IRS Goes After Cryptocurrency User Data 

NCLA Litigation Counsel Adi Dynar joins the show to discuss thelawsuit James Harper v. Charles P. Rettig, et al. NCLA contends the IRS violated his Fourth and Fifth Amendment constitutional rights by obtaining his private financial information from virtual-currency exchanges without following statutory limitations on its power to issue subpoenas.

In August 2019, James Harper received a letter from the IRS accusing him of not having “properly reported” his “transactions involving virtual currency.” A press release followed shortly thereafter stating, “Taxpayers should take these letters very seriously” and “correct past errors.” Mr. Harper, one of more than 10,000 cryptocurrency holders who received such a letter, filed a lawsuit challenging the IRS’s questionable information-gathering practices.

Read more about the case here: https://nclalegal.org/james-harper-v-charles-p-rettig-et-al/

The New State Bar Association Rules That Restrict Speech 

NCLA Senior Litigation Counsel Peggy Little joins the show to discuss the new state bar association rules that restrict speech. ABA Model Rule 8.4(g) is intended to “more effectively guard against harassment and intimidation in the legal community,” but its vague language exposes attorneys to discipline even if they lack any intent to discriminate against others.

Because “harassment” has no fixed meaning, bar officials would be free to adopt an expansive definition in cases involving speech they find distasteful, declare that the speaker “reasonably” should have been aware of that definition, and impose career-ending sanctions on the speaker. The Model Rule does not even require a showing that the lawyer intended to discriminate against or harass anyone. These defects will inevitably chill attorneys’ speech in the future.

Nearly 20 states have either completely or largely rejected the adoption of ABA Model Rule 8.4(g) because of its infringement on free-speech rights.

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