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Letantia Bussell v. United States

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 16-55272 · judgment October 25, 2017


Certiorari denied · April 30, 2018
Pre-decision estimate: 3% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

  1. Will the Eighth Amendment permit a forfeiture of half of an account’s value, potentially millions of dollars, and, in this case, more than $1 million, based merely on a failure to report the account, and even if the funds in the account have already been identified and taxed?

  2. Can the treaty between the United States and Switzerland on dual taxation, which is restricted to disclosure of tax information, be used to obtain information for non-tax uses, such as the existence of a foreign account held in violation of the Foreign Bank Account Report (FBAR) requirement?

Counsel of record

For petitioner
Victor Sherman
Law Offices of Victor Sherman

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Apr 30 2018
    Petition DENIED.
  2. Apr 11 2018
    DISTRIBUTED for Conference of 4/27/2018.
  3. Apr 10 2018
    Reply of petitioner Letantia Bussell filed. (Distributed)
  4. Mar 28 2018
    Brief of respondent United States in opposition filed.
  5. Feb 26 2018
    Motion to extend the time to file a response is granted and the time is extended to and including March 28, 2018.
  6. Feb 23 2018
    Motion to extend the time to file a response from February 26, 2018 to March 28, 2018, submitted to The Clerk.
  7. Jan 22 2018
    Petition for a writ of certiorari filed. (Response due February 26, 2018)