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Theoretically, but remember that this case is only discussing sanctions under this limited issue. IMO the really important part is not allowing the agency to define property in any manner it chooses post Loper Bright. Look at the deference the SDNY has given FINCEN in redefining terms on the fly. That's what I think will be most important.
Yes, that redefining terms on the fly is what was getting everybody into the court and law system, if not the regulators personal court system. The FINCEN was working in only the bank and state’s interests, not the peoples’ interests.
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The administrative courts are just hellaciously corrupt and one-sided. I don’t think anybody wants to wind up in them. They are worse than traffic court (designed to part the citizen from his money).
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