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Yet, it seems FinCEN is determined to defy the spirit of the court’s orders. It has since decided to reintroduce the requirement—albeit at $1,000 instead of $200. The only mention of the active cases came in the form of two footnotes saying that the parties in those cases are exempt from the new order until the injunctions are lifted.
Making matters worse, the order now applies to a vastly greater area. The original order covered as many as one million people living in the thirty affected zip codes in California and Texas. However, FinCEN has now expanded the order to cover 3.2 million people living across 126 zip codes in Arizona, California, and Texas. Part of this expansion occurred because FinCEN decided to target entire counties instead of individual zip codes. The motivation for this expansion, however, is unknown.
Yet, as if that was not enough, the requirement also went into immediate effect. It was published in the Federal Register and became effective on the same day. The only flexibility that was given was a 30-day transition period for the newly affected areas.
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