LUBBOCK—Yesterday, TPPF filed a motion for summary judgment against the U.S. Treasury and its Financial Crimes Enforcement Network (“FinCEN”). TPPF’s motion prompts the court to make a final decision on the merits regarding TPPF’s lawsuit against invasive, nationwide disclosure requirements for real restate transfers.
The challenged rule would require anyone wishing to transfer residential real estate into a corporate entity to disclose their personal information to the Federal Government, even if they are not suspected of any crime.
“Under our system of government, most issues are traditionally reserved for States,” said TPPF attorney Clayton Calvin. “Real estate is certainly one of them. But the Federal Government continuously stretches its Commerce Clause power to co-regulate in these spaces.”
“The Federal Government demands this sensitive information, then shares it far and wide,” added TPPF senior attorney Matt Miller. “But the Constitution prohibits this intrusion into purely local transactions like those at issue here. We must always remember that the Federal Government is one of enumerated, limited powers.”
The suit, Corley v. Corley v. U.S. Dep’t of Treasury, seeks to stop this imbalance in our federal system.
To read the brief in support of the summary judgment motion, click here.
For more background on the case, click here.
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