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U.S. Supreme Court,
Banking

Oct. 25, 2022

Bank Secrecy Act exposes failure of Congress in articulating its intent

The circuit split that must be resolved in Bittner - with the Ninth and Fifth Circuits offering competing but both arguably reasonable interpretations of the statute and regulations - demonstrates the need for Congress to clearly articulate tax enforcement statutes.

Ariel A. Neuman

Principal
Bird Marella

Phone: 310-201-2100

Email: aneuman@birdmarella.com

Ariel is a trial lawyer and former federal prosecutor. He regularly represents corporations and individuals in high-stakes white collar criminal matters and bet-the-company civil litigation.

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Alexander H. Tran

Associate
Bird, Marella, Boxer, Wolpert, Nessim, Drooks, Lincenberg & Rhow, P.C.

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The U.S. Supreme Court's decision to take up the Bittner case (Bittner v. United States, No. 20-40597, 5th Cir. (2021)), will allow it to resolve a circuit split over the interpretation of the Bank Secrecy Act (BSA) and regulations enacted pursuant thereto. The outcome will directly affect US persons living or doing business abroad who hold certain bank or brokerage a...

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