If you have an LLC you must comply or face fines and possible prison

If you have an LLC you must comply or face fines and possible prison

You work hard. Now get ready to work harder to prepare to give more.

If you own or are a member of an LLC.
You have a deadline of January 1, 2025

The new Beneficial Ownership Reporting requirements for LLCs and other corporations come under the Corporate Transparency Act (CTA) and will go into effect on January 1, 2024.

The Corporate Transparency Act (CTA) of 2021 was enacted to combat financial crimes such as money laundering, tax evasion, and terrorist financing. It requires corporations, limited liability companies (LLCs), and similar entities to disclose their beneficial owners—the individuals who own or control these entities—to the Financial Crimes Enforcement Network (FinCEN).

Under the CTA, businesses must provide information such as names, addresses, and identification numbers of beneficial owners.

The goal is to prevent criminals and politicians from using anonymous entities to conceal their identities. Criminals that use entities using their real name still have to register.

Most small and privately held companies are subject to this law, although there are exemptions for heavily regulated entities.

The law became effective in 2021, with reporting requirements started in 2024.

Failure to comply can result in fines and even imprisonment.

Penalties: Failure to report can lead to penalties of $500 per day for non-compliance, and could even result in fines up to $10,000 or imprisonment for up to two years.

Legal Counsel and Your Rights

When facing legal challenges, particularly in criminal cases, it is advisable to seek legal counsel immediately.

An experienced attorney can provide guidance on how to navigate interactions with law enforcement while safeguarding your constitutional rights.

Since 1993 our expert legal defense in navigating criminal law matters and protecting your constitutional rights are what we eat for breakfast everyday.

Contact Komorn Law PLLC if you’re ready to fight and win.

Research us and then call us.

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People who are going to need a Lawyer – November 12, 2024

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A drunk driving investigation, a car wreck and a blood draw

A drunk driving investigation, a car wreck and a blood draw

A Case Summary: People v. Blake Anthony-William BartonOn October 11, 2024, the Michigan Court of Appeals issued a decision in the case People of the State of Michigan v. Blake Anthony-William Barton. The case involved a drunk driving  investigation following a car...

Compounding Charges Laws in Michigan

Compounding Charges Laws in Michigan

Understanding Compounding Charges Laws in Michigan

Compounding charges refer to the illegal act of accepting or agreeing to accept a benefit in exchange for not prosecuting a crime. In Michigan, this is considered a serious offense, and the law specifically prohibits it under Michigan Laws.

What is Compounding?

Compounding occurs when a person involved in or aware of a crime chooses not to report it or prosecute it in exchange for something valuable. Essentially, it’s a way of “settling” the matter privately instead of going through the legal system, often through money, services, or other forms of compensation.

The Michigan Law (MCL 750.122)

According to MCL 750.122, it is illegal for someone to:

  • Accept money, property, or any advantage in exchange for agreeing not to pursue charges or report a crime.
  • Offer money or benefits to someone else to prevent them from prosecuting or reporting a crime.

This law applies to both the person who might report the crime (such as the victim) and the person who offers the benefit (such as the offender). The law makes it clear that the proper way to handle any crime is through the court system, not private arrangements.

Attorney Michael Komorn

Attorney Michael Komorn

State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

KOMORN LAW (248) 357-2550

Penalties

The penalties for compounding can vary based on the severity of the underlying crime. Under MCL 750.122(7), if the crime being “settled” is a felony, then compounding the charge is also treated as a felony. If the crime is a misdemeanor, compounding becomes a misdemeanor. This ensures that compounding is not an easy way out of legal consequences.

Why This Matters

The reason compounding charges are treated so seriously is to ensure justice. When someone allows a crime to be hidden in exchange for personal gain, it undermines the justice system and can allow criminals to avoid punishment.

In Michigan, the law against compounding charges is clear and strict. It is never legal to accept or offer benefits in exchange for not prosecuting or reporting a crime. The courts are the proper avenue for handling all criminal matters.

For more details, you can view the specific law on the Michigan Legislature website (MCL) Section 750.122.

Any Exceptions?

In Michigan, there are no exceptions that allow for compounding charges under MCL 750.122.

The law is strict in prohibiting any agreement to accept compensation in exchange for not reporting or prosecuting a crime.

This means that regardless of the circumstances, a person cannot legally accept money, services, or other benefits to refrain from involving the legal system in a crime.

Unless you are rich and famous or a politician.

