jct74
07-16-2016, 01:00 PM
Sen. Rand Paul Urges 6th Circ. To Revive FATCA Suit
By John Kennedy
July 6, 2016
U.S. Sen. Rand Paul, R-Ky., and several current and former U.S. citizens living abroad took their challenge to the Foreign Account Tax Compliance Act to the Sixth Circuit on Tuesday, arguing that the lower court erred in ruling that none of them have standing to sue.
The plaintiffs say that FATCA, intergovernmental agreements unilaterally negotiated by the U.S. Department of the Treasury, and the Report of Foreign Bank and Financial Accounts that’s run by the U.S. Financial Crimes Enforcement Network all impose unique and discriminatory burdens upon U.S. citizens living and working abroad.
In April, U.S. District Judge Thomas Rose ruled that Paul and nine others lacked standing to bring any of the eight claims even if they added more plaintiffs and facts in a proposed amended complaint, a decision that Paul and the others now say was incorrect.
...
Paul and the others opposed this finding Tuesday, saying that the high court also expressly said that its holding in Miller doesn’t apply to the bulk data-collection disclosure of people not suspected of wrongdoing, without judicial oversight, which is at issue in the instant case. They argue that people do have a reasonable expectation of privacy regarding their financial records.
...
read more:
http://www.law360.com/articles/814599/sen-rand-paul-urges-6th-circ-to-revive-fatca-suit
(link to bypass paywall)
https://www.google.com/url?https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&uact=8&ved=0ahUKEwje1P2w1PjNAhVFLyYKHWuZBUIQFggeMAA&url=http%3A%2F%2Fwww.law360.com%2Farticles%2F81459 9%2Fsen-rand-paul-urges-6th-circ-to-revive-fatca-suit&usg=AFQjCNGx31En41JGOf9HC30M2nB_LeCoiQ
By John Kennedy
July 6, 2016
U.S. Sen. Rand Paul, R-Ky., and several current and former U.S. citizens living abroad took their challenge to the Foreign Account Tax Compliance Act to the Sixth Circuit on Tuesday, arguing that the lower court erred in ruling that none of them have standing to sue.
The plaintiffs say that FATCA, intergovernmental agreements unilaterally negotiated by the U.S. Department of the Treasury, and the Report of Foreign Bank and Financial Accounts that’s run by the U.S. Financial Crimes Enforcement Network all impose unique and discriminatory burdens upon U.S. citizens living and working abroad.
In April, U.S. District Judge Thomas Rose ruled that Paul and nine others lacked standing to bring any of the eight claims even if they added more plaintiffs and facts in a proposed amended complaint, a decision that Paul and the others now say was incorrect.
...
Paul and the others opposed this finding Tuesday, saying that the high court also expressly said that its holding in Miller doesn’t apply to the bulk data-collection disclosure of people not suspected of wrongdoing, without judicial oversight, which is at issue in the instant case. They argue that people do have a reasonable expectation of privacy regarding their financial records.
...
read more:
http://www.law360.com/articles/814599/sen-rand-paul-urges-6th-circ-to-revive-fatca-suit
(link to bypass paywall)
https://www.google.com/url?https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&uact=8&ved=0ahUKEwje1P2w1PjNAhVFLyYKHWuZBUIQFggeMAA&url=http%3A%2F%2Fwww.law360.com%2Farticles%2F81459 9%2Fsen-rand-paul-urges-6th-circ-to-revive-fatca-suit&usg=AFQjCNGx31En41JGOf9HC30M2nB_LeCoiQ