11th Circuit Partly Reverses Gyetvay: FBAR & Statute of Limitations

Case Summary

On August 7, 2025, the Eleventh Circuit reversed Mark Gyetvay’s misdemeanor failure-to-file convictions for 2013–2014 as time-barred, but affirmed his convictions for (i) a false statement in his Streamlined certification and (ii) failing to properly file his 2014 FBAR. The court also vacated the restitution order and remanded for resentencing. For practitioners, the opinion tightens the screws on §3292 tolling and underscores the risk around inaccurate Streamlined certifications and incomplete FBARs. Eleventh Circuit Court of Appeals

What exactly did the Eleventh Circuit decide?

• Affirmed:

  • False statement tied to the Streamlined certification (18 U.S.C. §1001).

  • 2014 FBAR failure under the Bank Secrecy Act. Eleventh Circuit Court of Appeals

• Reversed:

  • 2013–2014 failure-to-file tax returns (26 U.S.C. §7203) as time-barred, because the district court’s §3292 tolling order didn’t make the required findings for those offenses. Eleventh Circuit Court of Appeals

• Vacated & Remanded:

  • Restitution (and overall resentencing) due to errors requiring reconsideration. Eleventh Circuit Court of Appeals

For a news overview, Bloomberg Tax reported the tax charges were reversed as time-barred, consistent with the court’s holding. Bloomberg Tax

Why were the failure-to-file counts time-barred?

The government had obtained a §3292 order to toll the statute of limitations while seeking evidence abroad. But the district court’s order did not contain the required findings that evidence of the §7203 offenses (failure to file) was located in a foreign country. Result: no valid tolling for those counts → time-barred. Eleventh Circuit Court of Appeals

Practice point for CPAs & advisors: If a case hinges on cross-border evidence, the specificity of any §3292 tolling order matters. Vague or offense-mismatched findings can unravel charges on limitations grounds later.

What still stuck—and why it matters

1. Streamlined certification (false-statement) risk.
   The court upheld the §1001 conviction, reminding practitioners that Streamlined filings are sworn. Inaccuracies (even narrative ones) can become criminal exposure—not just civil penalty risk. Eleventh Circuit Court of Appeals

2. FBAR accuracy, not just timeliness.
   The government’s theory—that the 2014 FBAR was deficient because it omitted a significant account—held. In short: an incomplete FBAR can function like a non-filing for criminal purposes. Eleventh Circuit Court of Appeals

3. Restitution & relevant-conduct calculus.
   The panel vacated restitution and sent resentencing back, but it discussed how prior reporting failures and account balances fed the Guidelines and financial calculations. Expect close scrutiny of account valuation, “relevant conduct,” and loss/benefit proxies at resentencing. Eleventh Circuit Court of Appeals

Key takeaways for small CPA firms

1) Streamlined = sworn statement risk

• Treat the non-willful certification like testimony. Substantiate with contemporaneous facts and maintain a defensible file.

• Educate clients: Streamlined is not amnesty; misstatements can trigger §1001 exposure. Eleventh Circuit Court of Appeals

2) FBAR completeness is non-negotiable

• List every reportable account. “I ran out of fields” is not a defense—attach continuation pages or file electronically to include all accounts. Eleventh Circuit Court of Appeals

3) Don’t assume limitations are “tolled”

• If you see the government invoking §3292, the order must specifically tie the foreign-evidence finding to each charged offense. Defense teams should inspect the order’s offense coverage. Eleventh Circuit Court of Appeals

4) Expect tougher sentencing math on remand

• Even with two counts reversed, the court’s discussion signals that historic balances and patterns of non-filing can influence Guidelines and restitution—so clean, verifiable records matter. Eleventh Circuit Court of Appeals

How this changes advisor conversations

• Client vetting: Add targeted questions about all historical foreign accounts, entity structures, and any prior certifications (OVDP/Streamlined).

• Documentation: Keep balance histories and source statements; anticipate that agents and courts will reconstruct “high balances” across years. Eleventh Circuit Court of Appeals

• Timing strategy: For late filers, limitations might be relevant—but don’t rely on them. Criminal and civil timelines differ, and FBAR civil penalties can still loom. (Recent Eleventh Circuit attention to FBAR penalties in other cases shows the environment is active.) Eleventh Circuit Court of Appeals

FAQ box

Q: If the failure-to-file counts were time-barred, is the case over?
A: No. The court affirmed the false-statement and FBAR counts and vacated restitution; the case returns to the district court for resentencing. Eleventh Circuit Court of Appeals

Q: Does an incomplete FBAR expose clients criminally?
A: Potentially, yes. The panel accepted a theory that omitting an account rendered the filing deficient, supporting the willful FBAR conviction. Eleventh Circuit Court of Appeals

Q: Are Streamlined certifications still safe?
A: They’re useful for eligible taxpayers, but accuracy is critical. False statements can sustain a §1001 conviction. Eleventh Circuit Court of Appeals

Compliance checklist you can paste into your client intake workflow

• □ Confirm full account inventory (all banks, custodians, entities).

• □ Reconcile year-end and high balances vs. statements.

• □ Map ownership vs. signature authority precisely.

• □ Screen for prior filings/certifications (OVDP/Streamlined).

• □ Draft the Streamlined non-willful narrative with evidentiary cites.

• □ Use e-filing or continuation pages to avoid omissions.

• □ Maintain a chronology of key notices and advisor communications.

Sources

• Eleventh Circuit published opinion (Aug 7, 2025): United States v. Mark Gyetvay, Nos. 23-13254 & 23-13383 — Affirmed in part; reversed in part; vacated and remanded. Eleventh Circuit Court of Appeals

• Limitations/tolling discussion leading to reversal of §7203 counts. Eleventh Circuit Court of Appeals

• News recap: Bloomberg Tax, “Tax Charges Against Ex-Novatek CFO Reversed as Time-Barred” (Aug 7, 2025). Bloomberg Tax

How CHI Border can help

CHI Border works with small CPA firms whose 1040 clients have cross-border exposure. We assist with FBAR/streamlined readiness reviews, documentation frameworks, and process design—so your team can execute confidently and avoid pitfalls highlighted in Gyetvay. (Legal representation, if needed, is referred through proper channels.)

Questions about a fact pattern? Send a brief outline and we’ll suggest next steps and a scoping approach. 

Disclaimer

The information provided in this guide is for informational purposes only and should not be considered as tax or legal advice. Foreign residents should consult with a qualified tax advisor to ensure compliance with both U.S. and home country tax laws and to optimize their tax strategies.

CHI Border is not responsible for any actions taken based on the information provided in this guide. Always seek professional advice tailored to your specific circumstances.