The Supreme Court has released its 5-4 decision in Bittner v. United States, No. 21-1195, holding that the Bank Secrecy Act's penalty for non-willful failure to file a Report of Foreign Bank and Financial Accounts (FBAR) applies on a per-form basis'and not on a per-account basis, as argued by the government.
The decision released on February 28, 2023, resolves the split existing between the Fifth and Ninth Circuits following the Fifth Circuit's holding in United States v. Bittner, 19 F.4th 734 (5th Cir. Nov. 30, 2021), which held that...
