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Hello, Delaware? The Constitution is Calling.

Monday, December 23, 2019  
Posted by: Tanya Guy
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On December 6, 2019, AT&T filed a complaint in the United States District Court for the District of Delaware alleging violations of its rights under the Fourth and Fourteenth Amendments, and violations of the Ex Post Facto Clause of the U.S. Constitution.  The constitutional issues raised by AT&T are similar to those most recently raised by Univar, Inc. in the complaint it filed last December.  These issues continue to plague holders undergoing unclaimed property audits by the State of Delaware.  Without much needed precedential guidance from the courts as yet, the AT&T complaint highlights the fact that holders are often without meaningful recourse during these “limitless, irrational and arbitrary”[1]audits.

Read the full blog post from Borden Consulting Group here: