Wake up and smell the dirty money.

That’s the message federal regulators are sending to the real estate industry in Miami and other high-priced housing markets,

The U.S. Treasury Department announced it would extend and expand a temporary initiative designed to uncover criminals laundering money through real estate. The decree targets secretive shell companies — corporations that don’t have to reveal their true owners — buying luxury homes. The feds have already renewed the rules twice since announcing them in January 2016,

But this time, there’s a big difference — and it’s putting Miami’s struggling condo market under even more scrutiny.

The rules, previously so limited in scope that they applied only to a few hundred deals, will now cover every big-ticket cash transaction by shell companies in seven major markets. They are the South Florida counties of Miami-Dade, Broward, and Palm Beach; all five boroughs of New York City; San Antonio, Texas; Honolulu (included in the order for the first time); and Los Angeles, San Diego and San Francisco.

“This is going to gather much more information,” said Andrew Ittleman, a South Florida attorney who specializes in anti-money-laundering laws.

There’s been speculation about whether the administration of President Donald Trump, a former real estate developer, would double down on an initiative pushed by Obama-era officials. But the new policy shows Trump’s Treasury digging even deeper into the murky world of luxury real estate.

The end result: It’s going to get a lot harder for everyone from drug dealers to Latin American politicians to foreign royalty to shield purchases of U.S. condos and mansions from law enforcement.

The federal decree comes at a bad time for Miami real estate. Overbuilding and a slump in foreign buyers are hurting sales. The average sales price for luxury condo units in Miami Beach fell 21 percent year-over-year in the second quarter of 2017, according to a report from brokerage Douglas Elliman. Two-thirds of those sales were cash.

The rules kick in at different price points depending on the market. In South Florida, they apply to shell companies buying homes for $1 million or more with cash.

“This will help a market that has long neglected the amount of criminal activity taking place in the condo sector,” said Jack McCabe, a South Florida real estate analyst.

But Peter Zalewski, founder of the real estate advisory company Cranespotters, thinks the government is moving too slowly — and not going far enough.

“If you’re closing a $10 million sale and you stand to make $1 million on the deal, that’s a pretty big carrot,” Zalewski said. “And there’s no fear of a government stick, because there isn’t one in place.”

Bark Or Bite?

Critics dismissed Treasury’s original anti-money laundering rules — first deployed in Miami-Dade and Manhattan last year — as so narrow that they were practically toothless.

That’s because only less common methods of cash payments such as money orders, personal checks and hard currency had to be reported. But the latest order includes wire transfers, which are electronic exchanges of money between banks. In most home sales that don’t involve bank loans, money is sent from buyers to sellers through wire transfers. Regulators were missing out on a huge swath of transactions.

“It exempted most people from disclosure,” said Alan Lips, a partner at Miami accounting firm Gerson Preston. “In today’s world, people wire money.”

Until an act of Congress earlier this summer, the Treasury agency behind the initiative, the Financial Crimes Enforcement Network (FinCEN), did not have the authority to monitor wire transfers.

John Tobon, who leads a team of Department of Homeland Security investigators in South Florida, said the move is a crucial first step in allowing law enforcement to monitor funds moving electronically. After the first order, his agents observed home buyers immediately come up with “countermeasures” to avoid the disclosure requirements, including the use of wire transfers, Tobon said.

“Wire transfers were wide open” for abuse by criminals, “and no one was looking at them,” Toban said. “Now, we’re going to be able to identify companies and individuals that we had no idea about in the past.”

FinCEN is targeting cash home deals because it says they are most susceptible to money laundering. Cash transactions generally don’t involve heavy bank vetting. When banks give out mortgages, they are required to background their customers; professionals in the real estate industry are exempt from those responsibilities, although that could be changing.

Naughty Or Nice

As part of FinCEN’s latest push, the agency has told real estate industry professionals they should be on the lookout for suspicious activity from their clients.

“The misuse of shell companies to launder money is a systemic concern for law enforcement and regulatory agencies,” the agency wrote in an advisory to real estate agents, brokers, lawyers and other industry players.

It also encouraged them to report suspicious activity involving clients. Warning signs of bad behavior include clients willing to blindly overpay or lose money on a deal; the purchase of properties with “no regard” for their condition or location; funding that far exceeds a client’s known wealth; and clients asking for unwarranted secrecy or for records to be altered.

David Weinstein, a former federal prosecutor in South Florida who now practices white collar criminal defense, called the advisory “heavy-handed.”

