‘Did Alabama Get Annexed by Russia?’ — An Op-Ed by Martin Sheil
Retired IRS criminal investigator Martin Sheil fires off a Bette Op-Ed, and he’s big mad. Understandably so. A federal judge just undermined important Biden gains to tackle money laundering
In a Bette Dangerous op-ed, our Follow the Money columnist Martin Sheil — a retired IRS criminal investigator — explains how a Trump-appointed judge in Alabama just gave the Biden administration a major setback in its attempt to thwart money laundering with meaningful legislation.
Here are Marty’s words:
Hey Heidi,
Did Alabama get annexed by Russia when no one was looking?
Is there something in the water that only Alabama Justices drink?
In a ruling that only Donald Trump and his embrace of condo purchasers via anonymous shell companies could love, Alabama Federal District Court Judge Liles C. Burke ruled that the Corporate Transparency Act (CTA) was unconstitutional on the grounds that Congress exceeded its powers in enacting the law - so the rule-making stemming from it is “unlawful.”
This judicial opinion is a real kick in the teeth to Federal Law Enforcement agencies tasked with enforcing the Money Laundering statutes that folks like Russian Kleptocratic oligarchs, Mexican and Colombian Drug Cartels, Iranian terrorists, and run of the mill scum like human traffickers, gun runners, foreign intelligence agents, and foreign political contributors routinely evade in moving their ill-gotten gains through their use of anonymous shell companies.
The CTA would have compelled registration of beneficial ownership of shell companies with the Treasury Department's FinCENN. This was deemed such a good idea that both sides of Congress and both political parties in Congress liked it to such an extent that the CTA legislation passed in bipartisan fashion.
When was the last time that happened in Congress?
They can't even agree on naming Post Offices!
Yet a member of our Federal Judiciary just threw a monkey wrench into this amazing legislation claiming Congress exceeded their authority and did so just days before the penultimate Judicial authority claimed only Congress can implement that part of the Constitution that would disqualify an oathbreaking Insurrectionist from the Presidential ballot.
Sheesh!
I am experiencing legal whiplash!
Imagine trying to explain the machinations of our Judicial system to a recently arrived alien from space. This ruling just really defies human logic.
The CTA is a difference maker should it ever come into law. Since we opened the imagination door - imagine if the CTA was legislated and fully implememted 20 or so years ago. Anonymous Russian investors laundering their Kleptocratic booty via shell companies through real estate like luxury condos in places like Trump tower - would have been nullified.
History would likely have been changed in a very real way!
So, now our much vilified Congress recognizes the need to plug a gigantic Money Laundering loophole and actually passes what appears to be very effective Legislation to address a very real law enforcement need - and gets undermined by a Federal Judge who is supposed to apply the law in our system of justice not emasculate it!
Judge Burke likely thought he would be currying favor with small business owners in Alabama in adopting a libertarian stance that Leonard Leo and the Federalist Society would smile upon, but the reality is he just widened what was already an open door for the bad guys to move their illicit loot around with impunity.
Judges are supposed to be the epitome of 'the good guys' - the folks wearing the white hats - yet once again a Judge in Alabama is on the wrong side of everything that is good in our country.
Beam me up, Scotty!
It has to make more sense up there.
Lay some alien logic on me because old-fashioned American legal logic as propounded in Alabama is escaping me.
I'm looking for a moonbeam to ride me out of here…
Yours truly,
Marty
Marty’s eviscerating op-ed is in response to this AP report from today.
Thankful that he continues to keep a watchful eye on the stories that matter.
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