Evaluating the Financial Crimes Enforcement Network

Defense Posture and Global ThreatsHouse Financial Services Subcommittee on National Security, Illicit Finance, and International Financial Institutions · 2025-09-09 · 119th Congress
The House Financial Services Subcommittee on National Security, Illicit Finance, and International Financial Institutions held its third statutorily-required hearing with FinCEN's director to examine the agency's operations, the troubled status of the Corporate Transparency Act's beneficial ownership information (BOI) reporting regime, the Anti-Money Laundering Act of 2020, and the Bank Secrecy Act. Begins at 0:08:48
Transcript
Highlights

Title

Oversight of FinCEN's beneficial ownership rules and illicit finance efforts

Purpose

The House Financial Services Subcommittee on National Security, Illicit Finance, and International Financial Institutions held its third statutorily-required hearing with FinCEN's director to examine the agency's operations, the troubled status of the Corporate Transparency Act's beneficial ownership information (BOI) reporting regime, the Anti-Money Laundering Act of 2020, and the Bank Secrecy Act. Members questioned Director Andrea Gacki on Treasury's decision to exempt most domestic companies from BOI reporting, data retention practices, the new nationwide residential real estate reporting rule, cartel and fentanyl finance, crypto ATMs, and Jeffrey Epstein-related suspicious activity reports. Begins at0:08:48

Who spoke

Chairman Warren Davidson (R-OH), Subcommittee Chair0:08:48: Opened by criticizing the Bank Secrecy Act as a "bloated surveillance machine," citing FinCEN data that law enforcement accessed only 5.4% of currency transaction reports filed 2014–20230:10:32; later questioned Gacki on beneficial ownership reform and an Act Blue-related fraud investigation0:24:310:28:19.

Rep. Emilia Sykes (Batty) (D-OH), Ranking Member0:12:43: Argued FinCEN is small but vital to fighting fentanyl trafficking0:13:39, criticized Treasury for exempting over 99% of companies from BOI reporting0:15:32, and pressed Gacki on whether domestic companies still pose money-laundering risk0:31:06.

Chairman French Hill (R-AR), Full Committee Chair0:16:52: Welcomed the March interim BOI rule as easing burdens on 32 million small businesses0:17:27; later proposed using existing IRS Form 1065/K-1 data instead of a new BOI database0:35:14 and questioned the $630 million compliance cost of the new geographic targeting/residential real estate rule0:38:12.

Rep. Maxine Waters (D-CA), Full Committee Ranking Member0:18:01: Said the administration's rollbacks weaken fraud protections and cited GOP "gutting" of the Corporate Transparency Act0:18:53; later questioned Gacki on Chinese money-laundering networks aiding cartels0:40:06 and Caribbean de-risking policy0:42:03.

Director Andrea Gacki, FinCEN0:19:36: Outlined FinCEN priorities including cartel/fentanyl finance, Iran sanctions, fraud, and digital assets0:20:02; described the June designation of three Mexican banks as primary money-laundering concerns0:20:49; said FinCEN intends to finalize the BOI interim rule this year0:22:511:08:06; disclosed the rapid response program has repatriated over $1 billion in fraud proceeds0:47:21.

Rep. Pete Sessions (R-TX)0:55:33: Questioned Gacki on the scope of the residential real estate anti-laundering rule, confirming it targets shell-company cash purchases, not individuals0:56:320:58:42; asked about data retention periods for closed investigations0:59:16.

Rep. Zoe Lofgren (Licardo) (D-CA)1:01:08: Asked about crypto ATM fraud, mixers, and DeFi's lack of BSA coverage, citing a study finding 91% of examined fraud/theft occurred on DeFi1:04:42; warned that combining exempted domestic BOI rules with unregulated DeFi creates opportunities for criminals1:05:42.

Rep. Roger Williams (R-TX), Small Business Committee Chair1:06:55: Pressed Gacki to commit to deleting BOI data no longer required to be filed1:07:20; raised the $630 million compliance cost of the residential real estate rule on title companies1:08:30.

Rep. Andy Barr (R-KY), Financial Institutions Subcommittee Chair1:11:49: Noted only 3,626 of ~9,148 banks nationally (and 47 of 178 in Kentucky) participate in 314(b) information sharing, and asked for clearer safe-harbor guidance1:12:20; asked about blockchain transparency aiding law enforcement1:16:45.

Rep. Young Kim (R-CA)1:17:15: Raised the burden of the residential real estate rule on Southern California title companies given a ~$900,000 median home price and ~$560 million first-year compliance cost1:17:46; invited Gacki to a district roundtable1:21:14.

Rep. Bill Foster (D-IL), Financial Institutions Subcommittee Ranking Member1:22:41: Discussed FinCEN's deepfake/identity fraud alert and proposed mobile driver's licenses/digital ID standards for KYC, urging federal standards for secure device "enclaves"1:22:41.

