Documents obtained by the Select Subcommittee on the Weaponization of the Federal Government reveal that the federal government flagged terms like “MAGA” and “TRUMP” for financial institutions when Americans used these phrases in transactions.
The flagged transactions also included individuals who shopped at stores like Cabela’s or Dick’s Sporting Goods and those who purchased religious texts like a bible. This widespread financial surveillance, conducted in coordination with federal law enforcement, raises concerns about the FBI’s respect for fundamental civil liberties.
In response to these revelations, Chairman Jim Jordan (R-OH) has requested transcribed interviews from Peter Sullivan, Senior Private Sector Partner for Outreach in the Strategic Partner Engagement Section of the FBI, and Noah Bishoff, former Director of the Office of Stakeholder Integration and Engagement in the Strategic Operations Division of the Financial Crimes Enforcement Network (FinCEN).
Excerpts of the Letter to Noah Bishoff: “The Committee and Select Subcommittee have obtained documents indicating that following January 6, 2021, FinCEN distributed materials to financial institutions outlining the ‘typologies’ of various persons of interest and providing suggested search terms and Merchant Category Codes (MCCs) for identifying transactions on behalf of federal law enforcement. These materials recommended the use of generic terms like ‘TRUMP’ and ‘MAGA’ to ‘search Zelle payment messages’ and included a ‘prior FinCEN analysis’ of ‘Lone Actor/Homegrown Violent Extremism Indicators.’ FinCEN warned financial institutions of ‘extremism’ indicators, including charges for transportation and the purchase of books (including religious texts) containing extremist views. In essence, FinCEN prompted large financial institutions to scrutinize customers’ private transactions based on protected political and religious expression.
“In addition, the Committee and Select Subcommittee obtained documents showing that FinCEN distributed slides, prepared by a financial institution, explaining how other financial institutions can use MCC codes to detect customers whose transactions may reflect ‘potential active shooters’ or ‘dangerous International Terrorists / Domestic Terrorists / Homegrown Violent Extremists (“Lone Wolves”).’ For instance, the slides instruct financial institutions to query for transactions using MCC codes such as ‘3484: Small Arms,’ ‘5091: Sporting and Recreational Goods and Supplies,’ and the keywords ‘Cabela’s’ and ‘Dick’s Sporting Goods,’ among others. Despite these transactions having no apparent criminal nexus and relating to Americans exercising their Second Amendment rights, FinCEN characterized these individuals as potential threat actors. This extensive financial surveillance, carried out with federal law enforcement coordination, into Americans’ private transactions raises serious doubts about FinCEN’s respect for fundamental civil liberties.
“As the former Director of the Office of Stakeholder Integration and Engagement in the Strategic Operations Division, you engaged regularly with financial institutions following the events of January 6, 2021, including the distribution of material about how financial institutions could use private customer information to assist federal law enforcement. Your testimony will aid our oversight, providing insights into federal law enforcement’s mass accumulation and use of Americans’ private information, FinCEN’s protocols to safeguard Americans’ privacy and constitutional rights, and FinCEN’s general engagement with the private sector on law-enforcement matters.”
