Novedades Y Servicios, Inc., et al. v. Financial Crimes Enforcement Network, et al.
Case Overview
The government appealed Judge Sammartino's order granting a preliminary injunction of the new Geographic Targeting Order from the Financial Crimes Enforcement Network which requires businesses along the southern border to file Currency Transaction Reports with FinCEN at a $200 threshold.
The Application
The district court found that appellees demonstrated likelihood of success on their APA challenge and that the balance of equities favored an injunction, thus granting preliminary relief that the government now appeals.
The Conclusion
The 9th Circuit is reviewing whether the preliminary injunction was properly issued and whether the GTO is lawful under the APA.
Case Analysis
Overview
The government appealed Judge Sammartino's order granting a preliminary injunction of the new Geographic Targeting Order from the Financial Crimes Enforcement Network which requires businesses along the southern border to file Currency Transaction Reports with FinCEN at a $200 threshold.
Issue
Whether FinCEN's Geographic Targeting Order requiring Currency Transaction Reports at a $200 threshold for southern border businesses violates the Administrative Procedure Act or exceeds FinCEN's statutory authority.
Rule
A preliminary injunction requires likelihood of success on the merits, irreparable harm, favorable balance of equities, and service of the public interest; agency action is arbitrary and capricious if it relies on factors Congress did not intend or fails to consider an important aspect of the problem.
Analysis
The district court found that appellees demonstrated likelihood of success on their APA challenge and that the balance of equities favored an injunction, thus granting preliminary relief that the government now appeals.
Conclusion
The 9th Circuit is reviewing whether the preliminary injunction was properly issued and whether the GTO is lawful under the APA.
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