BobKamman
Level 15

Trying to avoid doing real work, I looked up the status of this case.  Turns out the 11th Circuit held oral arguments last week:

"Oral argument held this date. Oral Argument presented by Steven H. Hazel for Appellants Secretary, U.S. Department of the Treasury, U.S. Department of the Treasury and Acting Director of the Financial Crimes Enforcement Network and Thomas Lee for Appellees National Small Business United and Isaac Winkles. [Entered: 09/27/2024 12:40 PM]"

The three-judge panel no doubt was reminded that a decision by the end of the year would be helpful.  

Meanwhile the Community Associations Institute (advocacy group for what are commonly known as homeowners associations, or HOAs) filed a lawsuit earlier this month to ask for an exemption for its members.  They also filed an amicus brief in the NSBU case:

The Corporate Transparency Act (CTA) was signed into law Dec. 2020 and is now in effect for many community associations. This law will require community associations with fewer than 20 employees and less than $5 million in annual revenue to disclose beneficial owners’ information to the Department of Treasury’s Financial Crimes Enforcement Network (FinCEN).  

While we support the goal of stopping money laundering and funding schemes for terrorist activity, this is not good public policy for community association boards of directors. CAI believes community associations were unintendedly caught up in this law which is intended for corporations laundering money for terrorist activity.  Failure of a volunteer community association boards to comply—intentional or not—could result in up to $10,000 in fines and up to two years in prison.  

https://www.caionline.org/advocacy/advocacy-priorities-overview/corporate-transparency-act/ 

I know some HOA board members who would do everyone a favor by spending a couple years in prison, but probably not for this cause. 

The CAI lawsuit was filed in the Eastern District of Virginia, across the river from DC, where the judges are somewhat more respectable than the yahoos in Alabama.