1 May, 2017

 On April 28, following expedited briefing and a week of deliberation, the D.C. Circuit denied FBME Bank’s request for emergency stay pending appeal.  Consistent with the extraordinary nature of the requested relief, the D.C. Circuit noted simply that FBME Bank had “not satisfied the stringent requirements for a stay pending appeal,” without addressing any of the specific merits questions that remain before it.  A copy of the order denying emergency stay is linked here.  It is worth emphasizing that the D.C. Circuit, in denying emergency stay, did not purport to resolve the merits of FBME Bank’s pending appeal of the judgment upholding FinCEN’s latest rule.  To the contrary, it the very same day issued an order setting forth a schedule for FBME Bank to brief its appeal.  A copy of that order is linked here.  FBME Bank is currently arranging for its appeal to proceed on an expedited basis so that the merits can be decided this fall.  In the meantime, FBME Bank respectfully asks that all concerned be patient and await decision by the appellate tribunal before considering the outcome of FBME Bank’s challenge in the United States to be final.