31 CFR 1010.810 Enforcement; delegation of examination authority (IRS examines non-bank MSBs)

Bitcoin Research — Law, Regulation, Markets & Origins (2026)

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2025-07-01

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Research, not advice. Part of the Bitcoin research archive (October 2026). Claims labelled unverified, contested or fringe are reported, not endorsed; statuses of bills and rules are as of the date checked. Government, court and patent records are public domain; the research notes are CC BY 4.0.

§ 1010.717                                                             31 CFR Ch. X (7–1–25 Edition)

                                                                     § 1010.717     Disclosing information.                    safety and soundness by FHLBB bank
                                                                                                                               examiners;
                                                                       (a) Any part of any administrative
                                                                     ruling, including names, addresses, or                       (5) To the Chairman of the Board of
                                                                     information related to the business                       the National Credit Union Administra-
                                                                     transactions of private parties, may be                   tion with respect to those financial in-
                                                                     disclosed pursuant to a request under                     stitutions regularly examined for safe-
                                                                     the Freedom of Information Act, 5                         ty and soundness by NCUA examiners.
                                                                     U.S.C. 552. If the request for an admin-                     (6) To the Securities and Exchange
                                                                     istrative ruling contains information                     Commission with respect to brokers
                                                                     which the requestor wishes to be con-                     and dealers in securities and invest-
                                                                     sidered for exemption from disclosure                     ment companies as that term is defined
                                                                     under the Freedom of Information Act,                     in the Investment Company Act of 1940
                                                                     the requestor should clearly identify                     (15 U.S.C. 80–1 et seq.);
                                                                     such portions of the request and the                         (7) To the Commissioner of Customs
                                                                     reasons why such information should                       and Border Protection with respect to
                                                                     be exempt from disclosure.                                §§ 1010.340 and 1010.830;
                                                                       (b) A requestor claiming an exemp-                         (8) To the Commissioner of Internal
                                                                     tion from disclosure will be notified, at                 Revenue with respect to all financial
                                                                     least 10 days before the administrative                   institutions, except brokers or dealers
                                                                     ruling is issued, of a decision not to ex-                in securities, mutual funds, futures
                                                                     empt any of such information from dis-                    commission merchants, introducing
                                                                     closure so that the underlying request                    brokers in commodities, and com-
                                                                     for an administrative ruling can be                       modity trading advisors, not currently
                                                                     withdrawn if the requestor so chooses.                    examined by Federal bank supervisory
                                                                                                                               agencies for soundness and safety; and
                                                                            Subpart H—Enforcement;                                (9) To the Commodity Futures Trad-
                                                                            Penalties; and Forfeiture                          ing Commission with respect to futures
                                                                                                                               commission merchants, introducing
                                                                     § 1010.810     Enforcement.                               brokers in commodities, and com-
                                                                                                                               modity trading advisors.
                                                                       (a) Overall authority for enforcement
                                                                     and compliance, including coordination                       (10) To the Federal Housing Finance
                                                                     and direction of procedures and activi-                   Agency with respect to the housing
                                                                     ties of all other agencies exercising                     government sponsored enterprises, as
                                                                     delegated authority under this chapter,                   defined in § 1010.100(mmm) of this part.
                                                                     is delegated to the Director, FinCEN.                        (c) Authority for investigating crimi-
                                                                       (b) Authority to examine institutions                   nal violations of this chapter is dele-
                                                                     to determine compliance with the re-                      gated as follows:
                                                                     quirements of this chapter is delegated                      (1) To the Commissioner of Customs
                                                                     as follows:                                               and Border Protection with respect to
                                                                       (1) To the Comptroller of the Cur-                      § 1010.340;
                                                                     rency with respect to those financial                        (2) To the Commissioner of Internal
                                                                     institutions regularly examined for                       Revenue except with respect to
                                                                     safety and soundness by national bank                     § 1010.340.
                                                                     examiners;                                                   (d) Authority for the imposition of
                                                                       (2) To the Board of Governors of the                    civil penalties for violations of this
                                                                     Federal Reserve System with respect                       chapter lies with the Director of
                                                                     to those financial institutions regu-                     FinCEN.
                                                                     larly examined for safety and sound-                         (e) Periodic reports shall be made to
                                                                     ness by Federal Reserve bank exam-                        the Director, FinCEN by each agency
                                                                     iners;                                                    to which compliance authority has
                                                                       (3) To the Federal Deposit Insurance                    been delegated under paragraph (b) of
                                                                     Corporation with respect to those fi-                     this section. These reports shall be in
                                                                     nancial institutions regularly exam-                      such a form and submitted at such in-
                                                                     ined for safety and soundness by FDIC                     tervals as the Director, FinCEN may
                                                                     bank examiners;                                           direct. Evidence of specific violations

skersey on DSK4WB1RN3PROD with CFR
                                                                       (4) To the Federal Home Loan Bank                       of any of the requirements of this chap-
                                                                     Board with respect to those financial                     ter may be submitted to the Director,
                                                                     institutions regularly examined for                       FinCEN at any time.

