Spearheaded by Republicans Overseas and the Jim Bopp legal team, a group of plaintiffs (including myself) previously filed a lawsuit in U.S. Court arguing the presence of “…injuries to [“]Americans[“] abroad caused by the coercion of the Foreign Account Tax Compliance Act(“FATCA”) and Intergovernmental Agreements (“IGAs”) purporting to implement FATCA….”
This lawsuit (15-250; Crawford et al.) was filed on July 14, 2015 in U.S. District Court for the Southern District of Ohio.
It begins: “… This is a challenge to the Foreign Account Tax Compliance Act (“FATCA”), the intergovernmental agreements (“IGAs”) unilaterally negotiated by the United States Department of the Treasury (“Treasury Department”) to supplant FATCA in the signatory countries, and the Report of Foreign Bank and Financial Accounts (“FBAR”) administered by the United States Financial Crimes Enforcement Network (“FinCEN”). These laws and agreements impose unique and discriminatory burdens on U.S. citizens living and working abroad…”
The U.S. Sixth Circuit Court subsequently dismissed the lawsuit because of a perceived lack of “standing” of the plaintiffs.
The U.S. Supreme Court has now declined to review the case, meaning that the decision of the lower court dismissing the lawsuit because of lack of standing of the plaintiffs — remains.
See this link for links to the recent relevant petitions and the standing arguments.
The Plaintiffs-appellants were: (a) Mark Crawford; (b) Senator Rand Paul, in his official capacity as a member of the United States Senate; (c) Roger Johnson; (c) Daniel Kuettel;(d) Stephen J. Kish; (e) DonnaLane Nelson; and (f) L. Marc Zell. The Defendants-appellees were: (1) United States Department of the Treasury; (2) United States Internal Revenue Service; and (3) United States Financial Crimes Enforcement Network.
Republicans Overseas now wants to move forward with a new FATCA-plus lawsuit having plaintiffs expressing different characteristics that would successfully deal with the “standing” issue: “… [we] will regroup to fight another day by recruiting a FATCA and FBAR victim who didn’t sign a settlement agreement with the IRS & paid one of two fines to the IRS in the following states: AR, IA, MN, MO, NE, ND, & SD. Please help us to get the word out. We are committed to take down FATCA tyranny judicially, legislatively, and administratively.”
[— Our Canadian FATCA IGA enabling legislation lawsuit will move to trial (very early next year we hope) in Canada’s Federal Court. However, we can expect that Mr. Justin Trudeau’s attorneys will use a somewhat similar argument on “harm” — that none of our plaintiffs, witnesses, or Canadian citizens turned over by our own Government to a foreign country have really been “harmed” — or even if they have been harmed, all is justified to prevent U.S. from imposing financial sanctions on Canada.]