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.
Thank you again ADCS-ADSC and the Arvay team for all your work. Hopefully Harper asks for the offered delay from the IRS thus making the stat unnecessary at this point.
Thank-you MuzzledNoMore and all those who worked on the complaint ant its submission. Best of luck!
I know everyone is busy however can someone update the information on the litigation page? The information regarding the court decision is buried in these posts. And there is other relevant information provided at the top of this post daily and it might also be lost if not re-posted elsewhere.
True. Other details in this article are shoddy but this is correct.
https://ca.news.yahoo.com/blogs/dailybrew/beware-the-risks-of-renouncing-your-u-s–citizenship-in-canada-203307241.html
FATCA makes Yahoo News, but no mention of ADCS.
Eventually there will be either a court ruling or a U.S. Treasury announcement about the following:
Somebody Canadian opens a bank account but has a U.S.A. birthplace. The customer explains that she relinquished U.S. citizenship when she took an oath to Her Majesty. Look, there’s a U.S. tourist visa stamped in her passport. That proves that the U.S. Government does not consider her a U.S. citizen. Or, here’s the papers that prove she was turned down for a tourist visa because they do not trust her to return to Canada or she has been convicted of some drug offence in Canada.
Either way, that is documentation that the U.S. Government does not consider her to be a U.S. citizen.
Big banks –under my theory that they have reached the statutory limit on size — would require a CLN because they have no incentive to expand their deposit base in that jurisdiction. The same big bank might be below statutory size limit somewhere else and might welcome her deposit. Smaller banks seeking to expand their deposit base might welcome her deposit, too.
This MIGHT be why the big banks in the Dominican Republic imposed such outrageous burdens on me, whilst Banco Santa Cruz welcomed my deposit.
@Tom
For that DYI CLN, why not show your bank a copy of the statute that says US citizens must use a US passport to enter and exit the US and a printout of your entries into the US on a non-US passport? You can always try to argue that the US wouldn’t have allowed you entry if they’d still considered you to be a US citizen. The worst that could happen is that the bank will refuse to open the account for you now that the IRS requires them to reject you if you are unable or unwilling to certify you aren’t a US person. This definitely wouldn’t have a chance of working though, if what you say is true that some big banks are just looking for a way to discriminate against account applicants – which FATCA now provides the legal cover for them to do.
Here’s an overview of the system that tracks your entries and exits into the US. In one case, a traveller’s exit wasn’t recorded which gave the appearance that they had exceeded their time allowed on a visitor’s visa (snowbirds beware):
http://www.keatsconnelly.com/2014/06/urgent-check-your-border-crossing-records/