FinCEN Expands Geographic Targeting Order: Implications for Real Estate and Legal Professionals

The Financial Crimes Enforcement Network (FinCEN) announced on October 20th that it’s extending the Geographic Targeting Order, or GTO, which mandates U.S. title insurance companies to identify real individuals behind the so-called “shell companies” engaged in purchases of residential real estate without a mortgage according to Ballard Spahr LLP.

Moreover, FinCEN decided to broaden slightly the scope of the GTOs and the FAQs. The Geographic Targeting Order is a crucial tool aimed at demystifying real estate transactions conducted by shell companies, which are often associated with money laundering.

FinCEN’s decision demonstrates the ongoing commitment of U.S. regulators to increase transparency in financial transactions, reduce illicit activities, and strengthen the integrity of the U.S. financial system.

This incremental enlargement of the GTO’s reach will impact a wider range of professionals involved in the real estate sector. It’s important for legal professionals and corporate entities to understand the updated requirements of the GTOs to ensure regulatory compliance.

Legal professionals particularly working in corporations and law firms dealing with real estate transactions should familiarize themselves with the nature of these orders and their role in preventing potential financial misconduct, including money laundering and other forms of illicit finance.

Law firms and corporations must adapt to these regulatory changes and modify their institutional policies as necessary. It’s crucial that these organizations prioritize internal controls, training, and procedures to accurately identify and report the required information as dictated by the GTO.