George Gaio Mano v. Janet Yellen, Secretary of the Treasury, et al.
FifthAmendment Privacy JusticiabilityDoctri
1. Everyone needs a bank account, and most financial transactions take place on the internet nowadays. Yet, a 1970 statute, the Bank Secrecy Act, gives the US government (Foreign Bank Account Report, FBAR, 31 USC §5311 et seq.) authority to demand that all American citizens, including all 8.7 million expatriates, report to the Internal Revenue Service via the Financial Crimes Enforcement Network (FinCEN) their foreign banks accounts, the account numbers, the names and locations of the banks where the accounts are located, and the highest total balance of all accounts in the past year, every fiscal year in which the sum total of all accounts exceeds ten thousand US dollars.
Does the US government's mass collection of private banking data violate the 4th, 5th, 9th, and 10th Amendments?
2. The original purpose of FBAR (the Bank Secrecy Act of 1970, Public Law 91-508) was to prevent organized crime using the bank secrecy laws of other countries to conceal illegal activities, but nowadays, most countries do not have bank secrecy laws, and countries like Japan tend to cooperate with US authorities. Then, in 2002 with passage of the USA PATRIOT ACT, FBAR was given a new purpose, a focus on terrorist financing, and enforcement was pursued more aggressively, despite the fact that a miniscule number of the 8.7 million Americans living overseas are involved in organized crime or terrorist financing.
Does FBAR serve any legitimate purpose or compelling public interest?
3. Justice Goldberg, in a concurring opinion joined by Chief Justice Warren and Justice Brennan, argued that a Right to Privacy can be found in the Ninth Amendment. Griswold v. Connecticut, 381 U.S. 479 (1965) 484-492.
Can a broad, fundamental Right to Privacy be found in the Ninth and Tenth Amendments of the US Constitution, or are those two Amendments merely empty words on paper?
4. Should California Bankers Assn. v. Shultz, 416 U.S. 21 (1974) and United States v. Miller, 425 U.S. 435 (1976) be overturned?
Does the US government's mass collection of private banking data violate the 4th, 5th, 9th, and 10th Amendments?