Will this obligation eventually extend to South Carolina?
Secretly purchasing expensive real estate continues to be a popular method for criminals to launder dirty money. Setting up shell entities allows these criminals to hide their identities. When the real estate is later sold, the money has been miraculously cleaned.
In early 2016, The Financial Crimes Enforcement Network (FinCEN) of the United States Department of the Treasurer issued an order that required the four largest title insurance companies to identify the natural persons or “beneficial owners” behind the legal entities that purchase some expensive residential properties.
At that time, the reach of the project extended to the Borough of Manhattan in New York City, and Dade County, Florida, where Miami is located. In those two locations, the designated title insurance companies were required to disclose to the government the names of buyers who paid cash for properties over $1 million in Miami and over $3 million in Manhattan. The natural persons behind the legal entities had to be reported for any ownership of at least 25 percent in an affected property.
By order effective August 28, 2016, all title insurance underwriters, in addition to their affiliates and agents, were required to be involved in the reporting process, and the footprint of the project was extended.
The targeted areas and their price thresholds as of August 28, 2016 were:
- Borough of Manhattan, New York; $3 million;
- Boroughs of Brooklyn, Queens and Bronx, New York; $1.5 million;
- Borough of Staten Island, New York; $1.5 million;
- Miami-Dade, Broward and Palm Beach Counties, Florida; $1 million;
- Los Angeles, San Francisco, San Mateo, Santa Clara and San Diego Counties, California; $2 million; and
- Bexar County (San Antonio), Texas; $500,000.
By order effective September 22, 2017, wire transfers were included, and the footprint of the project will include transactions over $3 million in the city and county of Honolulu, Hawaii.
The Geographic Targeting Orders were updated again beginning March 21, 2018, and extended to September 16, 2018
Although the initial project was termed temporary and exploratory, FinCEN has indicated that the project is helping law enforcement identify possible illicit activity and is also informing future regulatory approaches.
We have no way of knowing whether or when this program may be expanded to South Carolina, but it is entirely likely that expensive properties along our coast are being used in money laundering schemes. We will keep a close watch on this program for possible expansion!