U.S. Fifth Circuit Court granted appeal to lift injunction on CTA reporting:
Federal Appeals Court Lifts Block on Anti-Money Laundering Law
In a significant legal development, a federal appeals court has lifted an order that had blocked the nationwide enforcement of the Corporate Transparency Act (CTA). This anti-money laundering law mandates that corporate entities disclose the identities of their beneficial owners to the U.S. Treasury Department.
Background of the Case
The 5th U.S. Circuit Court of Appeals, in a decision by a three-judge panel, put on hold a nationwide injunction issued earlier this month by U.S. District Judge Amos Mazzant in Sherman, Texas. Judge Mazzant had ruled the CTA unconstitutional, a decision sought by several small businesses ahead of a key January 1, 2025 deadline for entities to file initial reports under the law.
The Appeals Court’s Decision
Monday’s ruling allows the CTA to be enforced once again as the case proceeds. The appeals court noted that the U.S. Department of Justice made a strong showing that it is likely to succeed on the merits in defending the CTA’s constitutionality. This decision is crucial as it reinstates the law’s requirements for corporate transparency, aimed at curbing illicit financial activities.
Legal Challenges and Implications
The law has faced several legal challenges. Judge Mazzant’s decision marked the first time a judge had blocked the law nationwide, though a federal judge in Alabama had issued a more limited injunction that is currently on appeal. Mazzant argued that Congress had no authority under its powers to regulate commerce, taxes, and foreign affairs to adopt the “quasi-Orwellian statute,” suggesting it likely violated states’ rights under the U.S. Constitution’s Tenth Amendment.
However, the 5th Circuit panel countered that the reporting requirement falls within Congress’ broad authority under the U.S. Constitution’s Commerce Clause to regulate economic activity affecting interstate commerce.
Next Steps
As the legal battles continue, the enforcement of the CTA January 01, 2025 deadline is in effect. As your trusted advisors, Andersen will continue monitoring these developments and provide timely updates to ensure your business is compliance and well positioned for any changes ahead.
For more information or assistance with compliance planning, please contact our team.
Andersen Canada Contact
 | Namir Hallak CPA, CA, CPA (Kansas), CGMA |
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