08/30/2024
August 29, 2024
HEATHER COX RICHARDSON
AUG 30
And now the U.S. Army has weighed in on the scandal surrounding Trump’s visit to Arlington National Cemetery for a campaign photo op, after which his team shared a campaign video it had filmed. The Army said that the cemetery hosts almost 3,000 public wreath-laying ceremonies a year without incident and that Trump and his staff “were made aware of federal laws, Army regulations and [Department of Defense] policies, which clearly prohibit political activities on cemetery grounds.”
It went on to say that a cemetery employee “who attempted to ensure adherence to these rules was abruptly pushed aside…. This incident was unfortunate, and it is also unfortunate that the… employee and her professionalism has been unfairly attacked. [Arlington National Cemetery] is a national shrine to the honored dead of the Armed Forces, and its dedicated staff will continue to ensure public ceremonies are conducted with the dignity and respect the nation’s fallen deserve.”
“I don’t think I can adequately explain what a massive deal it is for the Army to make a statement like this,” political writer and veteran Allison Gill of Mueller, She Wrote, noted. “The Pentagon avoids statements like this at all costs. But a draft dodging traitor decided to lie about our armed forces staff, so they went to paper.”
The deputy Pentagon press secretary Sabrina Singh said the Department of Defense is “aware of the statement that the Army issued, and we support what the Army said.” Hours later, Trump campaign manager Chris LaCivita reposted the offending video on X and, tagging the official account for Army Secretary Christine Wormuth, said he was “hoping to trigger the hacks” in her office.
In Talking Points Memo, Josh Marshall reported that the Trump campaign’s plan was to lay a wreath at Arlington National Cemetery to honor the 13 members of the U.S. military killed in the su***de bombing during the evacuation of Kabul, Afghanistan, in August 2021. They intended to film the event and then attack Vice President Kamala Harris and President Joe Biden for not “showing up” for the event, which they intended to portray as an “established memorial.”
Another major story from yesterday is that the Treasury Department’s Financial Crimes Enforcement Network (FinCEN) has finalized two rules that will work to stop corruption and money laundering in U.S. residential real estate and in private investment.
This is a big deal. As scholar of kleptocracies Casey Michel put it: “This is a massive, massive deal in the world of counter-kleptocracy—the U.S. is finally ending the gargantuan anti–money laundering loopholes for real estate, private equity, hedge funds, and more. Can't overstate how important this is. What a feat.”
After the collapse of the Soviet Union in late 1991, the oligarchs who rose to power in the former Soviet republics looked to park their illicit money in western democracies, where the rule of law would protect their investments. Once invested in the United States, they favored the Republicans, who focused on the protection of wealth rather than social services. For their part, Republican politicians focused on spreading capitalism rather than democracy, arguing that the two went hand in hand.
The financial deregulation that made the U.S. a good bet for oligarchs to launder money got a boost when, shortly after the September 11, 2001, attacks, Congress passed the USA PATRIOT Act to address the threat of terrorism. The law took on money laundering and the illicit funding of terrorism, requiring financial institutions to inspect large sums of money passing through them. But the Financial Crimes Enforcement Network (FinCEN) exempted many real estate deals from the new regulations.
The United States became one of the money-laundering capitals of the world, with hundreds of billions of dollars laundered in the U.S. every year.
In 2011 the international movement of illicit money led then–FBI director Robert Mueller to tell the Citizens Crime Commission of New York City that globalization and technology had changed the nature of organized crime. International enterprises, he said, “are running multi-national, multi-billion dollar schemes from start to finish…. They may be former members of nation-state governments, security services, or the military…. These criminal enterprises are making billions of dollars from human trafficking, health care fraud, computer intrusions, and copyright infringement. They are cornering the market on natural gas, oil, and precious metals, and selling to the highest bidder…. These groups may infiltrate our businesses. They may provide logistical support to hostile foreign powers. They may try to manipulate those at the highest levels of government. Indeed, these so-called ‘iron triangles’ of organized criminals, corrupt government officials, and business leaders pose a significant national security threat.”
Congress addressed this threat in 2021 by including the Corporate Transparency Act in the National Defense Authorization Act. It undercut shell companies and money laundering by requiring the owners of any company that is not otherwise overseen by the federal government (by filing taxes, for example, or through close regulation) to file with FinCEN a report identifying (by name, birth date, address, and an identifying number) each person associated with the company who either owns 25% or more of it or exercised substantial control over it. The measure also increased penalties for money laundering and streamlined cooperation between banks and foreign law enforcement authorities. That act went into effect on January 1, 2024.
Meanwhile, the Biden administration made fighting corruption a centerpiece of its attempt to shore up democracy both at home and abroad. In June 2021, President Biden declared the fight against corruption a core U.S. national security interest. “Corruption threatens United States national security, economic equity, global anti-poverty and development efforts, and democracy itself,” he wrote. “But by effectively preventing and countering corruption and demonstrating the advantages of transparent and accountable governance, we can secure a critical advantage for the United States and other democracies.”
In March 2023 the Treasury told Congress that “[m]oney laundering perpetrated by the Government of the Russian Federation (GOR), Russian [state-owned enterprises], Russian organized crime, and Russian elites poses a significant threat to the national security of the United States and the integrity of the international financial system,” and it outlined the ways in which it had been trying to combat that corruption.
Now FinCEN has firmed up rules to add anti-money-laundering safeguards to private real estate and private investment. They will require certain industry professionals to report information to FinCEN about cash transfers of residential real estate to a legal entity or trust, transactions that “present a high illicit finance risk,” FinCEN wrote. “The rule will increase transparency, limit the ability of illicit actors to anonymously launder illicit proceeds through the American housing market, and bolster law enforcement investigative efforts.” The real estate rule will go into effect on December 1, 2025.
The rule about investment advisors will make the obligation to report suspicious financial activity apply to certain financial advisors. This rule will go into effect on January 1, 2026.
“The Treasury Department has been hard at work to disrupt attempts to use the United States to hide and launder ill-gotten gains,” Secretary of the Treasury Janet L. Yellen explained. “That includes by addressing our biggest regulatory deficiencies, including through these two new rules that close critical loopholes in the U.S. financial system that bad actors use to facilitate serious crimes like corruption, narcotrafficking, and fraud. These steps will make it harder for criminals to exploit our strong residential real estate and investment adviser sectors.”
“I applaud FinCEN’s commonsense efforts to prevent corrupt actors from using the American residential real estate and private investment sectors as safe havens for hiding dirty money,” Senator Sheldon Whitehouse (D-RI) said in a statement. “For too long, vulnerabilities in the system have attracted kleptocrats, cartels, and criminals looking to stow away their ill-gotten gains. I hope FinCEN will apply similar safeguards to commercial real estate, as well as due diligence requirements to investment advisors. These are all welcome steps toward keeping our country and financial system safe and secure for the American people—not those who wish to abuse it.”
The Commission on Security and Cooperation in Europe (also known as the Helsinki Commission) brought the history of modern money laundering full circle. It said: “We welcome the Treasury Department's decision to close off crucial pathways for Russian money laundering and sanctions evasion through real estate and private equity.”
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