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## Blow to Biden Administration’s Corporate Transparency Efforts

In a setback for the Biden administration’s push for corporate transparency, an Alabama federal district judge has issued a ruling that hinders the Treasury Department’s ability to mandate small business owners to disclose information about their ownership structure and beneficiaries.

U.S. District Judge Liles C. Burke’s decision challenges the constitutionality of the Corporate Transparency Act, a key anti-money laundering legislation included in the National Defense Authorization Act for the fiscal year 2021. The judge argued that Congress exceeded its authority in passing the law, rendering the subsequent rulemaking associated with it invalid.

The National Small Business Association took legal action in November 2022 to oppose the mandate requiring millions of small businesses to register with the government to curb illicit activities involving anonymous shell companies. The association contended that the reporting requirement imposes undue burdens on small enterprises, violates privacy rights, impedes freedom of speech, and encroaches on states’ regulatory powers over businesses.

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The ongoing conflict between safeguarding privacy rights and combating criminal activities underscores the delicate balance governments face. Especially in light of recent geopolitical events like the Russian aggression in Ukraine, efforts to uncover illicit financial transactions remain a top priority.

Judge Burke’s criticism of the Corporate Transparency Act as a form of congressional overreach reflects the ongoing debate surrounding the limits of government intervention in business affairs. The Treasury Department’s response to the ruling indicates a commitment to upholding the law while respecting judicial decisions.

Ian Gary’s viewpoint, representing the FACT Coalition, emphasizes the potential consequences of weakening transparency measures, highlighting the risks posed by anonymous shell companies in facilitating criminal enterprises. This ruling raises important questions about the intersection of legal frameworks, enforcement mechanisms, and the broader fight against financial crimes.

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