Feds using banks to surveil Americans’ financial data without warrants, House Judiciary says
The committee reported that Feds asked banks to search private transactions for terms like ‘MAGA,’ ‘Trump,’ and ‘Biden’
FIRST ON FOX: Federal law enforcement has been manipulating the Suspicious Activity Report (SAR) system to gain access to Americans’ financial information without warrants or probable cause, the House Judiciary Committee said Friday.
The panel and its Subcommittee on the Weaponization of the Federal Government released its interim report, first obtained by Fox News Digital, which details its findings.
The committee said in the report that the FBI “has manipulated” the SAR’s filing process to treat financial institutions “as de facto arms of law enforcement, issuing ‘requests’ without legal process, that amount to demands for information related to certain persons or activities it considers ‘suspicious.'”
“With narrow exception, federal law does not permit law enforcement to inquire into financial institutions’ customer information without some form of legal process,” the report states. “The FBI circumvents this process by tipping off financial institutions to ‘suspicious’ individuals and encouraging these institutions to file a SAR — which does not require any legal process — and thereby provide federal law enforcement with access to confidential and highly sensitive information.”
The committee said that, in doing so, the FBI “gets around the requirements of the Bank Secrecy Act,” which specifies that it is a bank’s responsibility to file a SAR whenever it identifies a “suspicious transaction relevant to a possible violation of law or regulation.”
The committee acknowledged that “at least one financial institution requested legal process from the FBI for information it was seeking,” but noted that “all too often the FBI appeared to receive no pushback.”
“In sum, by providing financial institutions with lists of people that it views as generally ‘suspicious’ on the front end, the FBI has turned this framework on its head and contravened the Fourth Amendment’s requirements of particularity and probable cause,” the report states.
The committee added that their oversight of “financial surveillance” had shed “new light on the decaying state of Americans’ financial privacy and the federal government’s widespread, warrantless surveillance programs.”
The committee began their investigation into government-led financial surveillance earlier this year, after a whistleblower disclosed that following the events of Jan. 6, 2021, Bank of America “voluntarily and without legal process” provided the FBI with a list of names of all individuals who used a Bank of America credit or debit card in the Washington, D.C., region around that time.
Fox News Digital first reported in March that federal investigators had asked banks to search and filter customer transactions by using terms like “MAGA” and “Trump” as part of an investigation into the Jan. 6, 2021 Capitol riot, warning that purchases of “religious texts” could indicate “extremism.”
The committee also obtained documents that indicate officials suggested that banks query transactions with keywords like Dick’s Sporting Goods, Cabela’s, Bass Pro Shops and more.
A source familiar with the documents told Fox News Digital at the time that while Jan. 6 was the “impetus” for the queries and searches, none of the documents the committee had obtained revealed any specific time frames or limitations for banks searching for customer transactions with the terms. The source said the federal government used the information for investigations beyond Jan. 6.
“In the days and weeks after January 6, 2021, the FBI coordinated with the Treasury Department’s Financial Crimes Enforcement Network to encourage financial institutions across the country to scour their data and file SARs on hundreds of Americans, if not more, without any clear criminal nexus,” the report says.
Continue reading “”