This isn't guidance from FinCEN, this is mis-guidance from the highest level.
Yep. As I said on one of the many other FinCEN threads...
We see this type of BS "guidance" in the self-defense rights movement all the time. California Department of Justice's Bureau of Firearms loves chilling the exercise by making shit up (formally called "underground regulation"). Gotta report their shit to the Office of Administrative Law, which overrules the underground regulations. Maybe there is a similar office to OAL charged with weenie-whacking corrupt bastards in the fed gov.