Supreme Court Brief

The National Law Journal quoted Joe Palmore and his amicus brief filed in Bittner v. United States, filed for his client, the U.S. Chamber of Commerce.

The [C]hamber tells the court that the rule of lenity applies to the Bank Secrecy Act. Under that rule, which applies to all statutes carrying civil penalties, when a statute in question imposes a penalty, it must be strictly construed regardless of whether someone’s physical liberty is at stake, Joe wrote.

“Properly subject to the rule of lenity, the government’s maximalist reading of the Bank Secrecy Act must give way to petitioner’s less draconian interpretation,” Joe wrote. He adds that “at a minimum, the law fails to provide a clear statement that violators can be subject to a (quickly multiplying) per-account obligation. The rule of lenity requires Congress to speak plainly if it wishes to inflict such harsh penalties on U.S. taxpayers.”

Read the full article (subscription may be required).