However, while MCL 750.122 prohibits private settlements or agreements to avoid prosecution, there are legal alternatives within the justice system itself, such as plea bargains and restitution agreements.

These are formal processes, overseen by courts or prosecutors, where a defendant may agree to plead guilty to a lesser charge or make amends to the victim. Importantly, these arrangements are part of the legal system and are monitored to ensure fairness and justice.

Exactly how many people are locked up for weed?

“The best we can do is an educated guess.”

The Last Prisonor Project

Note: This article provides a general overview and does not substitute for legal advice. Anyone charged with an offense should consult an attorney for specific legal guidance. Don’t forget the internet is full of “Misinformation”

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Harris unveils new proposals targeting black men with cannabis legalization

Harris unveils new proposals targeting black men with cannabis legalization

“Harris unveils new proposals targeting Black men as she looks to shore up Democratic coalition” CNN

Amid the ongoing national issues, Vice President Kamala Harris introduced new initiatives on Monday aimed at addressing the needs of Black men as she works to bolster her coalition in anticipation of the upcoming Election Day.

Legalizing Cannabis

The proposal aims to provide Black men “with the tools to achieve financial freedom, lower costs to better provide for themselves and their families, and protect their rights,” according to a release by the campaign.

Part of the proposal includes providing one million loans that are fully forgivable up to $20,000 to Black entrepreneurs and others to start a business. According to the campaign, the loans would be provided through a new partnership between the Small Business Administration and some lenders and banks.

Harris is also calling for creating and investing in programs that help expand pathways for job opportunities for Black men, including promoting apprenticeships, strengthening the Public Service Loan Forgiveness program and investing in more Black male teachers.

On the campaign trail, Harris has said she will cut college degree requirements for certain federal jobs if elected president.

Read the rest here at CNN

Attorney Michael Komorn

Attorney Michael Komorn

State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

KOMORN LAW (248) 357-2550

Think National Legalization Will Save You?

No soup for you says the Michigan Court of Appeals. Back to the public health code you go.

Court of Appeals Opinion

Because we conclude the MRTMA provides no such proscription,we affirm the trial court’s denial of the motion to dismiss, and the case is remanded to the circuit court for trial on felony charges.

If you want to know more read the opinion here, otherwise just call our office if you get in the same sticky situation.

STATE OF MICHIGAN v JULIA KATHLEEN SOTO – MRTMA – COA 20241007_c370138_23_370138.opn

Exactly how many people are locked up for weed?

“The best we can do is an educated guess.”

The Last Prisonor Project

Here is some interesting related info

The report entitled Weighing the Impact of Simple Possession of Marijuana: Trends and Sentencing in the Federal System updates a 2016. As of January 2022, no offenders sentenced solely for simple possession of marijuana remained in the custody of the Federal Bureau of Prisons.”

(One might assume not many people get arrested for “Simple Posession” by the Feds).

Note: This article provides a general overview and does not substitute for legal advice. Anyone charged with an offense should consult an attorney for specific legal guidance. Don’t forget the internet is full of “Misinformation”

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People v Williams Michigan COA – Police CPL Check

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Cleary becomes latest US law firm to add non-equity partners

Cleary becomes latest US law firm to add non-equity partners

See you in the Home Depot lot.

Oct 10, 2024 (Reuters)

Cleary Gottlieb Steen & Hamilton will create a new category of non-equity partners, becoming the latest major U.S. law firm to move away from the traditional single-tier structure in which all partners have an ownership stake in the firm.

Adopting a non-equity partnership tier is “an important step for Cleary as we continue to strategically grow,” a firm spokesperson said in a Thursday statement. “Innovating in this way underscores our dedication to developing and retaining talent,” the spokesperson said.

New York-founded Cleary had 180 partners in 2023, according to figures published by the American Lawyer.

The firm generated more than $1.4 billion in total revenue, and profit per equity partner averaged $4.5 million, according to the American Lawyer data. Cleary has about 1,100 lawyers globally.

Read the full article here at Reuters

Attorney Michael Komorn

Attorney Michael Komorn

State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

KOMORN LAW (248) 357-2550

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AG Nessel joined 21 attorneys general to regulate the sale of firearms

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Extreme Risk Protection Order to prevent individuals from possessing or owning a firearm for eight years following their conviction. That legislation was signed into law by Governor Gretchen Whitmer in November of 2023.

Michigan Attorney General Dana Nessel has joined a coalition of 21 attorneys general advocating for pragmatic state and federal regulations on firearm sales aimed at enhancing community safety and protecting citizens from the potential threats posed by criminals seeking to register their firearms.

