FinCEN Renews Financial Surveillance Order Declared Illegal in 9th Circuit

ARLINGTON, Va.—Yesterday, the Financial Crimes Enforcement Network (FinCEN) reissued an order requiring certain businesses in targeted ZIP codes in New Mexico and Texas to report all cash transactions above $1,000. Missing from the order were areas in California and Arizona, where a recent 9th U.S. Circuit Court of Appeals decision upheld an injunction won by Esperanza Gomez, a San Diego small business owner represented by the Institute for Justice (IJ).

“FinCEN is finally walking back this illegal program,” said IJ Senior Attorney Andrew Ward. “That’s progress. At the same time, it’s still insisting on mass financial surveillance in the states where appeals courts have not yet ruled.” 

After oral argument last year, the 5^th U.S. Circuit Court of Appeals is currently considering an IJ challenge on behalf of Texas money services businesses. Federal district courts in San Antonio and El Paso have halted the rule for named plaintiffs in separate IJ cases.

For more on these cases visit: https://staging.ij.org/case/fincen-border-cash-surveillance/.