The Bank Secrecy Act (BSA), enacted in 1970, authorizes the Treasury Department to monitor financial transactions in order to combat money laundering, tax evasion, and other financial crimes. However, serious questions have been raised about whether aspects of the BSA are unconstitutional.
Keypoints
- A recent Coin Center report argues the Bank Secrecy Act is unconstitutionally broad, ambiguous, or an improper delegation of legislative power.
- The BSA’s sweeping definition of “financial institution” criminalizes everyday financial activities, raising constitutional questions around due process and fair notice.
- The BSA’s reliance on regulatory exemptions to narrow its scope violates separation of powers by delegating unlimited authority to Treasury, potentially violating the nondelegation doctrine.
- The Coin Center report worries the BSA’s broad surveillance powers could be abused against cryptocurrencies, despite…