The coalition filed an amicus brief in U.S. v. Steven Perez arguing that federal laws preventing individuals from transporting or receiving firearms from outside the state in which they reside, except through a federally licensed firearms dealer, are essential to protecting public safety from criminals transporting or receiving firearms outside the state.

The amicus brief, filed in the United States Court of Appeals for the Second Circuit, explains that state and federal regulation of firearms dealers helps reduce violent crime and supports law enforcement investigations.  

“Enforcing sensible regulations on the transfer and sale of firearms across state lines is crucial to safeguarding our communities against gun violence and bolstering state laws,” Nessel said. “I stand firmly with my colleagues in supporting these regulations.”  

Attorney Michael Komorn

Attorney Michael Komorn

State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

KOMORN LAW (248) 357-2550

In 2020, Steven Perez obtained weapons through an illegal transaction with an unlicensed firearms dealer in South Carolina, which were subsequently transported to him in New York City. Following this, he was arrested, faced criminal prosecution, and was convicted and sentenced to prison in New York.

Mr. Perez is currently appealing his conviction, which was issued by the U.S. District Court for the Southern District of New York, asserting that it infringes upon his Second Amendment right to carry a firearm.

The coalition asserts that federal regulations governing the transport of firearms across state lines do not violate Second Amendment rights; rather, these regulations enhance public safety and strengthen state-level gun laws.

The attorneys general emphasize that state oversight of firearm dealers mitigates the risk of gun misuse and empowers law enforcement to investigate gun-related crimes more effectively. For instance, 17 states mandate that licensed firearms dealers keep meticulous records of their inventory and transactions, which aids law enforcement in probing violent crimes and enhances community safety by providing them with accurate and current information.

Additional state regulations further limit unlawful access to firearms, addressing issues such as theft, straw purchases, and illegal transactions.

Since assuming office in 2019, Nessel has actively championed gun safety initiatives, advocating for a federal prohibition on handgun sales to individuals under 21 years old, enhanced accountability measures for gun manufacturers, efforts to eliminate untraceable ghost guns from our streets, and a ban on firearms in the Capitol as well as other state facilities.

AG Nessel gave testimony before the Michigan Senate in favor of gun safety laws that would increase the number of background checks for gun purchasers, set safe storage standards, and introduce an Extreme Risk Protection Order procedure to prevent individuals convicted of domestic violence misdemeanors from possessing or owning a firearm for eight years following their conviction.

That legislation was signed into law by Governor Gretchen Whitmer in November of 2023.

Joining AG Nessel in filing this New York-led amicus brief are the attorneys general of California, Colorado, Connecticut, Delaware, the District of Columbia, Hawaii, Illinois, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, and Wisconsin.

Meanwhile in Traverse City

Legal Counsel and Your Rights

When facing legal challenges, particularly in criminal cases, it is advisable to seek legal counsel immediately.

An experienced attorney can provide guidance on how to navigate interactions with law enforcement while safeguarding your constitutional rights.

Since 1993 our expert legal defense in navigating criminal law matters and protecting your constitutional rights are what we eat for breakfast everyday.

Contact Komorn Law PLLC if you’re ready to fight and win.

Research us and then call us.

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Attorney Michael Komorn

Attorney Michael Komorn

State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

KOMORN LAW (248) 357-2550

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2024 DECISION

BRCC ENTERPRISES LLC V. SKIE

Tex: Court of Appeals, 14th Dist., 2024
Plaintiff Jesse Skie sued BRCC Enterprises for breach of an oral contract. The jury found that the two “orally agree[d] that Skie would be paid a guaranteed $100,000.00 bonus, upon the healthy …

2023 MEDIATION

BRCC ENTERPRISES LLC V. SKIE

Tex: Court of Appeals, 14th Dist., 2023
We have determined that this case is appropriate for referral to mediation, an alternative dispute resolution process. See Tex. Civ. Prac. & Rem. Code §§ 154.021-.073. Mediation is a forum in 

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When facing legal challenges, particularly in criminal cases, it is advisable to seek legal counsel immediately.

An experienced attorney can provide guidance on how to navigate interactions with law enforcement while safeguarding your constitutional rights.

Since 1993 our expert legal defense in navigating criminal law matters and protecting your constitutional rights are what we eat for breakfast everyday.

Contact Komorn Law PLLC if you’re ready to fight and win.

Research us and then call us.

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