Following the creation of the National Fund for Education under the Presidency Martelly in May 2011 https://www.haitilibre.com/en/news-3034-haiti-education-launch-of-the-national-fund-for-education-fne-by-martelly-update-1h03pm.html financed by the diaspora by levies on telephones of 0.05 US dollars on each incoming minute and fees of 1.50 US dollars on transfers of funds, ratified by both Chambers of Parliament in August 2012 by the Chamber of Deputies https://www.haitilibre.com/en/news-6379-haiti-education-the-fne-becomes-progressively-legal.html and in July 2017 by the Senate https://www.haitilibre.com/en/news-21412-haiti-politics-after-5-years-of-blocking-the-senate-votes-the-law-on-the-fne.html ; the diaspora filed a class action complaint on December 24, 2018 https://www.haitilibre.com/en/news-26561-haiti-flash-members-of-the-diaspora-file-a-complaint-against-the-government-of-hait.html

This first complaint contains 12 counts :

• Violation of general business law, according to the laws of New York in force (deceptive acts and practices);

• Violation of New York State Business Law (False Advertising);

• Violation of Florida law on unfair and deceptive marketing practices;

• Civil theft under Florida law;

• Violation of California State legislation on the operation of businesses and professions;

• Unfair competition under the California State Code of Professional and Business Law;

• Violation of the California State Law on Consumer Litigation;

• False statements intentionally made in violation of New York law;

• False statements intentionally made under the laws of Florida;

• Conspiracy to defraud Haitian consumers through remittances from the diaspora;

• Unjustified enrichment;

• Misrepresentation of the use to be made of additional fees collected from transfer houses and phone companies.

Download the 1st complaint (PDF in English) : https://www.haitilibre.com/docs/case-1-18-cv-0734.pdf

On April 10, 2019, the Diaspora was authorized to file a 2nd amended complaint comprising 16 counts https://www.icihaiti.com/en/news-27643-icihaiti-usa-text-of-the-16-counts-of-the-diaspora-against-the-government-of-haiti-and-others.html

Download the amended complaint (French PDF) : https://www.haitilibre.com/docs/annexe-190504132101.pdf

In 2021, Judge Michael H. Simon in his ruling quashed the suit explaining that the lawsuit was doomed by the "act of State" doctrine because the suit sought to establish liability on the basis of official sovereignty policies of the Haitian government.

On March 31, 2022, Judges Newman, Park, and Lee of the Manhattan Court of Appeals for the Second Circuit revived the case, reversing a ruling by Judge Michael H. Simon rejecting in his ruling that the doctrine "outright precludes courts to adjudicate cases involving passing judgment on the policies, laws and motives of a foreign sovereign" specifying that it only excludes "legal claims which effectively seek to have acts of a foreign sovereign country" specifies Me Park

In the Second Circuit also reversed Simon's alternative decision to dismiss parts of the case on the quasi-judicial grounds that US litigation would unnecessarily burden foreign defendants and the case could be heard elsewhere.

According to this decision, former President Michel Joseph Martelly, de facto President Jocelerme Privert, Western Union, Unibank, CamTransfer, Digicel and Natcom and Caribbean Air Mail Inc must face an antitrust dispute concerning an alleged scheme to fix the cost of money transfer and long distance calls to Haiti.

Download the decision of the Court of Appeal (PDF in English) : https://www.haitilibre.com/docs/20-1412-2022-03-311-220402181310.pdf

Plaintiffs are represented by Rodney R. Austin of Fresh Meadows, N.Y., and Denis Law Group PLLC.

Western Union is represented by Fishkin Lucks LLP.

Unigestion and Digicel are represented by Davis Polk & Wardwell LLP. Caribbean Air Mail is represented by Merle Brown & Nakamura PC.

Unitransfer and Unibank are represented by Perlman, Bajandas, Yevoli & Albright PL and Stinson LLP.

Natcom is represented by Macx L. Jean-Louis of New York.

The Haitian Government and former Haitian Presidents are represented by Madsen Law PC.

See also :

https://www.haitilibre.com/en/news-35814-haiti-education-diaspora-taxes-3-year-report-of-the-fne.html

https://www.haitilibre.com/en/news-27530-haiti-usa-diaspora-authorized-to-modify-its-class-action-against-haiti.html

https://www.icihaiti.com/en/news-27643-icihaiti-usa-text-of-the-16-counts-of-the-diaspora-against-the-government-of-haiti-and-others.html

https://www.haitilibre.com/en/news-26561-haiti-flash-members-of-the-diaspora-file-a-complaint-against-the-government-of-hait.html

https://www.haitilibre.com/en/news-3027-haiti-education-the-tax-on-money-transfers-comes-into-force-on-june-1-2011.html

https://www.haitilibre.com/en/news-2813-haiti-education-martelly-free-education-and-the-diaspora.html

SL/ HaitiLibre