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Published on April 18, 2024
Attorneys General Nationwide Rally Behind FinCEN's New Regulations to Combat Money Laundering in Real EstateSource: Google Street View

Attorney General takes a stand against money laundering in the real estate sector, backing new regulations aimed at curbing this nefarious practice. In a collaborative move, the Attorney General and a coalition of 24 fellow state and territory attorneys general have thrown their weight behind proposed rules set by the U.S. Treasury Department's Financial Crimes Enforcement Network (FinCEN), as reported yesterday.

The rules under scrutiny specify that parties, such as lawyers involved in the closure or settlement of residential property transactions involving business entities or trusts without external financing, will now have to report and maintain detailed records. Attorney General Mayes believes these regulations are a crucial step forward. "These proposed regulations will help deter wrongdoing by criminals as well as provide law enforcement important tools for investigations," Mayes relayed in a letter backing the proposal.

Heralded by Oklahoma, Delaware, New Hampshire, and Rhode Island, the coalition's support for this move emphasizes the potential benefits that would accrue from the regulations. Law enforcement would gain a more robust database allowing for the efficient identification and monitoring of dubious real estate deals that might otherwise slip through the cracks.

In response to concerns about the regulatory burden, the collective stance reassures that the new measures will not be excessively taxing on those required to report. "This regulatory scheme strikes an appropriate middle ground and will not be unduly burdensome on the report parties," the letter clarifies. It also notes that these reporting duties will be somewhat lighter than those financial institutions face related to Suspicious Activity Reports. Moreover, simple real estate purchases by individuals will not fall under these stipulations.

With the backing of a diverse group of states including Arizona, California, New York, and even the U.S. Virgin Islands, Attorney General Mayes's call to action echoes across legal frontiers, hoping to turn the tide against the abuse of the American real estate market as a vehicle for laundering illicit proceeds.