The Supreme Court on Tuesday morning added two cases — one involving the Bank Secrecy Act, the other involving the government’s power to dismiss fraud claims — to its 2022-23 docket. In a list of orders from the justices’ private conference last week, the justices also turned down – over a dissent from Justice Clarence Thomas that was joined by Justice Samuel Alito – a request from Ohio to reinstate the conviction and death sentence of an inmate who was convicted of killing his cellmate.
The justices did not act on several high-profile petitions that they considered last week, including a challenge to New York’s COVID-19 vaccine mandate for health-care workers and a North Carolina case asking the justices to weigh in on the election-law doctrine known as the “independent state legislature” theory. The justices could decide whether to take up those cases as soon as next Monday.
Filing requirements under the Bank Secrecy Act
By granting review in Bittner v. United States, the justices agreed to weigh in on whether the failure to file an annual report disclosing foreign bank accounts counts as a single violation of the Bank Secrecy Act, no matter how many foreign accounts a taxpayer has, or whether a violation occurs each time an individual account is not properly reported.
The question came to the court in the case of Alexandru Bittner, a businessman with dual U.S./Romanian citizenship who did not report his foreign bank accounts while living in Romania. When Bittner...
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