“FinCEN is asking people who are not financial institutions and have no outright obligations to become an arm of the government, to become informants for them,” Weinsten said, “They’re sending a not-so-subtle message: We want you to tell us what’s going on. The implication is that if you don’t do this, we’re going to come after you and start squeezing you and say in our eyes you should have known what was going on. You should have vetted this money.”

Although real estate professionals aren’t required to set up compliance programs, no one is allowed to “willfully” turn a blind eye to money laundering, according to federal law. Weinstein recommended that realty firms consider implementing basic compliance programs.

Ron Shuffield, CEO of EWM Realty International, says the new requirement means closing agents must confirm the name and address of beneficial owners with a 25 percent stake in a corporation or limited liability company via a legal form of ID, such as a passport or driver’s license.

“There’s no legitimate buyer who’s going to feel uncomfortable with this,” Shuffield said.

The degree to which suspect money fuels Miami’s luxe real estate market is debated. But real estate crops up in case after case involving illicit funds. The release of the massive trove of offshore files known as the Panama Papers showed how easily offshore money moves into Miami real estate. The flood of cash has helped raise home prices far beyond what most locals can afford.

In FinCEN’s advisory, the agency highlighted several cases showing the threat posed by money laundering. One example cited was Venezuela’s vice president, Tareck El Aissami, and his associate, Samark López Bello. Both were sanctioned by U.S. authorities for their alleged involvement in narco-trafficking. López Bello owns three Brickell condos valued at nearly $7 million.

Tobon, of Homeland Security, said roughly 50 percent of his investigations involve money laundering through real estate.

The new order takes effect on Sept. 22 and expires on March 20, 2018. It could eventually be made permanent and expanded nationwide. The Washington, D.C., bureau of the Herald’s parent company, McClatchy, broke the news that the order would be extended Tuesday.

Achilles’ Heel

The FinCEN initiative — called a geographic targeting order — was designed to target the Achilles’ heel of American anti-money-laundering laws: weak transparency rules for limited liability corporations.

In many states, including Florida, it’s possible to set up an anonymous company and use it to buy a pricey mansion or condo. Offshore companies can be used for the same purpose. That’s catnip to criminals who don’t want anyone asking where they got the cash.

FinCEN changed the game by requiring title insurers — which are involved in almost all real estate transactions — to pierce the veil of shell companies and determine who really owns them. The information is not made public.

Because of the limitations of the original rules, roughly 240 transactions in the target markets were reported to regulators over 12 months, according to FinCEN data. But 30 percent of those sales were linked to people who’d been separately reported for suspicious activity by financial institutions.

In Miami-Dade, 16 of 32 reported deals were linked to suspicious buyers.

“They’re going to capture a lot more activity now,” said Jason Chorlins, a risk advisor at Miami accounting firm Kaufman Rossin. “The majority of this activity is done via wire transfer.”

 

Source: Bradenton Herald

Location, location, location.

The old adage about what matters most when purchasing property certainly holds true in balmy Miami, where condos offering water views often sell for twice as much as similar ones with city views. A recent report conducted by real estate expert Ross Milroy, who has worked with luxury condo buyers in Miami for nearly two decades, found that local buyers must generally pay a 38 to 101 percent premium for a view of the ocean out their front window.

“Property owners in South Florida are looking to immerse themselves in everything Miami has to offer,” Milroy says. “Buyers want to see the ocean, hear the water, feel the ocean breeze, and have a seamless experience of bringing the outdoors in and the indoors out.”

Understandably, one of the best ways to do that is by buying a high-end condo that takes advantage of Miami’s oceanfront vistas and laid-back beach vibe.

According to Milroy, prices vary the most in South Beach, where waterfront condos sell for $1,950 per square foot and inland condos sell for $970 per square foot—a difference of 101 percent. At Jade at Brickell, residences with city panoramas are listed for $900,000, while buyers must fork over $1.8 million for waterfront units—that’s another 100 percent premium.

 

Though less pronounced elsewhere, water views still cost a pretty penny in other parts of the city. At Ten Museum Park, condos with city views are listed for $759,000 while units with water views are priced at $1.1 million—a 49 percent difference.

So where should buyers look if they want to live by the water? Residential towers near Biscayne Bay and the Miami River offer optimal views.

 

Source: Robb Report

Starting in 2015, Pinecrest-based environmental activist Delaney Reynolds began asking dozens of public officials across South Florida to consider working with her to create a law that would change the way new homes are constructed – and “help change the world for the better.”

