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CIERCO v. MNUCHIN

No. 16-5185.

857 F.3d 407 (2017)

Ramon CIERCO, In his personal capacity and derivatively on behalf of himself and all others similarly situated, et al., Appellants v. Steven T. MNUCHIN, in his official capacity as Secretary of the Treasury, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided May 23, 2017.

Attorney(s) appearing for the Case

Eric L. Lewis , Washington, DC, argued the cause for appellants. With him on the brief was A. Katherine Toomey .

Sarah Carroll , Attorney, U.S. Department of Justice, argued the cause for appellees. With her on the brief were Benjamin C. Mizer , Principal Deputy Assistant Attorney General at the time the brief was filed, and H. Thomas Byron, III , Attorney.

Before: Rogers and Srinivasan, Circuit Judges, and Edwards, Senior Circuit Judge.

In 2015, the Department of Treasury's Financial Crimes Enforcement Network ("FinCEN") suspected that Banca Privada d'Andorra S.A. ("the Bank") was being used to launder money. Pursuant to Section 311 of the USA PATRIOT Act, FinCEN issued a Notice of Finding and a Notice of Proposed Rulemaking (the "Notices") proposing...

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