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IE Insights: Top 10 Ways Non-Financed Transfers of Residential Real Estate Present a High Illicit Finance Risk

  1. Obscured Ownership: Transfers to legal entities or trusts can hide the true beneficial owner, making it difficult for authorities to trace ownership back to individuals involved in illicit activities.
  2. Money Laundering: These transfers allow illicit actors to integrate illegal funds into the legitimate economy by purchasing property without raising red flags, as no external financing is involved.
  3. Sanctions Evasion: Legal entities and trusts can be used to circumvent international sanctions, allowing sanctioned individuals or organizations to hold assets without detection.
  4. Tax Evasion: Non-financed transfers can be structured to avoid or minimize tax liabilities, making them an attractive tool for those seeking to evade taxes as part of broader illicit financial schemes.
  5. Investment Adviser Misconduct: Investment advisers may misuse these transfers for self-dealing or to misappropriate client funds, presenting false ownership or valuation of the property.
  6. Ponzi and Fraudulent Schemes: Real estate held in legal entities or trusts can be used in Ponzi schemes, misleading investors about the true value or security of their investment.
  7. Concealing Assets from Creditors: Individuals may transfer property to a trust to shield assets from creditors, courts, or family members, particularly in cases of bankruptcy, divorce, or litigation.
  8. Facilitation of Corrupt Payments: These transfers can be used to facilitate bribery or kickbacks, with real estate being exchanged under the guise of a legitimate transaction.
  9. Reduced Transparency: The complexity and opacity of trusts and legal entities reduce transparency, making it harder for regulators and law enforcement to identify and investigate suspicious transactions.
  10. Regulatory Arbitrage: Exploiting different jurisdictions’ rules around trusts and legal entities, illicit actors can take advantage of weaker regulatory environments to avoid scrutiny.