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IRS sued for seizing 60 million medical records
The Washington Times ^ | 5/17/2013 | Cheryl K. Chumley

Posted on 05/19/2013 1:07:07 PM PDT by ImJustAnotherOkie

A healthcare provider has sued the Internal Revenue Service and 15 of its agents, charging they wrongfully seized 60 million medical records from 10 million Americans.

The name of the provider is not yet known, United Press International said. But Courthouse News Service said the suit claims the agency violated the Fourth Amendment in 2011, when agents executed a search warrant for financial data on one employee – and that led to the seizure of information on 10 million, including state judges.

The search warrant did not specify that the IRS could take medical information, UPI said. And information technology officials warned the IRS about the potential to violate medical privacy laws before agents executed the warrant, the complaint said, as reported by UPI.

“Despite knowing that these medical records were not within the scope of the warrant, defendants threatened to ‘rip’ the servers containing the medical data out of the building if IT personnel would not voluntarily hand them over,” the complaint states, UPI reported.

IRS agents also seized workers’ phones and telephone data – more violations of the warrant, (according to the suit) UPI reported.

The complaint alleges the IRS was “invasive and unlawful” and stole access to intimate medical records that included patients’ treatment plans and therapies, UPI said.

The suit seeks $25,000 in compensatory damages, per violation. The records’ seizure could impact up to one in 25 Americans, UPI said.

(Excerpt) Read more at washingtontimes.com ...


TOPICS: Constitution/Conservatism; Government; News/Current Events
KEYWORDS: irs; irsmedicalrecords; irsobamacare; irsscandal; irsscandals; medicalrecords; records
This one is pretty much flying under the radar. I really don't mean to pile on to the IRS. I'll probably be audited now.
1 posted on 05/19/2013 1:07:07 PM PDT by ImJustAnotherOkie
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To: ImJustAnotherOkie

2 posted on 05/19/2013 1:08:38 PM PDT by Travis McGee (www.EnemiesForeignAndDomestic.com)
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To: ImJustAnotherOkie

I remember Miller testified that the IRS wouldn’t have access to your medical information.

Lied again


3 posted on 05/19/2013 1:10:47 PM PDT by dila813
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To: ImJustAnotherOkie

IRS of late has been behaving like the GESTAPO and the SS.


4 posted on 05/19/2013 1:11:02 PM PDT by SandRat (Duty - Honor - Country! What else needs said?)
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To: ImJustAnotherOkie

I would like to see the names for the 15 agents.


5 posted on 05/19/2013 1:11:53 PM PDT by Cowboy Bob (Democrats: Robbing Peter to buy Paul's vote.)
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To: ImJustAnotherOkie

This was posted a couple of days ago. It is in California. The most likely HC provider would be Kaiser Permanente.


6 posted on 05/19/2013 1:12:39 PM PDT by vette6387
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To: ImJustAnotherOkie

Plaintiff unknown? Complaint has no caption?


7 posted on 05/19/2013 1:13:44 PM PDT by TheLawyerFormerlyKnownAsAl
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To: ImJustAnotherOkie
But didn't Miller testify on Friday that the IRS cannot have access to medical records?

Hmmmm....

8 posted on 05/19/2013 1:17:52 PM PDT by loveliberty2
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To: Travis McGee

It’s OK! ‘Cause ‘Papa’ Barack has everyone’s best interest at heart.


9 posted on 05/19/2013 1:19:09 PM PDT by LucianOfSamasota (Tanstaafl - its not just for breakfast anymore...)
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To: dila813

They always lie when they are busted!

Eliminate the out of control IRS NOW! It isn’t going to get any better, that is for sure!


10 posted on 05/19/2013 1:20:26 PM PDT by kcvl
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To: ImJustAnotherOkie
The suit seeks $25,000 in compensatory damages, per violation.

I suppose it goes without saying that the people who had their privacy invaded will not be the ones seeing any "compensatory damages".

11 posted on 05/19/2013 1:20:28 PM PDT by jiggyboy (Ten percent of poll respondents are either lying or insane)
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To: ImJustAnotherOkie

If this had been a normal company, the CEO would be in jail.


12 posted on 05/19/2013 1:20:48 PM PDT by I want the USA back (Pi$$ed off yet?)
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To: ImJustAnotherOkie

expect a visit from the BATF, the DEA the FBI and the IRS. We are becoming Nazi Germany


13 posted on 05/19/2013 1:22:16 PM PDT by realcleanguy
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To: ImJustAnotherOkie
The records’ seizure could impact up to one in 25 Americans, UPI said.

True but shockingly imprecise. These were stolen from a CA health provider, health insurance doesn't go across state lines, CA has about 33M residents, and it's a fair bet that at least 5M of those don't have health insurance. So "1 in 25 Americans" is more like "1 in 3 Californians who have health insurance".

14 posted on 05/19/2013 1:23:53 PM PDT by jiggyboy (Ten percent of poll respondents are either lying or insane)
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To: I want the USA back

     SAN DIEGO (CN) - A lurid but vague class action accuses corrupt and abusive IRS agents of stealing 10 million people’s medical records without a warrant - including “intimate medical records of every state judge in California.”

