Friday, November 17, 2017

$1 Billion Trucking Fees Lawsuit filed against Eric Holcomb's Administration


It seems that Governor Eric "Bagman" Holcomb just got dragged into the middle of a huge knock down drag-out fight with fellow Indiana Republican and attorney Jim Bopp. The great Tony Cook of the Indianapolis Star reports on the upcoming slugfest between Holcomb and Bopp:

A class-action lawsuit accuses the state of Indiana of illegally collecting more than $1 billion in fees from truckers across the nation — and could set up a high-stakes showdown between two top Indiana Republicans. 

The lawsuit filed Friday in Marion County Superior Court accuses the Indiana Department of Revenue of collecting annual Unified Carrier Registration fees from hundreds of thousands of truckers across the nation without authorization under Indiana law.

The attorney behind the lawsuit is Jim Bopp, a high-powered Republican attorney from Terre Haute best known for representing Citizens United in a U.S. Supreme Court case that overturned restrictions on political spending by corporations, nonprofits and labor unions.

His client is the Small Business in Transportation Coalition, a trucking industry trade group with a colorful and controversial leader who recently organized a parade of big rigs in Washington D.C. to promote expanded gun rights and who has been accused by the Federal Trade Commission of deceptive business practices.

On the other side of the lawsuit is the administration of Republican Gov. Eric Holcomb — specifically the Indiana Department of Revenue and its commissioner, Adam Krupp.

A spokeswomen for Holcomb did not immediately respond to messages seeking comment on the lawsuit. A spokeswoman for the Department of Revenue said she couldn't immediately comment on pending litigation.

"I’m a conservative who does not want to see government overreaching, taxing people and collecting money unless the people authorize it through the legislature," Bopp said. "What’s important to me is that government stays within its bounds. This has got to be one of the most expensive violations of law that I’ve seen."

Indeed, the stakes could be huge.
Indiana handles registrations and fees on behalf of 41 states under the so-called Unified Carrier Registration Plan, a federally authorized compact that allows interstate truckers to register and pay fees just once a year, rather than in multiple states. 
Bopp said the state collects $100 million a year in UCR fees from close to 400,000 truckers a year. The fees depend on the size of the fleet, the form of payment and location of the truck's home base, but begin at $76 per vehicle, according to the lawsuit. 
"Without such authority under Indiana law, INDOR’s nationwide collection of the UCR-related fees is unlawful and every trucker since 2008 is entitled to a refund of these illegally collected fees," Bopp said.
The lawsuit comes four months after the state settled the second of two class-action lawsuits over unauthorized Bureau of Motor Vehicle fees. Between settlements and voluntary refunds, the BMV admitted to overcharging Hoosier drivers more than $115 million over 15 years.

Well INDY REPUBLICAN doesn't know enough about this particular lawsuit to comment on the merits of Mr. Bopp's case. But Bopp's legal skills are good and he is not crazy. So for him to file such a lawsuit means that he thinks that it is a good case. So far as Governor Eric Holcomb has continued the tax-and-spend legacy of his master Mitch Daniels. It will be interesting to see just how this all goes down. Bopp is also a former Vice Chair of the Republican National Committee and has been a Republican National Committeeman from Indiana. Not exactly somebody that Holcomb wants to get into a fight with. Here's to old Eric getting his ass kicked!

1 comment:

  1. Nothing can make my bowels move like seeing a photo of what many believe is Indiana's most corrupt Governor since Republican Mitch (sell me a doobie, quick! and force Cheri to return) Daniels.

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