The Secretary of the Treasury shall make information in a report filed under this subchapter available to an agency, including any State financial institutions supervisory agency, United States intelligence agency or self-regulatory organization registered with the Securities and Exchange Commission or the Commodity Futures Trading Commission, upon request of the head of the agency or organization. The report shall be available for a purpose that is consistent with this subchapter. The Secretary may only require reports on the use of such information by any State financial institutions supervisory agency for other than supervisory purposes or by United States intelligence agencies. However, a report and records of reports are exempt from search and disclosure under section 552 of title 5, and may not be disclosed under any State, local, tribal, or territorial “freedom of information”, “open government”, or similar law.
Notes of Decisions
Ortiz v. United States Dep't of Just., 67 F. Supp. 3d 109 (D.D.C. 2014).
· cites it 3× “However, the declar-ant states, under 31 U.S.C. § 5319 , BSA reports are made “available to governmental entities .”
Berger v. Internal Revenue Serv., 487 F. Supp. 2d 482 (D.N.J. 2007).
· cites it 6× “§ 6103(a) where the information concerned third-party return information; • 64 pages in full and 1 page in part of the Cl file pursuant to Exemption 3 in conjunction with 31 U.S.C. § 5319 where the documents consist of Currency Transaction Reports (“CTRs”) and other reports…”
Cuban v. Sec. & Exch. Comm'n, 795 F. Supp. 2d 43 (D.D.C. 2011).
· cites it 4× “Exemption 3(A) In its motion for reconsideration the defendant now, for the first time, raises Exemption 3(A) of the FOIA, in conjunction with 31 U.S.C. § 5319 , as a basis for withholding Documents 50 and 51, which contain suspicious activity reports.”
Stein v. United States Sec. & Exch. Comm'n, 266 F. Supp. 3d 326 (D.D.C. 2017).
“The SEC argues that the SARs are protected from disclosure under 31 U.S.C. § 5319 , a provision of the Bank Secrecy Act which exempts from FOIA disclosure records and reports on monetary instruments-transactions, including SARs.”
Marcusse v. United States Dep't of Just. Off. of Info. Policy, 959 F. Supp. 2d 130 (D.D.C. 2013).
· cites it 2× “The FBI properly applied this exemption to grand jury information and information protected by the Bank Secrecy Act (“BSA”), 31 U.S.C. § 5319 . Hardy Decl. ¶ 78 (“Summary of Justification Categories”).”
Yunes v. United States Dep't of Just., 263 F. Supp. 3d 82 (D.D.C. 2017).
· cites it 2× “See 31 U.S.C. § 5319 . The Court previously found that the FBI’s statement that the withheld document contained “information obtained through the BSA” was insufficient to invoke Exemption 3 because it “[did].”
United States v. Under Seal, 737 F.3d 330 (4th Cir. 2013).
· cites it 2× “Consequently, the Treasury Department shares the information it collects pursuant to the requirements of the BSA with other agencies — including the Office of the Comptroller of the Currency, the Consumer Financial Protection Bureau, the Federal Reserve Board, the Federal…”
Bloomer v. U.S. Dep't of Homeland Sec., 870 F. Supp. 2d 358 (D. Vt. 2012).
· cites it 2× “See 31 U.S.C. § 5319 . The Bank Secrecy Act is properly within the bounds of Exemption 3 because it “mandates withholding in such a manner as to leave no discretion on the issue to the agency.”
In Re Grand Jury Subpoena, 696 F.3d 428 (5th Cir. 2012).
“Consequently, the Treasury Department shares the information it collects pursuant to the Act’s requirements with other agencies — including the Office of the Comptroller of the Currency, the Consumer Financial Protection Bureau, the Federal Reserve Board, the Federal Deposit…”
Small v. Internal Revenue Serv., 820 F. Supp. 163 (D.N.J. 1992).
· cites it 2× “Treasury Enforcement Communications System and Currency and Banking Retrieval System Information The IRS contends that seven pages are exempt from disclosure pursuant to FOIA exemption (3) which incorporates 31 U.S.C. § 5319 . These pages contain information from the Treasury…”
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