This may actually turn out to be an international copy-paste screwup. Since both prosecutors are dealing with completely different legal frameworks and need to prove different things. But presumably they shared all the evidence.
Some of the reasoning (especially the worst parts)/in the indictment is so similar to what I heard the Dutch prosecutor say that I suspect one side copy-pasted the other. Probably the US copying NL, lowering the charge from actual money laundering to just conspiracy, and then - out of habbit and without reading the FinCen guidance - slapping on the missing registration thing.
If they HAD read that guidence they presumably would have referred to it and explain why it doesn't apply.