Standing to Sue a Bank for Refusal to Open a Nonresident alien Unenumerated Account with No withholding or reporting

1. Forms that may prevent the need to litigate for use in opening the account

1. About IRS Form W-8BEN, Form #04.202
   https://sedm.org/Forms/04-Tax/2-Withholding/W-8BEN/AboutIRSFormW-8BEN.htm
2. W-8SUB, Form #04.231
   https://sedm.org/Forms/04-Tax/2-Withholding/W-8SUB.pdf

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2. Enumeration of Standing

1. You’re a nonresident alien per 26 U.S.C. §7701(b)(1)(B) and the bank can’t change that or force you to have a “U.S. person” status.
2. You submitted the proper withholding paperwork accurately describing your private status:
   W-8SUB, Form #04.231
   https://sedm.org/Forms/04-Tax/2-Withholding/W-8SUB.pdf
3. You’re not engaged in a trade or business so you don’t need a number to open an account. 26 C.F.R. §301.6109-1(b). KYC rules don’t change that. See:
   Money Laundering Enforcement Scam, Form #05.044
   https://sedm.org/Forms/05-MemLaw/MoneyLaunderingScam.pdf
4. 42 U.S.C. §408(a)(8) makes it a misdemeanor to compel use of the number.
5. Bank is acting as agents of uncle by virtue of receiving FDIC insurance. 31 C.F.R. §202.2(a)(1). So they have to protect your constitutional rights like uncle under the state action doctrine.
6. They are violating your right to not associate and compelling servitude/human trafficking by compelling the use of the #.
7. Damages are:
   7.1. Theft of property by withholding against a non-alien in violation of 26 U.S.C. §1461.
   7.2. Fraudulent reporting using 1099.
   Correcting Erroneous Information Returns, Form #04.001
   https://sedm.org/Forms/04-Tax/0-CorrErrInfoRtns/CorrErrInfoRtns.pdf
   7.3. Compelled to prepare a tax return to claim assets falsely characterized as withholding.
   7.4. Involuntary servitude, taking of property (services), and a violation of due process.
   7.5. Identity theft. See:
   Identity Theft Affidavit, Form #14.020
   https://sedm.org/Forms/14-PropProtection/Identity_Theft_Affidavit-f14039.pdf

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3. Situational concerns

1. There are presently no statutes federally that prohibit banking discrimination. All the discrimination laws relate to LENDING.
2. Some states implement banking discrimination laws, but this is a new area of legislation.
3. The CFPB that would implement such things federally has been disbanded or downsized by President Trump.
4. You can find more on banking discrimination at:
   Money Banking, and Credit Topic, Section 8.7: Banking Discrimination
   https://famguardian.org/Subjects/MoneyBanking/MoneyBanking.htm#Banking_Discrimination
5. If you want an example of how to sue for banking discrimination of “de-banking”, look up sample lawsuits to that effect in your favorite case search tool.

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4. Sample court complaint

Here’s a sample pleading formatted as a Verified Complaint for Declaratory and Injunctive Relief and Damages. It synthesizes the claims under statutory, constitutional, and jurisdictional frameworks:

IN THE UNITED STATES DISTRICT COURT

[Insert District, e.g., District of Columbia or appropriate federal venue]

[Your Legal Name], a free and sovereign individual, not a statutory civil franchise or U.S. person, Plaintiff,

v.

[Bank Name], a federally insured financial institution and agent of the national government, Defendant.

Case No.: [To be assigned] VERIFIED COMPLAINT For Declaratory and Injunctive Relief and Damages

I. INTRODUCTION & JURISDICTION

1. This action is brought under the First, Fifth, and Thirteenth Amendments, 42 U.S.C. §1983, 42 U.S.C. §408(a)(8), and 28 U.S.C. §§1331, 1343, and 2201, seeking to protect Plaintiff’s right to remain free from compelled civil association and involuntary servitude in the form of federal identity conversion.
2. Defendant receives FDIC insurance pursuant to 31 C.F.R. §202.2(a)(1) and is therefore acting as an agent of the United States subject to constitutional limitations under the state action doctrine.

II. PARTIES

3. Plaintiff is a nonresident alien per 26 U.S.C. §7701(b)(1)(B) and not engaged in a trade or business within the United States, and is therefore exempt from furnishing any Taxpayer Identification Number (TIN) to open a financial account pursuant to 26 C.F.R. §301.6109-1(b).
4. Defendant is a national bank with FDIC backing, acting under color of federal law and in cooperation with Treasury compliance enforcement practices.

III. FACTUAL BACKGROUND

5. Plaintiff submitted appropriate withholding documentation (W-8SUB, see Form #04.231) accurately asserting private status, constitutional domicile, and nonresident alien classification.
6. Defendant refused to open Plaintiff’s account unless he/she provided a TIN or SSN, despite:
   • Plaintiff not being engaged in a trade or business;
   • Plaintiff not qualifying as a U.S. person;
   • And federal law barring mandatory number submission under 42 U.S.C. §408(a)(8).
7. Plaintiff relied upon legal education materials including Money Laundering Enforcement Scam, Form #05.044 demonstrating that so-called KYC requirements are contractual enforcement mechanisms, not statutory mandates applicable to constitutionally exempt persons.

IV. CLAIMS FOR RELIEF

COUNT I – DECLARATORY RELIEF

8. Plaintiff seeks a judicial determination that:
   • Plaintiff is not required by law to furnish a SSN/TIN;
   • Plaintiff is not a U.S. person for Subtitle A purposes;
   • Defendant’s refusal violates statutory law, constitutional protections, and federal withholding regulations.

COUNT II – INJUNCTIVE RELIEF

9. Plaintiff seeks an order enjoining Defendant from:
   • Compelling SSN/TIN disclosure;
   • Refusing account access based on private constitutional status;
   • Reporting any financial activity under IRS Form 1099 or other statutory franchise identifiers.

COUNT III – VIOLATION OF 42 U.S.C. §1983

10. As an FDIC-insured entity, Defendant is engaged in state action and has:

• Violated Plaintiff’s freedom of association (First Amendment);
• Imposed compelled servitude by demanding SSN/TIN (Thirteenth Amendment);
• Deprived Plaintiff of property and liberty without due process (Fifth Amendment).

COUNT IV – STATUTORY DAMAGES

11. Defendant has caused actionable harm via:

• Theft of property by wrongful withholding under 26 U.S.C. §1461;
• False reporting via Form 1099, contrary to private status (Correcting Erroneous Information Returns, Form #04.001);
• Forced preparation of tax return to reclaim assets falsely characterized as withholding;
• Identity theft by unauthorized status conversion (Identity Theft Affidavit, Form #14.020);
• Involuntary taxation by forced entry into civil status franchise.

V. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests:

1. Declaratory judgment recognizing Plaintiff’s private, nonresident alien status;
2. Injunction prohibiting compelled SSN/TIN disclosure and civil status conversion;
3. Damages for wrongful withholding, reporting, identity misclassification, and constitutional violations;
4. Attorneys’ fees and costs;
5. Any further relief the Court deems just and equitable.

VI. VERIFICATION

I declare under penalty of perjury that the foregoing is true and correct.

Executed on this ___ day of ___________, 2025 Signed: __________________________ [Your Name], Private Constitutional Domiciliary