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                                                                     Financial Crimes Enforc. Network, Treas.                                                                         § 1010.821

                                                                       (f) The Director, FinCEN or his dele-                                 § 1010.820     [Reserved]
                                                                     gate, and any agency to which compli-
                                                                     ance has been delegated under para-                                     § 1010.821     Penalty         adjustment          and
                                                                     graph (b) of this section, may examine                                      table.
                                                                     any books, papers, records, or other                                      (a) Inflation adjustments. In accord-
                                                                     data of domestic financial institutions                                 ance with the Federal Civil Penalties
                                                                     relevant to the recordkeeping or re-
                                                                                                                                             Inflation Adjustment Act of 1990, 28
                                                                     porting requirements of this chapter.
                                                                       (g) The authority to enforce the pro-                                 U.S.C. 2461 note, (‘‘FCPIA Act’’), as fur-
                                                                     visions of 31 U.S.C. 5314 and §§ 1010.350                               ther amended by the Federal Civil Pen-
                                                                     and 1010.420 of this chapter has been re-                               alties Inflation Adjustment Act Im-
                                                                     delegated from FinCEN to the Commis-                                    provements Act of 2015, FinCEN has set
                                                                     sioner of Internal Revenue by means of                                  forth in paragraph (b) of this section
                                                                     a Memorandum of Agreement between                                       adjusted maximum penalty amounts
                                                                     FinCEN and IRS. Such authority in-                                      for each civil monetary penalty pro-
                                                                     cludes, with respect to 31 U.S.C. 5314                                  vided by law within its jurisdiction
                                                                     and 1010.350 and 1010.420 of this chapter,                              that is subject to the FCPIA Act. The
                                                                     the authority to: assess and collect                                    adjusted    civil    monetary    penalty
                                                                     civil penalties under 31 U.S.C. 5321 and                                amounts replace the amounts pub-
                                                                     31 CFR 1010.820; investigate possible                                   lished in the statutes authorizing the
                                                                     civil violations of these provisions (in                                assessment of penalties.
                                                                     addition to the authority already pro-                                    (b) Maximum civil monetary penalties.
                                                                     vided at paragraph (c)(2)) of this sec-                                 The statutory penalty provisions and
                                                                     tion); employ the summons power of                                      their adjusted maximum amounts or
                                                                     subpart I of this part 1010; issue admin-
                                                                                                                                             range of minimum and maximum
                                                                     istrative rulings under subpart G of
                                                                     this part 1010; and take any other ac-                                  amounts are set out in Table 1. The
                                                                     tion reasonably necessary for the en-                                   last column in the table provides the
                                                                     forcement of these and related provi-                                   newly effective maximum penalty
                                                                     sions, including pursuit of injunctions.                                amounts or range of minimum and
                                                                                                                                             maximum amounts. These maximum
                                                                     [75 FR 65812, Oct. 26, 2010, as amended at 79
                                                                                                                                             penalty amounts do not, however, limit
                                                                     FR 103755, Feb. 25, 2014]
                                                                                                                                             the total amount of a penalty in the
                                                                       EFFECTIVE DATE NOTE: At 89 FR 72275,                                  case of a penalty that may be imposed
                                                                     Sept. 4, 2024, § 1010.810 was amended, effective
                                                                     Jan. 1, 2026.
                                                                                                                                             for each day a violation continues.

                                                                                                    TABLE 1 TO § 1010.821—PENALTY ADJUSTMENT TABLE
                                                                                                                                                                                Maximum penalty
                                                                                                                                                                              amounts or range of
                                                                                                                                                  Penalties as last         minimum and maximum
                                                                      U.S. Code citation          Civil monetary penalty description             amended by statute           penalty amounts for
                                                                                                                                                                            penalties assessed on or
                                                                                                                                                                             after January 17, 2025

                                                                     12 U.S.C. 1829b(j) ..     Relating to Recordkeeping Violations for                         $10,000                       $26,262
                                                                                                 Funds Transfers.
                                                                     12 U.S.C. 1955 ........   Willful or Grossly Negligent Record-                              10,000                        26,262
                                                                                                 keeping Violations.
                                                                     31 U.S.C.                 Failure to Terminate Correspondent Re-                            10,000                        17,765
                                                                       5318(k)(3)(C).            lationship with Foreign Bank.
                                                                     31 U.S.C. 5321(a)(1)      General Civil Penalty Provision for Willful                      25,000                        71,545
                                                                                                 Violations of Bank Secrecy Act Re-                           ¥100,000                      ¥286,184
                                                                                                 quirements.
                                                                     31 U.S.C.                 Foreign Financial Agency Transaction—                             10,000                        16,536
                                                                       5321(a)(5)(B)(i).         Non-Willful Violation of Transaction.
                                                                     31 U.S.C.                 Foreign Financial Agency Transaction—                            100,000                       165,353
                                                                       5321(a)(5)(C)(i)(I).      Willful Violation of Transaction.
                                                                     31 U.S.C.                 Negligent Violation by Financial Institu-                              500                       1,430
                                                                       5321(a)(6)(A).            tion or Non-Financial Trade or Busi-
                                                                                                 ness.
                                                                     31 U.S.C.                 Pattern of Negligent Activity by Financial                        50,000                       111,308

skersey on DSK4WB1RN3PROD with CFR
                                                                       5321(a)(6)(B).            Institution or Non-Financial Trade or
                                                                                                 Business.

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