     John Doe Company sued 15 John Doe IRS agents in Superior Court.

     ”This is an action involving the corruption and abuse of power by several Internal Revenue Service (’IRS’) agents (collectively referred to as ‘defendants’ herein) during a raid of John Doe Company, in the Southern District of California, on March 11, 2011,” the complaint states. “In a case involving solely a tax matter involving a former employee of the company, these agents stole more than 60,000,000 medical records of more than 10,000,000 Americans, including at least 1,000,000 Californians.

     ”No search warrant authorized the seizure of these records; no subpoena authorized the seizure of these records; none of the 10,000,000 Americans were under any kind of known criminal or civil investigation and their medical records had no relevance whatsoever to the IRS search. IT personnel at the scene, a HIPPA [sic: recte HIPAA] facility warning on the building and the IT portion of the searched premises, and the company executives each warned the IRS agents of these privileged records. The IRS agents ignored and discarded each of these warnings, ignored their own published and public-reliant rules and governing ethical requirements, and ignored the limitations of the court’s search warrant authorization, seizing the records under threat of destroying company property.”

     Plaintiff’s attorney Robert E. Barnes declined to elaborate on the complaint’s allegations, saying he will have more information “in a few months.”

     ”I had to file to protect against the statute of limitations being an issue, but am still investigating all facts,” Barnes told Courthouse News in an email.

     The putative class claims the IRS agents’ seizure of medical records violated the 4th Amendment.

     ”These medical records contained intimate and private information of more than 10,000,000 Americans, information that by its nature includes information about treatment for any kind of medical concern, including psychological counseling, gynecological counseling, sexual or drug treatment, and a wide range of medical matters covering the most intimate and private of concerns,” the complaint states.

     ”Despite knowing that these medical records were not within the scope of the warrant, defendants threatened to ‘rip’ the servers containing the medical data out of the building if IT personnel would not voluntarily hand them over. Moreover, even though defendants knew that the records they were seizing were not included within the scope of the search warrant, the defendants nonetheless searched and seized the records without making any attempt to segregate the files from those that could possibly be related to the search warrant. In fact, no effort was made at all to even try maintaining the illusion of legitimacy and legality.

     ”After being put on notice of the illicit seizure, the IRS agents refused to return the records, continued to keep the records for the prying eyes of IRS peeping toms, and keep the records to this very day. The records may concern the intimate medical records of every state judge in California, every state court employee in California, leading and politically controversial members of the Screen Actors Guild and the Directors Guild, and prominent citizens in the world of entertainment, business and government, from all walks of life.”

     To top it off, the IRS agents were rude, childish and arrogant, the complaint states:

     ”Adding insult to injury, after unlawfully seizing the records and searching their intimate parts, defendants decided to use John Doe Company’s media system to watch basketball, ordering pizza and Coca-Cola, to take in part of the NCAA tournament, illustrating their complete disregard of the court’s order and the Plaintiffs’ Fourth Amendment rights.

     ”This complaint seeks justice for each and all of those individuals subjected to the invasive and unlawful search and seizure conducted on March 11, 2011.”

     The complaint adds: “The search warrant authorized the seizure of financial records related principally to a former employee of the company; it did not authorize any seizure of any health care or medical record of any persons, least of all third parties completely unrelated to the matter.

     ”While executing the warrant, the defendants seized personal mobile phones, including all the data and information on those phones, without any employing the proper and procedurally correct screening methods to protect private and privileged information, all of which was completely unapproved by the search warrant.”

More...

http://www.courthousenews.com/2013/03/14/55707.htm


15 posted on 05/19/2013 1:26:41 PM PDT by kcvl
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To: ImJustAnotherOkie
Pity they didn`t steal mine, cause I WOULD file lawsuit. I could use the money and I`m not averse to using the court system.
16 posted on 05/19/2013 1:29:37 PM PDT by nomad
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To: jiggyboy

Whoops, it is indeed somehow all across the country. The complaint also lists “Major League Baseball” and “the Screen Actors Guild” as part of the class action.

The healthcare provider is not named — “John Doe”, but they are based in San Diego. Kaiser Permanente is based in Oakland, FWIW.


17 posted on 05/19/2013 1:29:43 PM PDT by jiggyboy (Ten percent of poll respondents are either lying or insane)
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To: jiggyboy

Oops forgot the link which has the link to the lawsuit itself:

http://www.breitbart.com/Big-Government/2013/05/17/Claim-IRS-Illegally-Seized-60-Million-Private-Medical-Records

lawsuit

http://global.nationalreview.com/pdf/complaint_051513.pdf


18 posted on 05/19/2013 1:30:47 PM PDT by jiggyboy (Ten percent of poll respondents are either lying or insane)
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To: ImJustAnotherOkie
I work for the IRS. I need to see your returns from the last 5 years with all notarized receipts. Also what religion you are, your race and political affiliation. Do it NOW or well will be forced to do this the hard way!


