Perhaps, but that's a new one one me.
If they are going to send Rush to trial over this, then they should do the same to every other person who has done it.
Banks typically ask their big customers to do this whenever possible as a favor - so as to avoid the federal reporting requirements.
The bank Rush was dealing with paid a fine for doing it. Reputable banks DO NOT ask customers to do this, because it happens to be against the law and we bankers are well aware that we are very closely watched.