Rep. Andy Ogles (R-TN)1:27:54: Pushed for aggressive data deletion policies given federal security breaches1:28:42; asked how many U.S. overdose deaths trace to laundering through Mexican banks Cibanco, Intercam, and Vector, and why FinCEN granted them extensions rather than immediate cutoff1:29:45.

Rep. Sean Casten (D-IL)1:33:15: Cited FBI data of over 10,000 crypto ATM complaints and $246 million in losses in 20241:33:41; described a constituent story of a convenience-store owner removing a Bitcoin ATM after seeing seniors repeatedly scammed1:35:36; asked about statutory authority gaps for pursuing overseas mixers1:36:50.

Rep. Maria Elvira Salazar (R-FL)1:38:47: Raised Miami-district companies allegedly violating the Cuban embargo1:39:04 and pressed Gacki on the lack of public proof behind the Cibanco money-laundering designation, which she said cost the bank's owner $400 million1:40:541:41:39.

Rep. Zach Nunn (R-IA), Subcommittee Vice Chair1:44:19: Said FinCEN receives ~20 million CTRs and 5 million SARs annually, taking an estimated 533 million hours industry-wide, and asked how many resulted in prosecutions1:45:411:46:00; asked who at Treasury was held accountable for a Chinese hack of Treasury systems1:48:04.

Rep. Rashida Tlaib (D-MI)1:53:30: Asked about Sen. Wyden's disclosure of Epstein-related SARs totaling $1.5 billion in transactions, including JPMorgan Chase's reporting on Russian banks1:53:301:54:04; yielded time to Ranking Member Sykes to move a subpoena1:55:20.

Rep. Emilia Sykes (Batty), on the Epstein subpoena motion1:55:20: Moved to subpoena the Treasury Secretary for all unredacted Epstein-related financial records, including SARs and CTRs1:55:47.

Rep. Stephanie Bice, on point of order/tabling motion1:56:55: Reserved and later withdrew a point of order, then moved to table Sykes's subpoena motion1:58:20.

Key moments

Chairman Davidson cited FinCEN data showing law enforcement accessed only 5.4% of currency transaction reports filed from 2014–20230:10:32.

Ranking Member Sykes said Treasury's interim rule exempts over 99% of companies Congress intended to cover under the Corporate Transparency Act0:15:32, a figure Gacki did not dispute when later pressed0:33:12.

Gacki confirmed the rapid response program has repatriated over $1 billion in fraud proceeds since inception, working with the FBI, Secret Service, and IRS Criminal Investigations0:47:21.

Chairman Hill proposed using existing IRS Form 1065/K-1 data instead of a new beneficial ownership database; Gacki called the idea "very well taken" and agreed to explore it with Treasury leadership0:35:140:37:18.

Rep. Waters got Gacki to confirm Under Secretary John K. Hurley's statement that Chinese money-laundering networks enable cartels to "poison Americans with fentanyl" and conduct human trafficking0:40:361:41:08.

Gacki said the new nationwide residential real estate reporting rule, effective December 2025, carries estimated compliance costs of roughly $630 million (about $600 per report on ~850,000 transactions/year)0:38:121:08:57.

Rep. Nunn said FinCEN receives ~20 million CTRs and 5 million SARs, requiring an estimated 533 million compliance hours nationwide, and Gacki was unable to state how many arrests resulted1:45:411:47:20.

Sharp exchange between Rep. Salazar and Gacki over the blacklisting of Mexican bank Cibanco: Salazar said the bank's owner lost $400 million with no public proof of wrongdoing shown to him, while Gacki said she "stands by" FinCEN's public orders designating Cibanco, Intercam, and Vector as primary money-laundering concerns1:40:541:41:57.

Rep. Tlaib and Ranking Member Sykes raised Sen. Wyden's disclosure of Epstein-related SARs totaling $1.5 billion, including a JPMorgan Chase report on ~$1 billion(sic, "hundred million") in transactions with Russian banks that employees allegedly flagged internally for over a decade1:53:491:54:26.

The subcommittee held a recorded vote on Ranking Member Sykes's motion to subpoena the Treasury Secretary for unredacted Epstein-related financial records; the motion to table passed 8–5 along party lines2:04:262:05:39.

Metadata

CommitteeHouse Financial Services Subcommittee on National Security, Illicit Finance, and International Financial Institutions
Chamber / CongressHouse · 119th Congress
Date2025-09-09
TypeHearing
Witnesses
Ms. Andrea Gacki — Director, Financial Crimes Enforcement Network (FinCEN)
Videoyoutube
Transcript348 caption blocks · 16,660 words · 2:06:07 runtime
EventCongress.gov 118574