Filed Date: May 20, 2025
Case Ongoing
Clearinghouse coding complete
This case challenged a rule promulgated on August 19, 2024, by the Financial Crimes Enforcement Network (FinCEN), a bureau within the U.S. Department of the Treasury. The rule, entitled "Anti-Money Laundering Regulations for Residential Real Estate Transfers" (the "Rule"), allegedly exceeded FinCEN's statutory authority by requiring disclosure of all non-financed residential real estate transactions, rather than limiting disclosures to "suspicious" transactions as authorized by statute. Plaintiffs asserted that the Rule increased their annual reporting volume by 4,000%, imposing substantial compliance costs and resulting in significant intrusions on privacy.
On May 20, 2025, Fidelity National Financial, Inc. (FNF) and Fidelity National Title Insurance Company (FNTIC) filed this lawsuit in the U.S. District Court for the Middle District of Florida against the U.S. Department of the Treasury and its Secretary, as well as the Financial Crimes Enforcement Network (FinCEN) and its Director. Plaintiffs alleged that the Rule violated the Administrative Procedure Act (APA), 5 U.S.C. § 706, on the grounds that it (1) exceeded FinCEN's statutory authority, (2) was arbitrary and capricious, (3) violated the Fourth Amendment's prohibition on unreasonable search and seizures, (4) violated the First Amendment's prohibition on compelled speech, and (5) exceeded any authority Congress could have delegated under the Commerce Clause, other Article 1 powers, or the Necessary and Proper Clause. Plaintiffs sought declaratory and injunctive relief, as well as costs and attorneys' fees. The case was assigned to Judge Wendy W. Berger.
The case is ongoing.
Summary Authors
Emma Vayda (7/16/2025)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/70319799/parties/fidelity-national-financial-inc-v-bessent/
Berger, Wendy Williams (Florida)
Amos, Lauren (Florida)
Boies, David (Florida)
Mills, Jon L. (Florida)
Palmer, Eric Michael (Florida)
See docket on RECAP: https://www.courtlistener.com/docket/70319799/fidelity-national-financial-inc-v-bessent/
Last updated Aug. 21, 2025, 4:24 p.m.
State / Territory: Florida
Case Type(s):
Presidential/Gubernatorial Authority
Special Collection(s):
Trump Administration 2.0: Challenges to the Government
Key Dates
Filing Date: May 20, 2025
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
Two large financial services entities specializing in title insurance and real estate transaction services.
Plaintiff Type(s):
Public (for-profit) corporation
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
United States Department of the Treasury (- United States (national) -), Federal
The Financial Crimes Enforcement Network (- United States (national) -), Federal
Defendant Type(s):
Case Details
Causes of Action:
Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Constitutional Clause(s):
Unreasonable search and seizure
Available Documents:
Outcome
Prevailing Party: None Yet / None
Nature of Relief:
Source of Relief:
Issues
General/Misc.: