In a bombshell release issued on Feb. 27, 2025, the U.S. Department of the Treasury's Financial Crimes Enforcement Network (FinCEN) announced that it will not impose any fines or penalties or take any other enforcement...more
Here are the latest developments in the ongoing Corporate Transparency Act (CTA) saga...more
2/18/2025
/ Anti-Money Laundering ,
Appeals ,
Beneficial Owner ,
Constitutional Challenges ,
Corporate Transparency Act ,
FinCEN ,
Pending Legislation ,
Pending Litigation ,
Popular ,
Preliminary Injunctions ,
Regulatory Burden ,
Reporting Requirements ,
SCOTUS ,
Stays
In the Texas Top Cop Shop case, the U.S. District Court for the Eastern District of Texas on Dec. 3, 2024, issued an injunction that deferred all reporting requirements under the Corporate Transparency Act (CTA). (See Holland...more
As reported by Holland & Knight on Dec. 27, 2024, companies and individuals impacted by the Corporate Transparency Act (the CTA) reasonably could have believed there was a respite from the "off again, on again, off again"...more
1/10/2025
/ Appeals ,
Appellate Courts ,
Constitutional Challenges ,
Corporate Transparency Act ,
Department of Justice (DOJ) ,
FinCEN ,
Injunctions ,
Petition for Writ of Certiorari ,
Preliminary Injunctions ,
Reporting Requirements ,
SCOTUS ,
Stays
In a continuing series of dizzying judicial actions, the U.S. Court of Appeals for the Fifth Circuit on Dec. 26, 2024, vacated the stay and reinstated the nationwide preliminary injunction enjoining enforcement of the...more
12/30/2024
/ Appeals ,
Beneficial Owner ,
Business Entities ,
Business Ownership ,
Corporate Transparency Act ,
Department of Justice (DOJ) ,
Filing Deadlines ,
Filing Requirements ,
FinCEN ,
Preliminary Injunctions ,
Regulatory Requirements ,
Reinstatement ,
Reporting Requirements ,
Stays ,
Time Extensions ,
Vacated
High drama in Corporate Transparency Act (CTA) world: The latest saga involving the CTA commenced with the case of Texas Top Cop Shop, Inc., et al. v. Garland, et al., where a federal district court judge for the U.S....more
12/27/2024
/ Appeals ,
Beneficial Owner ,
Business Entities ,
Compliance ,
Corporate Transparency Act ,
Department of Justice (DOJ) ,
Filing Deadlines ,
Filing Requirements ,
FinCEN ,
Preliminary Injunctions ,
Regulatory Requirements ,
Reporting Requirements ,
Stays ,
Time Extensions
The U.S. Department of Justice (DOJ) on Dec. 13, 2024, filed an emergency motion with the U.S. Court of Appeals for the Fifth Circuit to stay the nationwide preliminary injunction that was issued by the U.S. District Court...more
12/17/2024
/ Appeals ,
Beneficial Owner ,
Business Entities ,
Constitutional Challenges ,
Corporate Transparency Act ,
Department of Justice (DOJ) ,
FinCEN ,
Pending Litigation ,
Preliminary Injunctions ,
Reporting Requirements ,
Stays
The U.S. District Court for the Eastern District of Texas on Dec. 3, 2024, issued a nationwide preliminary injunction suspending the government's enforcement of the Corporate Transparency Act (CTA) and its Implementing...more
12/10/2024
/ Appeals ,
Beneficial Owner ,
Business Entities ,
Commerce Clause ,
Constitutional Challenges ,
Corporate Governance ,
Corporate Transparency Act ,
Corporations Code ,
Department of Justice (DOJ) ,
FinCEN ,
Preliminary Injunctions ,
Regulatory Requirements ,
Reporting Requirements
The Corporate Transparency Act (CTA) requires "Reporting Companies" – domestic entities created by the filing of a document with a secretary of state and non-U.S. entities that have registered to do business in the United...more
12/6/2024
/ Beneficial Owner ,
Business Entities ,
Commerce Clause ,
Constitutional Challenges ,
Corporate Transparency Act ,
Financial Crimes ,
FinCEN ,
National Security ,
Preliminary Injunctions ,
Regulatory Requirements ,
Reporting Requirements ,
Tenth Amendment
The Financial Crimes Enforcement Network (FinCEN), a unit of the U.S. Department of the Treasury (Treasury Department) charged with administering the Corporate Transparency Act (the CTA), on Aug. 1, 2024, held a Tribal...more
