The federal government
announced this week that it will soon monitor and investigate all-cash
purchases of luxury residential real estate in excess of $3 million in
Manhattan and in excess of $1 million in Miami-Dade County for money laundering
and other illicit activity.
The Financial Crimes
Enforcement Network (FinCEN), a bureau of the U.S. Department of Treasury, will
lead the investigation. The investigation is targeting all-cash luxury real
estate purchases because many such purchases are currently being conducted
through “shell” companies used to shield the identities of natural persons and
hide assets in a transaction. FinCEN’s
Geographic Targeting Order (GTO), which is effective from March 1, 2016 through
August 27, 2016, will require title insurance companies to identify and report natural
persons behind these shell companies so that law enforcement investigators can
use that information to weaken the ability of individuals to disguise their
identities in money laundering schemes.
Since 2006, FinCEN has
worked to establish an accountable mortgage industry by conducting studies
regarding suspected mortgage fraud and money laundering and by issuing orders
of investigation for certain financial institutions and transactions across the
country.
FinCEN Director
Jennifer Shasky Calvery declared that “cash purchases present a more complex
gap that we seek to address.” The current investigation of luxury residential
real estate will assist FinCEN in further
establishing a more transparent system to avoid another financial crisis in the
future.
Though currently temporary, the GTO may be extended into
next year and expanded to include additional cities and counties.