One mayor just a few miles from here answered her call, Phil Stoddard of South Miami, widely known as an activist in his own right, a proponent of renewable energy, an environmentalist. He quickly responded and set a course whereby he and Reynolds would work side by side for a year to research and write the language that would make up a new “Solar Requirements” section to South Miami’s Land Development Code.

On July 18, it was mission accomplished, as they enacted its new residential solar mandate, making South Miami the only municipality between The Golden State of California and The Sunshine State to enact a law mandating that solar power be installed in newly built homes or those subject to major renovation.

Reynolds issued a statement immediately following the vote: “This brave decision is historic and certainly is a step in the right direction towards my dream of turning the ‘Sunshine State’ of Florida into ‘THE Solar State’.”

A recent graduate of Palmer Trinity, Reynolds begins as a freshman this fall studying Marine Biology at the University of Miami.

The legislative process was not without its critics. In June, just hours prior to one of the city commission’s many hearings on the matter, a misinformation campaign was launched asserted this rule would force all homeowners to install solar-collection systems.

This fake fact and other inflammatory statements shared in robocalls to city residents were swiftly debunked by city commissioners. After all, the installation of solar collectors applies only to new homes being constructed and those that are renovated at or above 75 percent of their current value.

A Bold Move

“In actuality, the new requirements will impact only a few South Miami homes,” said Reynolds. “But make no mistake, this bold and smart move by city leaders is very, very important – and certainly ‘moves the needle’ in the right direction.”

Sponsor of the legislation Mayor Stoddard says it’s a “significant win-win” for residents.

“The greater benefit of this rule is, we’ll reduce carbon emissions and maybe our kids and grand kids get to stay in South Florida. And the immediate short-term benefit of having solar on rooftops is, you get power at better-than-utility prices and you get to save money.”

South Miami Commissioner Josh Liebman isn’t so sure. While he says he fully supports solar power, he says this is a “classic example” of the city commission failing to represent the community. “They are taking away our citizens’ right to choice,” Liebman said.

But Reynolds sees a bigger picture.

“Sadly, Florida ranks 14th in the amount of energy we produce from solar power, but the good news is, we rank third in our potential to generate power from the sun,” said Reynolds.

Experts predict that 50 percent of Florida’s energy can be derived from solar power by the year 2045 if the state begins to as Reynolds suggests, “get serious” about this clean, abundant energy source.

“At a time that our state and country should be dramatically increasing its sustainable use such as solar power, these rankings are a bit discouraging, but not surprising,” Reynolds said.

A Family Affair

Delaney’s brother Owen Reynolds, a sophomore at Palmer Trinity and the creator of a solar-car concept called “The Apollo Project,” spent part of his summer advocating for South Miami’s proposed solar panel law, as well. Like his sister, he’s grown up in a solar-powered home and sees the virtue of solar as he explained before the city commission at a July 11 hearing.

“In 1931, Thomas Edison was touting solar and was quoted as saying, ‘I’d put my money on the sun and solar energy. What a source of power!’” Owen Reynolds said. “So almost 100 years later it’s time we took one of the world’s greatest inventor’s advice and installed solar power everywhere. A reliance on fossil fuels and of old technologies is destroying our planet, and established businesses such as Florida Power & Light are all too happy with the way things are.”

At every opportunity, Delaney Reynolds challenges residents and elected officials to continue working “to help take on the many challenges facing our country as we evolve from a fossil-fuel economy to a sustainable one. But if we are to ever make that transition, I believe the solutions will most certainly begin in our local communities, just as it did in South Miami.”

While on a recent speaking trip in May in St. Petersburg, Florida, that city commission voted to begin researching and drafting a similar law after Reynolds shared public remarks about the work she did with South Miami. Now, as many as seven other Florida cities are also working on drafting similar rules.

Delaney Reynolds is founder of The Sink or Swim Project, educating and engaging people of all ages about the risks of climate change and sea level rise in hopes that we can work together as a global community to solve this crisis. For information visit www.miamisearise.com.

 

Source: Miami’s Community Newspaper

Wages, salaries, and total compensation are rising faster in Miami than any other major city.

In the 12 month period ending June 2017, wages and salaries in the Miami-Fort Lauderdale-Pompano Beach, FL MSA increased 3.9%, while total compensation was up 3.7%, according to the Bureau of Labor Statistics.

Seattle ranked second in wages and salaries gains at 3.6%, while New York placed second for total compensation increase at 3.3%. Washington D.C. and Philadelphia ranked lowest.

Wage gains are also accelerating. In 2015-2016, the increase in Miami was 2.5% for total compensation and 2.9% for wages and salaries.

Miami Today first reported the data.

 

Source: The Next Miami