On April 8, 2026, the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) and Office of Foreign Assets Control (OFAC) issued a joint Notice of Proposed Rulemaking (NPRM) to implement the Guiding and Establishing National Innovation for U.S. Stablecoins Act (GENIUS Act). The proposal would create a comprehensive anti‑money‑laundering/countering‑the‑financing‑of‑terrorism (AML/CFT) and sanctions compliance
OFAC Issues Advisory Warning on Sham Transactions
On March 31, 2026, the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”) issued an advisory on sham transactions, highlighting the compliance risks financial institutions must navigate when facilitating international property transactions.
What is a Sham Transaction?
OFAC defines a “Sham Transaction” as one in which a blocked person, typically operating
FinCEN’s Proposed Rule to Reform Financial Institution AML/CFT
As part of the U.S. Department of Treasury’s efforts to modernize the U.S. anti-money laundering regulatory and supervisory framework, the Financial Crimes Enforcement Network (FinCEN) has issued a proposed rule that would reform how financial institutions design and operate their anti-money laundering and countering the financing of terrorism (AML/CFT) programs. Though not a wholesale rebuild
FinCEN’s Residential Real Estate Rulemaking Vacated
Recently, a federal judge in the Eastern District of Texas vacated FinCEN’s residential real estate rule (the “Rule”) finding that the agency exceeded its statutory authority under the Bank Secrecy Act (the “BSA”). Flowers Title Companies, LLC v. Bessent, Case No. 6:25-cv-127 (E.D. Tex. Mar. 19, 2026). Since finalization in 2024, the Rule has
FinCEN Targets MBaer with Most Severe Section 311 Measure
MBaer Merchant Bank AG (“MBaer”) was recently designated a “primary money laundering concern” by the U.S. Department of the Treasury’s Financing Crimes Enforcement Network (“FinCEN”) pursuant to Section 311 of the PATRIOT Act.
The Consequences
FinCen detailed its allegations against MBaer on February 26, 2026, in its Notice of Proposed Rulemaking (“NPRM”) where it
FinCEN Issues Expanded Southwest Border Geographic Targeting Order
On March 10, 2026, FinCEN issued a renewed and expanded Geographic Targeting Order (GTO) imposing enhanced reporting and recordkeeping requirements on certain money services businesses (MSBs) operating along the Southwest border. According to FinCEN, the action is intended to support law enforcement efforts to disrupt money laundering and bulk‑cash movement tied to Mexico‑based drug cartels
DIGITAL TRANSFORMATION AND INVESTOR PROTECTION: THE SEC’S APPROACH TO CRYPTO AND TOKENIZED ASSETS
At ETHDenver 2026, SEC Chairman Paul S. Atkins and Commissioner Hester M. Peirce outlined the agency’s current thinking on investor protection, innovation, and regulatory adaptation for cryptocurrencies and tokenized assets. Their conversation reflected both ongoing SEC priorities and the broader challenges that financial regulators face as technology continues to reshape capital markets.
Prioritizing Investor Protection
FinCEN Provides CDD Relief for New Account Openings
On February 13, 2025, FinCEN issued an order granting exceptive relief for covered financial institutions from certain Customer Due Diligence (“CDD”) requirements for new account openings. The exceptive relief is part of deregulation efforts, consistent with Executive Order 14192, “Unleashing Prosperity Through Deregulation,” and Section 6403(d) of the Corporate Transparency Act (the “CTA”).
What’s Covered
Status of FinCEN’s Residential Real Estate Reporting Rule
As a reminder, the Financial Crime Enforcement Network’s (FinCEN) Residential Real Estate rule (the “Real Estate Rule”) is effective March 1, 2026. The Real Estate Rule was originally to take effect December 1, 2025, but FinCEN’s subsequently announced a temporary exemptive relief, extending the effective date until March. We have previously blogged about the Real
Inside the Secret Service’s Nationwide Crackdown on Card Skimming
In response to the continued rise of payment card skimming, the United States Secret Service conducted one of its most expansive enforcement efforts to date, launching a nationwide initiative aimed at identifying and removing illicit skimming devices before stolen data could be used for fraud.
What is Card Skimming and How Does it Work?
The