Lawyer P.
ATTORNEY AT LAW
________________
Arlington, VA 22209-2004 

_________________________________________________________________________________________________________________________________________________

October 8, 2008

ATTN: Legal Department

Dear Counsel:

On May 12, 2008, Julie K. McCammon filed in the U.S. District Court fo the District of Columbia a Motion to Quash IRS Summons (case no. 1:08-mc-00298). The Court dismissed that motion on August 4, 2008 claiming lack of personal jurisdiction. On August 22, 2008, the Court also denied Petitioner’s motion for rehearing or reconsideration. On September 22, 2008, Ms. McCammon filed a Notice of Appeal. A copy of that Notice was mailed to your legal department. The United States Court of Appeals for the District of Columbia Circuit assigned a new Case Number of 08-5423.

The purpose of this letter is to inform you that the case has not been concluded and remains open. Therefore, no records of Ms. McCammon in your possession should be turned over to the IRS. What to do with those records would have to await a final court decision.

In addition, whatever records you hold for Ms. McCammon are her private property and are protected by the Fifth Amendment of the U.S. Constitution from illegal search, seizure, and/or disclosure.

I am requesting that you inform Ms. McCammon immediately in the event you receive any IRS summons or levies so that she may intervene to protect her constitutional rights. As an account holder, Ms. McCammon has a right of intervention in any legal matter which may affect her interest.

The institution is potentially liable for damages unless compulsion by legal process exists (i.e., a VALID search warrant or a levy issued by a court or by law).

__________________________________________________________________________________________________________________________________________________

I AM NOT SURE IF THIS ACT APPLIES ONLY TO LAW ENFORCEMENT, OR IT COULD APPLY FOR IRS AS WELL……..

The Right to Financial Privacy Act (12 U.S.C. 3401 et seq.) requires government agencies to provide notice and an opportunity to object before a bank or other institution can disclose personal financial information.

12 U.S.C. 3403(a) provides that “No financial institution, or officer, employee, or agent of a financial institution, may provide to any Government authority access to or copies of, or the information contained in, the financial records of any customer except in accordance with the provisions of this chapter.”

Pursuant to 3403(b), a financial institution shall not release the financial records of a customer until the Government authority seeking such records certifies in writing to the financial institution that it has complied with the applicable provisions of this chapter.

Thank you for your cooperation.
Sincerely,
Lawyer P

CERTIFICATE OF SERVICE
Chase Bank NA
One Chase Manhattan Plaza
26th Floor
New York, NY 10005-1489

Huntington Banks
230 W. Pike St.
Clarksburg, WV 26301

WesBanco
1130 Johnson Ave.
Bridgeport, WV 26330

Shopbop.com
101 E. Badger Rd.
Madison, WI 53713

QVC
1200 Wilson Dr.
West Chester, PA 19380.


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LAWYER PATRIOT