No. 24-5185

George Gaio Mano v. Janet Yellen, Secretary of the Treasury, et al.

Lower Court: Seventh Circuit
Docketed: 2024-07-31
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 10th-amendment 4th-amendment 5th-amendment 9th-amendment bank-secrecy bank-secrecy-act constitutional-privacy data-collection foreign-bank-account-report fourth-amendment privacy privacy-rights
Key Terms:
FifthAmendment Privacy JusticiabilityDoctri
Latest Conference: 2024-09-30
Question Presented (AI Summary)

Does the US government's mass collection of private banking data violate the 4th, 5th, 9th, and 10th Amendments?

Question Presented (OCR Extract)

question presented is: 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. The question presented is: 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. The question presented is: 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? The question presented is: 4. Should California Bankers Assn. v. Shultz, 416 U.S. 21 (1974) and United States v. Miller, 425 U.S. 435 (1976) be overturned?

Docket Entries

2024-10-07
Petition DENIED.
2024-08-15
DISTRIBUTED for Conference of 9/30/2024.
2024-08-06
Waiver of Janet Yellen of right to respond submitted.
2024-08-06
Waiver of right of respondent Janet Yellen to respond filed.
2024-07-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 30, 2024)

Attorneys

George Mano
George Gaio Mano — Petitioner
Janet Yellen
Elizabeth B. PrelogarSolicitor General, Respondent