News & Analysis as of

Constitutional Challenges U.S. Treasury Financial Crimes

Ballard Spahr LLP

FinCEN’s Southwest Border Geographic Targeting Order Faces Challenges in Texas and Southern California

Ballard Spahr LLP on

In March, we wrote about the Department of Treasury’s Financial Crimes Enforcement Network (FinCEN) issuing a Geographic Targeting Order (GTO) aimed to combat Mexican-based drug cartels. The GTO signals Treasury’s efforts to...more

Allen Matkins

Department Of Treasury Letter Evidences CTA Privacy Threat

Allen Matkins on

As explained in this Alert, the Fifth Circuit Court of Appeals in an abrupt volte-face has reinstated the nationwide injunction against enforcement of the Corporate Transparency Act’s Beneficial Ownership Information...more

Rivkin Radler LLP

The Status of the Corporate Transparency Act – It’s Not Clear

Rivkin Radler LLP on

Few would argue that the federal government does not have a legitimate interest in preventing, detecting, and punishing tax fraud, money laundering, and other financial crimes. Likewise, I imagine few would disagree with the...more

Wilson Sonsini Goodrich & Rosati

On Again, Off Again – The Corporate Transparency Act is Off Again!

On December 26, 2024, the U.S. Court of Appeals for the Fifth Circuit vacated its previous order granting a stay of the nationwide preliminary injunction in Texas Top Cop Shop, Inc., et al. v. Garland, et al., No. 24-40792...more

McCarter & English, LLP

Corporate Transparency Act: Preliminary Injunction & FinCen’s Response

McCarter & English, LLP on

The Corporate Transparency Act (31 U.S.C. § 5336, the CTA), which went into effect on January 1, 2024, requires a broad range of corporations, limited liability companies, and other entities (“reporting companies”) to file...more

Hogan Lovells

U.S. District Court suspends enforcement of Corporate Transparency Act (CTA) and FinCEN implementing regulations

Hogan Lovells on

On December 3, 2024, the U.S. District Court for the Eastern District of Texas suspended the enforcement of the U.S. Corporate Transparency Act (“CTA”) and its implementing regulations for “reporting companies” issued by the...more

Epstein Becker & Green

Enforcement of Corporate Transparency Act Halted by Federal Court

Epstein Becker & Green on

Following the decision of a federal court on December 3, 2024, enjoining enforcement of the Corporate Transparency Act (the “Act”), FinCEN announced last week that reporting companies are not currently required to file...more

Cooley LLP

Federal District Court Enjoins Enforcement of Corporate Transparency Act Beneficial Ownership Information Reporting Requirements...

Cooley LLP on

On Tuesday, December 3, 2024, the US District Court for the Eastern District of Texas issued an order in favor of the plaintiffs in Texas Cop Shop, Inc. et al. v. Garland et al., granting the plaintiffs’ motion for...more

Hendershot Cowart P.C.

Federal Court Blocks Corporate Transparency Act: What This Means for Business Owners

Hendershot Cowart P.C. on

A Texas federal court has temporarily blocked the implementation of the Corporate Transparency Act (CTA) nationwide. The decision, issued by Judge Amos L. Mazzant III of the US District Court for the Eastern District of...more

Husch Blackwell LLP

Eleventh Circuit to Review Constitutionality of Corporate Transparency Act

Husch Blackwell LLP on

The Corporate Transparency Act (CTA), a pivotal piece of legislation aimed at preventing financial crimes, is under constitutional scrutiny. We previously reported that on March 1, 2024, the U.S. District Court for the...more

Ballard Spahr LLP

Treasury Asks the Eleventh Circuit to Uphold the CTA and Congressional Authority

Ballard Spahr LLP on

We previously blogged on the lawsuit filed by the National Small Business Association (“NSBA”) and one of its individual members, which sought to challenge the constitutionality of the Corporate Transparency Act (“CTA”). Most...more

Whiteford

Corporate Transparency Act Guidelines - April 2024

Whiteford on

The Corporate Transparency Act’s (the “CTA”) reporting requirements are effective as of January 1, 2024. As a result, many companies in the United States will have to report information about their beneficial owners, i.e.,...more

Falcon Rappaport & Berkman LLP

Constitutional Clash: U.S. District Court Landmark Decision Declares the Corporate Transparency Act Unconstitutional

In 2021, Congress passed the Corporate Transparency Act (CTA), which will be administered and enforced by the Financial Crimes Enforcement Network (“FinCEN”) of the United States Treasury Department, in an effort to implement...more

Husch Blackwell LLP

The Corporate Transparency Act Is Unconstitutional—But Not for You

Husch Blackwell LLP on

On Friday March 1, 2024, the U.S. District Court for the Northern District of Alabama in NSBA v. Yellen ruled that the Corporate Transparency Act (CTA) is unconstitutional because it cannot be justified as an exercise of...more

Vinson & Elkins LLP

The Corporate Transparency Act - NSBU v. Yellen

Vinson & Elkins LLP on

In a key development relating to the Corporate Transparency Act (the “CTA”), on March 1, 2024, U.S. District Judge Liles C. Burke of the Northern District of Alabama issued a memorandum opinion and final judgment ruling the...more

Troutman Pepper Locke

In Limited Ruling, CTA Held "Unconstitutional" by U.S. District Court

Troutman Pepper Locke on

On March 1, the U.S. District Court of the Northern District of Alabama filed an opinion that rendered the Corporate Transparency Act (CTA) unconstitutional. Importantly, the court’s ruling only applies to the plaintiffs in...more

Whiteford

Client Alert: Corporate Transparency Act (CTA) Found Unconstitutional by Federal District Court

Whiteford on

On March 1, 2024, the U.S. District Court for the Northern District of Alabama in National Small Business United et al.  v. Janet Yellen et. al., Case No. 5:22-cv-1448-LCB,  held the Corporate Transparency Act (the “CTA”) to...more

Polsinelli

Challenge to Corporate Transparency Act Prevails – For Now

Polsinelli on

On March 1, 2024, a U.S. District Judge in Alabama issued a judgment holding that the Corporate Transparency Act (CTA) is unconstitutional because it exceeds the Constitution’s limits on Congress’ power. Further, FinCEN is...more

Polsinelli

Part 4: Addressing and Demystifying Common Denials Surrounding the Upcoming CTA

Polsinelli on

CTA Denial #4: “That can’t be constitutional.” A lone small business advocacy group, National Small Business United (affiliated with the National Small Business Association), has filed suit against the U.S. Department of...more

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