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Ian Freeman, fka Ian Bernard v. United States

Paid petition · United States Court of Appeals for the First Circuit, No. 23-1839 · judgment July 29, 2025


Certiorari denied · February 23, 2026
Pre-decision estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Did the federal agency FinCEN exceed the authority granted in 2001 by Congress in 31 U.S.C. § 5330 to regulate money transmitting businesses when FinCEN interpreted one word in that statute – “funds” – as authority to require sellers of bitcoin and other virtual currencies prior to 2021 to register with FinCEN, when virtual currency was not invented until 2008 and when Congress did not amend the statute to capture virtual currencies until 2021, after they had become financial instruments of great political and economic significance?

Counsel of record

For petitioner
Richard C. Guerriero Jr.
Lothstein Guerriero PLLC

For respondent
D. John Sauer
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Feb 23 2026
    Petition DENIED.
  2. Jan 14 2026
    DISTRIBUTED for Conference of 2/20/2026.
  3. Jan 12 2026
    Waiver of right of respondent United States to respond filed.
  4. Dec 22 2025
    Petition for a writ of certiorari filed. (Response due January 28, 2026)