Bernard Gelb v. Preston Niblack, Individually and as Commissioner of the New York City Department of Finance, et al.
DueProcess Securities Privacy JusticiabilityDoctri
Did the Respondents taking $500 million dollars without sending any notice to the Owners violate the Due Process Clause of the Fourteenth Amendment and this Court's precedents?
The Respondents cancel uncashed checks outstanding six (6) months after the date of issuance and take $500 million dollars without sending notice to the rightful owners (“Owners”). As a growing source of revenue, Respondents, States and Government Agencies increasingly target and seize billions of dollars in unclaimed funds without providing notice or compensation to the Owners. The questions presented are: 1. Did the Respondents taking $500 million dollars without sending any notice to the Owners violate the Due Process Clause of the of the Fourteenth Amendment and this Court’s precedents? 2. Did the Respondents taking $500 million dollars without paying just compensation to the Owners violate the Takings Clause of the Fifth Amendment and this Court’s precedents?