Today on behalf of Presidential candidate, Senator Rand Paul, and six other co-plaintiffs, Republicans Overseas Action, Inc. (ROA) filed a 44-page Plaintiff’s Preliminary-Injunction Reply responding to the 57-page DOJ Defendants’ Memorandum in Opposition to Plaintiffs’ Motion for Preliminary Injunction in the U.S. District Court for the Southern District of Ohio.
Documents related to the FATCA lawsuit.
Plaintiffs have standing under Lujan v. Defenders of Wildlife, 504 U.S. 555, 560-61
(1992). Americans living abroad were the specific objects of FATCA, the IGAs, and
FBAR. Those provisions cause unique and discriminatory injuries on Americans living
abroad. Plaintiffs are among those affected, and requested relief will redress their injuries.
Defendants U.S. Department of Treasury, Internal Revenue Service, and Financial Crimes Enforcement Network (collectively “Defendants” or “Government”) submit this memorandum in opposition to plaintiffs’ motion for preliminary injunction (Doc. No. 8).
Plaintiffs moved for expedited review of their Motion for Preliminary Injunction (Doc. No. 8) on July 22. Defendants filed their response (Doc. No. 10) on July 24. Plaintiffs now timely reply.
Plaintiffs’ request to expedite consideration of their preliminary injunction motion will
not prejudice Defendants.
The defendants United States Department of the Treasury, United States Internal Revenue Service, and United States Financial Crimes Enforcement Network oppose plaintiffs’ motion for expedited review (Doc. No. 9) of their motion for preliminary injunction (Doc. No. 8), which was filed on July 22, 2015. Plaintiffs have asked that the defendants’ response to the motion for preliminary injunction be due within 14 days, i.e., by August 5, 2015. The request (1) violates local rules, (2) is impractical, (3) is overbroad, and (4) is unsupported.
Ten Detailed Points on ROA FATCA/IGAs/FBAR Lawsuit
1) Republicans Overseas Action, Inc. challenges the Foreign Account Tax Compliance Act (FATCA), the intergovernmental agreements (IGAs) unilaterally negotiated by the U.S. Treasury to supplant FATCA in the signatory countries, and the Report of Foreign Bank and Financial Accounts (FBAR) legal requirements in the U.S. district court for the Southern District of Ohio on behalf of seven plaintiffs. The U.S. District Court of the Southern District of Ohio is in the jurisdiction of U.S. Court of Appeals for the Sixth Circuit.
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Plaintiffs move for preliminary injunctive relief on all counts set forth in their complaint to repeal FATCA.
Today on behalf of Presidential candidate, Senator Rand Paul along with other six co-plaintiffs (A summary description of each plaintiff is attached), Republicans Overseas Action, Inc. (ROA) challenges the Foreign Account Tax Compliance Act (FATCA), the intergovernmental agreements (IGAs), and the Report of Foreign Bank and Financial Accounts (FBAR) in the U.S. District Court for the Southern District of Ohio.
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.
1) Plaintiff U.S. Senator Rand Paul: Through FATCA, the Executive Branch is attempting to usurp Congress’s constitutional power to approve international tax agreements and override the law written by Congress simply because the IRS and US Treasury would prefer to enforce a different law. Senator Paul has been a vocal opponent of FATCA from the beginning. He has introduced legislation to repeal parts of FATCA in 2013 and 2015 and opposed international tax treaties in the Senate related to FATCA. However, because the Treasury Department and IRS have refused to abide by the constitutional framework for concluding international agreements, Senator Paul has been denied the opportunity to exercise his constitutional right as a member of the U.S. Senate to vote against the FATCA IGAs.