Russian money flows through U.S. real estate
As President Joe Biden vows to punish Russia with financial
sanctions by seizing yachts, mansions and other assets, members of the real
estate community and lawmakers are skeptical about how successful he’ll be at
getting access to the money Russians have been pouring into real estate for
decades.
From Sunny Isles, Florida, to Cleveland and high rises in
Manhattan, post-Soviet oligarchs’ money has poured into big cities and the
heartland in recent decades with little recourse.
That’s because there is very little the government can do to
find out who owns what real estate in the U.S., which has become a “destination
of choice” for money launderers throughout the world, said Louise Shelley, the
director of the transnational crime and corruption center at George Mason
University, who has been an expert witness about how Russian money is laundered
through real estate.
At a minimum, from cases reported in the last five years,
more than $2.3 billion has been laundered through U.S. real estate, including
millions more through other alternative assets, like art, jewelry and yachts,
according to a report in August by Global Financial Integrity, a nonprofit
group that researches illicit money flows.
In 2020, Congress passed legislation to empower the Treasury
Department to stop tax evaders, kleptocrats, terrorists and other criminals
from using anonymous shell companies to hide and launder assets, including
those in real estate. It requires companies to self-report to the Treasury
Department certain basic information, including the assets’ true owners. The
information will be in a database for law enforcement, national security
officials and financial institutions.
“There’s not enough teeth into regulations in terms of
making Realtors report,” Shelley said. “And there’s not been enough emphasis on
commercial real estate. It’s all about oligarchs’ buying real estate for
themselves.”
While European countries have long had similar requirements,
the latest legislation is a departure from the U.S.’s long-standing approach to
private companies and disclosure requirements. Still, the Treasury Department’s
Financial Crimes Enforcement Network is working on the final regulations
necessary to activate the network. But it addresses only part of a much bigger
problem. Experts say oligarchs can benefit from major disclosure loopholes in
private equity and luxury goods.
“There’s this misunderstanding that you can just go out and
seize these mansions, seize these yachts. For so many of them, it’s a complete
black box,” said Casey Michel, the author of “American Kleptocracy: How the
U.S. Created the World’s Greatest Money Laundering Scheme in History.”
“The U.S. provided all the tools of anonymity the oligarchs
needed,” he said, and there’s no immediate executive action Biden can take to
fix it.
Decades of investing
Russian money has been pouring into the U.S. since the
dissolution of the Soviet Union. In 1999, Richard Palmer, who was the CIA’s
Moscow embassy station chief, warned in congressional testimony that Russian
kleptocrats and KGB officials had poured billions of dollars into private
accounts across Europe and the U.S. in the dying days of the Soviet Union.
Michel said that after the passage in 2001 of the Patriot
Act, which required disclosure of major banking transactions, much of the money
was shifted into real estate property and luxury goods hidden through shell
companies.
It has been a challenge for governments and academics trying
to measure the scope of the wealth. By 2015, Gabriel Zucman, the director of
the Stone Center on Wealth and Income Inequality at the University of
California, Berkeley, estimated that 52 percent of Russia’s wealth was held
outside the country. The Treasury Department maintains a “report on oligarchs
and parastatal entities of the Russian federation.” While the list of 96
oligarchs is public, there is also a much longer classified version that
includes a deep dive into the finances of the oligarchs and entities, including
their sources of income and exposure to the U.S. economy.
New York-bound
During the real estate boom in 2006 and 2007, Russians
flocked to Manhattan to buy up properties. They bought up floors at the Plaza
Hotel and logged record sales at the Time Warner Center and 15 Central Park
West. They also eventually attracted the attention of law enforcement. In New
York. Russian oligarch Oleg Deripaska, an ally of Russian President Vladimir
Putin whose name has been repeatedly raised in investigations involving Russia
and former President Donald Trump, was linked to a home in the Greenwich
Village neighborhood of Manhattan, even though he had not come to the U.S. in
years, The Washington Post reported. (He was also connected to a home in
Washington, D.C., through a Delaware-incorporated company. The FBI raided both
properties in October.) Calls to Deripaska’s former lobbying firm, which ended
its contract with him last week, were not returned. On Telegram, Deripaska
denounced the war, saying: “The world is very important! Negotiations need to
start as soon as possible.”
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