money laundering

The New FINCEN Rule for Residential Real Estate: What it Means for Investors and Legal Compliance

Published on: September 18, 2024 | By Conaway & Strickler, P.C.

Recently, the Financial Crimes Enforcement Network (FINCEN) issued a pivotal final rule aimed at tightening regulatory oversight in the residential real estate sector. This change marks a significant step towards enhancing transparency in an industry that has, until now, been relatively free from such regulatory scrutiny. Generally, the new rule requires certain real estate professionals to report information about non-financed transfers of residential real estate to legal entities or trusts.

What Is the New FINCEN Rule?

FINCEN’s new rule extends Anti-Money Laundering (AML) and Countering the Financing of Terrorism (CFT) obligations to investment advisers involved in residential real estate transactions. The aim is to prevent illicit financial activities in an industry known for large cash transactions that can serve as vehicles for money laundering, fraud, and other financial crimes.

Suspicious Activity Reports (SARs): What Triggers Them and How to Respond

Published on: September 13, 2024 | By Conaway & Strickler, P.C.

In the world of banking and finance, the term “Suspicious Activity Report” (SAR) may sound intimidating—especially if you’ve been notified that a bank has filed one concerning your transactions. For individuals and businesses alike, it’s essential to understand what a SAR is, what activities can trigger these reports, and the potential legal consequences that may follow.

What is a Suspicious Activity Report (SAR)?

A Suspicious Activity Report (SAR) is a document that financial institutions are legally required to file with the Financial Crimes Enforcement Network (FinCEN) when they detect potentially suspicious behavior involving financial transactions. Once filed, these reports are sent to FinCEN, a division of the U.S. Department of the Treasury, which shares the information with law enforcement agencies for further investigation if necessary.

How do I fight Asset Forfeiture?

Published on: June 29, 2024 | By Conaway & Strickler, P.C.

There are three types of Asset Forfeiture.

Note if your asset has been SEIZED, that means the government has taken possession of your property, but it does not mean the government owns the property legally YET….See here for details on the most recent DOJ seizures and forfeiture manual.

Criminal Forfeiture

The Intersection of Crime and Non-Fungible Tokens (NFTs)

Published on: November 14, 2023 | By Conaway & Strickler, P.C.

An NFT, or Non-Fungible Token, is a digital asset representing ownership or proof of authenticity of a unique item or piece of content using blockchain technology. Unlike cryptocurrencies such as Bitcoin or Ethereum, which are fungible and can be exchanged on a one-to-one basis, NFTs are non-interchangeable and one-of-a-kind. As long as you’re following copyright laws and selling legitimate assets, creating, selling, and reselling NFTs is legal. However, due to the decentralized and anonymous nature of the crypto world, NFTs come with a host of legal issues. Like with most digital innovations, regulatory legislation has been slow to catch up and establish clear guidelines; still, wrongful use of NFTs can implicate an array of criminal charges.

Money Laundering refers to the illegal process of concealing the origins of money obtained through criminal activities, making it appear as if it comes from a legitimate source. This is criminalized under 18 U.S.C. § 1956. Money laundering using NFTs involves the illicit use of these digital assets to disguise the origins of illegally obtained funds. In this context, individuals create a fake record of sales on the blockchain by selling NFTs to themselves using different accounts. Once finished, they sell the NFT to an unsuspecting buyer and repeat the process.

Fraud has grown increasingly common in the crypto landscape due to its anonymous and decentralized nature. Fraud involving NFTs can manifest in various ways due to the unique characteristics of these digital assets. This is mostly being prosecuted as wire fraud under 18 U.S.C. § 1343. Some common forms of fraud associated with NFTs include:

Covid-19 Fraud Enforcement Task Force established

Published on: May 26, 2021 | By Conaway & Strickler, P.C.

The Department of Justice just announced that U.S. Attorney General Merrick B. Garland created COVID-19 Fraud Enforcement Task Force to enhance enforcement efforts against COVID-19 related fraud.

Cases have included:

Offers to purchase COVID-19 vaccination cards