8/9/2024
/ Beneficial Owner ,
Business Formation ,
Compliance ,
Corporate Governance ,
Corporate Transparency Act ,
Department of the Interior ,
Exemptions ,
FinCEN ,
Native American Issues ,
New Guidance ,
Reporting Requirements ,
Subsidiaries ,
Tribal Corporations ,
Tribal Governments
After announcing at the ABA White Collar Crime Conference last winter that it would engage in a months-long "policy sprint," the U.S. Department of Justice (DOJ or Department) released its Corporate Whistleblower Awards Pilot...more
8/6/2024
/ CFTC ,
Corruption ,
Department of Justice (DOJ) ,
Extortion ,
Federal Pilot Programs ,
Financial Institutions ,
FinCEN ,
Healthcare ,
Securities and Exchange Commission (SEC) ,
Whistleblower Awards ,
Whistleblower Protection Policies ,
Whistleblowers ,
White Collar Crimes
U.S. Deputy Attorney General Lisa Monaco announced the creation of a new U.S. Department of Justice (DOJ or Department) Whistleblower Rewards Program at the 39th Annual ABA White Collar National Institute in San Francisco...more
The U.S. Attorney's Office for the Southern District of New York (SDNY) on Jan. 10, 2024, announced a Whistleblower Pilot Program (Program) that it is presenting as another "tool in [the SDNY's] toolkit" that could unearth...more
1/22/2024
/ Compliance ,
Cooperation ,
Criminal Liability ,
Foreign Corrupt Practices Act (FCPA) ,
Fraud ,
Pilot Programs ,
Self-Disclosure Requirements ,
State Attorneys General ,
State Pilot Programs ,
Voluntary Disclosure ,
Whistleblowers ,
White Collar Crimes
The U.S. Department of Justice (DOJ) announced an initiative on Feb. 17, 2022, to investigate and prosecute individuals and businesses that engage in collusive schemes relating to supply chain disruptions. Seeking to protect...more
The Federal Maritime Commission (FMC or the Commission) met during both open and closed session on Jan. 27, 2022, to discuss the Commission's efforts to address ocean carriers' detention and demurrage practices, as well as...more
2/8/2022
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Antitrust Division ,
Biden Administration ,
Common Carriers ,
Competition ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Executive Orders ,
Federal Maritime Commission ,
Maritime Transport ,
Memorandum of Understanding ,
Shipping ,
Shipping Cargo ,
Vessels
In a stinging rebuke to government prosecutors, the U.S. Supreme Court unanimously reversed the federal fraud convictions of two New Jersey officials — Bridget Anne Kelly and William Baroni — who in brazen acts of political...more
5/21/2020
/ Appeals ,
Bridgegate ,
Criminal Convictions ,
Federal-Program Fraud ,
Governor Christie ,
Intent to Obtain Money or Property ,
Kelly v United States ,
Political Scandals ,
Public Officials ,
Reversal ,
SCOTUS ,
Wire Fraud
In a ruling with far-reaching implications, the U.S. Court of Appeals for the Second Circuit recently held that pre-announcement information at the Centers for Medicare & Medicaid Services (CMS) about reimbursement rates...more
2/7/2020
/ Appeals ,
Centers for Medicare & Medicaid Services (CMS) ,
Confidential Business Information (CBI) ,
Criminal Conspiracy ,
Dirks v SEC ,
Government Agencies ,
Hedge Funds ,
Insider Trading ,
Material Nonpublic Information ,
Personal Benefit ,
Physician Medicare Reimbursements ,
Property ,
Reimbursements ,
Securities Fraud ,
Wire Fraud
• A recent federal jury verdict in Dallas affirms the U.S. Department of Justice's determination to extend federal prosecutions to healthcare arrangements involving commercial payers by utilizing the federal Travel Act, which...more
4/26/2019
/ Aiding and Abetting ,
Anti-Kickback Statute ,
Bribery ,
Criminal Conspiracy ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Enforcement Actions ,
False Billing ,
Federal Health Care Programs (FHCP) ,
Federal Prosecutors ,
Health Care Providers ,
Health Insurance ,
Healthcare Fraud ,
Hospitals ,
Indictments ,
Interstate Commerce ,
Jury Verdicts ,
Kickbacks ,
Medical Centers ,
Money Laundering ,
Out of Network Provider ,
Patient Referrals ,
Physicians ,
Travel Act