19 posted on 05/19/2013 1:46:55 PM PDT by GrandJediMasterYoda (Someday our schools will teach the difference between "lose" and "loose")
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To: jiggyboy
bingo...
20 posted on 05/19/2013 1:53:54 PM PDT by Chode (Stand UP and Be Counted, or line up and be numbered - *DTOM* -ww- NO Pity for the LAZY)
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To: ImJustAnotherOkie

I’m not smart enough to read and understand a warrant. I’d have to have my County Sheriff, and a few of his men, read it before I let them in.


21 posted on 05/19/2013 2:01:20 PM PDT by Fireone (Impeach and imprison, NOW! Treason and murder are still crimes.)
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To: ImJustAnotherOkie

Yep. They violated the 4th amendment and the 1st and maybe have an intention of distributing to those who would infringe on the second, which would then jeopardize you if you filled out a form, not knowing it is a legal document and you just incriminated yourself.

Fun, fun, fun.


22 posted on 05/19/2013 2:03:24 PM PDT by Vendome (Don't take life so seriously, you won't live through it anyway)
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To: dila813; Jim Robinson
“I remember Miller testified that the IRS wouldn’t have access to your medical information.”

I heard that hearing and you are right and I had forgotten he said that. Now, we find out they have already stolen millions of medical records. We are not safe from the IRS that has tremendous power to destroy our lives - that is those of us who are not communist sympathizers for Hussein.

I now believe Hussein's IRS is a copy of Hitler's Gestapo. The Gestapo was the “German internal security police as organized under the Nazi regime, known for its terrorist methods directed against those suspected of treason or questionable loyalty.”

IRS agents are among the group armed with hollow point bullets purchased by Homeland Security.

23 posted on 05/19/2013 2:16:27 PM PDT by Marcella (Prepping can save your life today. Going Galt is freedom.)
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Demand accountabilty!
Stop this slap in our face!

Less than $15k to go!!
Let's git 'er done!!
Please Contribute Today!

24 posted on 05/19/2013 2:22:27 PM PDT by RedMDer (May we always be happy and may our enemies always know it. - Sarah Palin, 10-18-2010)
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To: kcvl; I want the USA back
To top it off, the IRS agents were rude, childish and arrogant, the complaint states:

”Adding insult to injury, after unlawfully seizing the records and searching their intimate parts, defendants decided to use John Doe Company’s media system to watch basketball, ordering pizza and Coca-Cola, to take in part of the NCAA tournament, illustrating their complete disregard of the court’s order and the Plaintiffs’ Fourth Amendment rights.

Just WOW

This really shows the arrogance of these IRS Enforcers.

The whole of government needs an enema.

These thugs violated citizens rights under color of law they should go to jail.

That is one reason that we have thugs like these do what they do. They are never brought to justice. If they have no fear of being held accountable for their action their violations will only grow more and more egregious.

25 posted on 05/19/2013 2:40:44 PM PDT by Pontiac (The welfare state must fail because it is contrary to human nature and diminishes the human spirit.)
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To: GrandJediMasterYoda

Church of the Glock Locked and Loaded.

Come on by.


26 posted on 05/19/2013 3:32:07 PM PDT by ImJustAnotherOkie (zerogottago)
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To: jiggyboy

Well they focused on exactly who they were after. Responsible tax payers who buy health insurance that abide by the law.


27 posted on 05/19/2013 3:33:45 PM PDT by ImJustAnotherOkie (zerogottago)
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To: loveliberty2

Someday somebody in this administration will be honest.


28 posted on 05/19/2013 3:35:40 PM PDT by ImJustAnotherOkie (zerogottago)
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To: nomad

Hi nomad, I hope you are well.

How can you be sure they didn’t get your records? The article from Breitbart says that 1,000,000 of the 10,000,000 are from California.

I’ll be calling my health care insurer tomorrow to see if mine were illegally seized.


29 posted on 05/19/2013 3:36:38 PM PDT by gwjack (May God give America His richest blessings.)
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To: ImJustAnotherOkie

LOL!


30 posted on 05/19/2013 3:48:10 PM PDT by GrandJediMasterYoda (Someday our schools will teach the difference between "lose" and "loose")
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To: SandRat

“IRS of late has been behaving like the GESTAPO and the SS.”

Of “late?” It’s been going on in one form or another for many years.


31 posted on 05/19/2013 4:33:10 PM PDT by july4thfreedomfoundation (November 4, 2008 and November 6, 2012.....Two days that will live in infamy!)
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To: loveliberty2

Miller also said nothing that was done was illegal. But then again, this was coming from Mr. Uh-Duh-I-Dunno-Nuthin’.


32 posted on 05/19/2013 4:45:14 PM PDT by bgill (The problem is...no one is watching the Watch List!)
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To: ImJustAnotherOkie

IRS II scandal.

have we heard anything from Obama?


33 posted on 05/19/2013 5:44:27 PM PDT by RockyTx
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To: ImJustAnotherOkie

Well, we know there were not any records from the Veterans Administration included since they are 1.2 years behind in their processing.


34 posted on 05/19/2013 5:58:01 PM PDT by huldah1776
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