Your money has no Fifth Amendment protections in the US

Written by Andrew Henderson

When they think you owe them money, the government isn’t as much about freedom as you’d like to think.

Savvy Nomad Capitalists know that “the land of the free” has become little more than a propaganda tool to convince Americans to stay put, because it couldn’t be any better anywhere else. In large part, it’s worked, keeping even patriotic fiscal conservatives chanting those five magic words.

For five unidentified (read: yet-to-be-identified) taxpayers, there is no freedom and no Constitutional protection, when it comes to your money. Those five were recently ordered by a US District Judge in Manhattan to turn over information about foreign bank accounts they are believed to have. The judge rejected their claim that being forced to do so violated the Bank Secrecy Act and more importantly, the right against self-incrimination in the Fifth Amendment of the Constitution.


The judge claimed the obscure “Required Records Act” as the reason for the demand. Would you really expect the US government to not have a provision to force you to hand over your money when it was politically expedient, even if it violated the Constitution?

Many US citizens have been so brainwashed that they will always boast of America having the greatest system in the world no matter what constitutional provisions are violated through a back door.

That does not mean that circumventing protections like those designed to allow Americans to protect themselves against a money-grubbing government should be acceptable. To go that route is to accept permanent defeat, because most people will always be too uninformed to recognize or even are that the government will find whatever way it can around your “constitutional rights” and then claim it’s not violating the Constitution because of such-and-such law.

You know better. While I don’t advocating violating the law, I do advocate investigating a second passport and having a legal foreign bank account to protect yourself from whatever Constitution-trampling law your local bureaucrats come up with next.

Andrew Henderson
Last updated: Dec 30, 2019 at 12:22PM

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1 Comment

  1. Ms Tru North

    Does anyone know what the case citation for this is? Also, where can I
    access copies of the filed brief and of the District Court’s decision?
    Are these Americans going to appeal the District Court decision? Also
    are these non-resident Americans , whose accounts held domestically in
    their country of residence are being treated by the U.S. government as
    “foreign” accounts? Thanks. It isn’t over until the Supreme Court
    rules, and there are far more holes in FATCA, CBT, and FBAR than were
    raised in this proceeding. If you are interested in controuting to a
    Supreme Court challenge of FATCA and CBT (a separate brief will have to
    be directed at FBAR), please contact me at [email protected].
    Although the U.S. government’s motivation to try to blow past the
    Constitution is an attempt to execute a money grab from non-resident
    U.S. citizens, taxation is not really the issue here. What makes FATCA
    and CBT and even FBAR so dangerous to every American is that it attempts
    to use policy to create a new class of .U.S. citizen called “U.S.
    Person”. The Supreme Court ruled as recently as 1967 that no agency or
    even Congress can alter the definition of citizenship. The 14th
    Amendmnet of the Constitution defines and governs U.S. citizenship. The
    14th Amendment has to be changed in order for any change in citizenship
    can be effected. Justice Black made it very clear, in 1967, that the
    U.S. Constitution alone defines and governs citizenship. What is
    dangerous about FATCA and CBT and FBAR, is today a government’s
    motivation is a money grab from non-resident Americans–a grab
    attempting by deeming non-resident citizens to be “U.S. Persons” rather
    than U.S. citizenship, and then not entitling this policy-generated
    class of “U.S. Person” with the same rights and services that are
    rendered to U..S. citizens resident in the U.S. If FATCA, CBT, and
    FBAR go unchallenged–it will probably have to go all the way to the
    Supreme Court–various sitting U.S. governments could use policy to
    create yet other classes of U.S. citizenship with their own limited
    privileges and access to government financial benefits and services. I
    hope you will decide to protect the integrity of U.S. citizenship by
    joining and supporting our working group.