Case: Fidelity National Financial, Inc. v. Bessent

3:25-cv-00554 | U.S. District Court for the Middle District of Florida

Filed Date: May 20, 2025

Case Ongoing

Clearinghouse coding complete

Case Summary

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. Plainti…

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)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/70319799/parties/fidelity-national-financial-inc-v-bessent/


Judge(s)

Berger, Wendy Williams (Florida)

Attorney for Plaintiff

Amos, Lauren (Florida)

Boies, David (Florida)

Mills, Jon L. (Florida)

Palmer, Eric Michael (Florida)

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Documents in the Clearinghouse

Document
1

3:25-cv-00554

Complaint for Permanent Injunctive and Declaratory Relief and Vacatur

May 20, 2025

May 20, 2025

Complaint

Resources

Docket

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.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants (Filing fee $405 receipt number AFLMDC-23378317) filed by All Plaintiffs. (Attachments: # 1 Civil Cover Sheet)(Singer, Stuart) (Entered: 05/20/2025)

1 Civil Cover Sheet

View on PACER

May 20, 2025

May 20, 2025

Clearinghouse
2

PROPOSED summons to be issued by Fidelity National Financial, Inc., Fidelity National Title Insurance Company. (Attachments: # 1 Proposed Summons, # 2 Proposed Summons, # 3 Proposed Summons)(Singer, Stuart) (Entered: 05/20/2025)

May 20, 2025

May 20, 2025

PACER
3

PROPOSED summons to be issued by Fidelity National Financial, Inc., Fidelity National Title Insurance Company. (Attachments: # 1 Proposed Summons Corrected)(Singer, Stuart) (Entered: 05/20/2025)

May 20, 2025

May 20, 2025

PACER
4

NOTICE of Lead Counsel Designation by Stuart Harold Singer on behalf of Fidelity National Financial, Inc., Fidelity National Title Insurance Company. Lead Counsel: Stuart H. Singer. (Singer, Stuart) (Entered: 05/20/2025)

May 20, 2025

May 20, 2025

PACER
5

NEW CASE ASSIGNED to Judge Wendy W. Berger and Magistrate Judge Samuel J. Horovitz. New case number: 3:25-cv-00554-WWB-SJH. (JOS) (Entered: 05/21/2025)

May 21, 2025

May 21, 2025

PACER
6

SUMMONS issued as to Scott Bessent, Andrea Gacki, The Financial Crimes Enforcement Network, United States Department of the Treasury. (JKB) (Entered: 05/21/2025)

May 21, 2025

May 21, 2025

PACER

Case Assigned/Reassigned

May 21, 2025

May 21, 2025

PACER
7

DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Fidelity National Title Insurance Company identifying Corporate Parent Fidelity National Financial, Inc. for Fidelity National Title Insurance Company.. (Singer, Stuart) (Entered: 05/22/2025)

May 22, 2025

May 22, 2025

PACER
8

DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Fidelity National Financial, Inc.. (Singer, Stuart) (Entered: 05/22/2025)

May 22, 2025

May 22, 2025

PACER
10

NOTICE TO COUNSEL AND PARTIES: The Middle District of Florida's revised Local Rules become effective April 1, 2024, and can be found on the Court's public website https://www.flmd.uscourts.gov/local-rules. Additionally, the undersigned has issued Standing Orders, available at https://www.flmd.uscourts.gov/judges/wendy-berger, that apply to all proceedings before the undersigned. For a just and efficient resolution of this case, the parties are DIRECTED to read and comply with the Middle District of Florida's Local Rules and this Court's Standing Orders. See Local Rule 1.01(a). Failure to comply with ANY Local Rules or Court Orders may result in the imposition of sanctions including, but not limited to, the dismissal of this action or entry of default without further notice. Signed by Judge Wendy W. Berger on 5/23/2025. (CKS) (Entered: 05/23/2025)

May 23, 2025

May 23, 2025

PACER
9

Amended DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Fidelity National Financial, Inc.(Singer, Stuart) Modified on 5/23/2025 to edit docket text (MSN). (Entered: 05/23/2025)

May 23, 2025

May 23, 2025

PACER

Order

May 23, 2025

May 23, 2025

PACER
11

NOTICE TO COUNSEL Jesse Michael Panuccio of Local Rule 2.01(b)(2)(B), which requires members of the Middle District bar to maintain with the clerk a current telephone number, mailing address, and email address. Update your contact information for the Middle District through PACER. (Signed by Deputy Clerk). (JG) (Entered: 05/27/2025)

May 27, 2025

May 27, 2025

PACER

Notice to Counsel of Local Rule

May 27, 2025

May 27, 2025

PACER
12

ORDER REFERRING CASE to Magistrate Judge for case management, ruling on all non-dispositive motions, and the issuance of Report and Recommendations on dispositive motions. Signed by Judge Wendy W. Berger on 5/28/2025. (CKS) (Entered: 05/28/2025)

May 28, 2025

May 28, 2025

PACER
13

PROOF of service by Fidelity National Financial, Inc., Fidelity National Title Insurance Company (Singer, Stuart) (Entered: 06/17/2025)

June 17, 2025

June 17, 2025

PACER
14

PROOF of service by Fidelity National Financial, Inc., Fidelity National Title Insurance Company (Singer, Stuart) (Entered: 06/24/2025)

June 24, 2025

June 24, 2025

PACER
15

Notice of Lead Counsel Designation

July 24, 2025

July 24, 2025

PACER
16

Notice of appearance

July 24, 2025

July 24, 2025

PACER
17

Notice of appearance

July 24, 2025

July 24, 2025

PACER
18

Miscellaneous Relief

July 24, 2025

July 24, 2025

PACER
19

Notice (Other)

July 25, 2025

July 25, 2025

PACER
21

Appear Pro Hac Vice

July 28, 2025

July 28, 2025

PACER
22

Appear Pro Hac Vice

July 28, 2025

July 28, 2025

PACER
23

Appear Pro Hac Vice

July 28, 2025

July 28, 2025

PACER
24

Appear Pro Hac Vice

July 28, 2025

July 28, 2025

PACER

Order on Motion for Miscellaneous Relief

July 28, 2025

July 28, 2025

PACER

Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice

July 29, 2025

July 29, 2025

PACER
26

Motion Hearing

July 30, 2025

July 30, 2025

PACER
27

Order on Motion for Miscellaneous Relief

July 30, 2025

July 30, 2025

PACER
28

Notice (Other)

Aug. 13, 2025

Aug. 13, 2025

PACER
29

Extension of Time to File

Aug. 14, 2025

Aug. 14, 2025

PACER

Order on Motion for Extension of Time to File

Aug. 14, 2025

Aug. 14, 2025

PACER
31

Stipulation

Aug. 15, 2025

Aug. 15, 2025

PACER
32

Appear Pro Hac Vice

Aug. 18, 2025

Aug. 18, 2025

PACER
33

Disclosure Statement - LR 3.03 and FRCP 7.1

Aug. 19, 2025

Aug. 19, 2025

PACER

Order on Motion to Appear Pro Hac Vice

Aug. 19, 2025

Aug. 19, 2025

PACER

Case Details

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):

Jurisdiction-wide

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Constitutional Clause(s):

Commerce Power

Unreasonable search and seizure

Freedom of speech/association

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Record-keeping

Records Disclosure