruling on FATCA in Canada (and all IGA partner jurisdictions) and CRS, many practitioners anxiously await the court’s decision.”

    Maybe you’ve underestimated Canadians in general, Mr Berg.

    http://www.mondaq.com/article.asp?articleid=423740&email_access=on

  9. This just posted on RO’s FB page, in response to my enquiry about today’s court proceedings. Unfortunately not very revealing:

    “We are extremely happy with Mr. Bopp’s presentation of the case and his counter arguments. He is worth every penny we pay and more. The Treasury should be very disappointed because the DOJ lawyer did not ware Kamikaze bandana and cream Banzai to defend FATCA and IGAs with his live.”

  10. @ Bubblebustin
    I wonder who posted that. The bad spelling is throwing me off. What in the world is a “cream Banzai”?

  11. @Bubblebustin

    I have a feeling the Bopp team is enjoying a post-hearing steak dinner with all the trimmings, based on that somewhat mangled one-line post…

    @EmBee

    I think he meant “scream Banzai”.

  12. @ Deckard1138
    It definitely had that cell phone, auto-correct, appearance. Well I’m glad they are pleased and details will follow … I hope.

  13. Just in from RO:

    “The Dayton Federal Judge will make a decision before Sept 30. Between now and Sept 30, we have to wait and pray.”

  14. I think it’s a reference to that article where it was said that Treasury would defend FATCA with their lives, or somehting like that.

  15. So now we have TWO decisions to wait for before the end of September. The suspense is going to kill me!

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