Mr. Speaker, I move to suspend the rules and agree to the resolution (H. Res. 206) acknowledging that the lack of sunlight and transparency in financial transactions and corporate formation poses a…
Mr. Speaker, I move to suspend the rules and agree to the resolution (H. Res. 206) acknowledging that the lack of sunlight and transparency in financial transactions and corporate formation poses a threat to our national security and our economy's security and supporting efforts to close related loopholes, as amended.
Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks on this legislation and to insert extraneous material thereon.
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in strong support of H. Res. 206, a resolution I have introduced to inform the Congress and the American people about the persistent
money laundering loopholes and problems that continue to plague the American financial system.
I am pleased to bring this resolution to the floor in recognition of Sunshine Week. As part of Sunshine Week, the Financial Services Committee is shining a bright light on money laundering and discussing ways to strengthen our country's anti-money laundering and counterterrorism finance efforts.
Criminals like drug traffickers, human traffickers, fraudsters, kleptocrats, rogue governments, and other corrupt individuals and organizations know our financial system well and work hard to find ways to circumvent our anti-money laundering laws.
Congress has enacted numerous laws to improve the transparency of financial transactions that touch institutions in the United States and those on each end of a financial transaction. We have created reporting mechanisms, strengthened law enforcement and intelligence capacities, and promoted responsible, privacy-protecting information regimes to ensure that both the industry and the government have the tools needed to rid the economy of these illicit funds. However, there are still glaring problems and loopholes in our system that Congress must address.
The resolution that I have introduced highlights two significant loopholes that remain: the lack of transparency in, number one, the arts and antiquities industry and, number two, the real estate industry.
First, we know that ethnic and cultural artifacts are stolen and traded to garner funds for bad actors. According to the Antiquities Coalition: ``The United States is the largest destination for archeological and ethnological objects from around the world.'' We know, too, that terror groups like ISIS have looted and sold these treasures to fund their operations, which the head of UNESCO, the United Nations' cultural heritage agency, said was worth millions of dollars and conducted on an ``industrial scale.'' However, today, dealers in arts and antiquities are exempt from the Bank Secrecy Act, creating a huge loophole for bad actors to launder funds.
Second, the significance of the real estate loophole in the United States was acknowledged in 2017 by the Financial Crimes Enforcement Network, FinCEN, when it issued Geographic Targeting Orders, GTOs, requiring limited ownership information to be disclosed and reported in some high-end real estate transactions. In fact, FinCEN has noted that ``about 30 percent of the transactions covered by the GTOs involve a beneficial owner or purchaser representative that is also the subject of a previous suspicious activity report.''
The movement of illicit funds throughout the global financial system raises numerous questions regarding the actors who are involved in these money laundering schemes and where the money is going. This is precisely why the Financial Services Committee is investigating the questionable financing provided to President Trump and The Trump Organization by banks like Deutsche Bank to finance its real estate properties. The committee is also concerned that Trump-branded and managed condo buildings, for example, have taken millions from suspect Russians or individuals from former Soviet states through cash transactions, some well above the market value and many through shell companies.
Congress must close these loopholes, and financial institutions, including the biggest banks, also must do their part and fully comply with our BSA/AML laws. Although most do, we can continue to see not only failures in compliance, but also egregious acts where money laundering and terror finance are facilitated.
Further, many of our largest financial institutions have facilitated money laundering through our U.S. financial system from abroad. One scheme was carried out in Deutsche Bank's Moscow and London branches using mirror trading, in which corrupt traders in Russia managed to move $10 billion in illicit funds out of Russia by buying blue chip stocks in rubles and selling them for U.S. dollars in London. Deutsche Bank was fined nearly $630 million for allowing this mirror trading scheme to take place.
Another scheme involved Danske Bank, wherein $230 billion in suspicious funds moved from Russia and other former Soviet states through one of Danske Bank's small Estonian branches to several U.S. financial institutions.
We also know that real estate is frequently used to launder dirty money. Bad actors like Russian oligarchs and kleptocrats often use anonymous shell companies and all-cash schemes to buy and sell commercial and residential real estate to hide and clean their money.
Today, these all-cash schemes are exempt from the Bank Secrecy Act. This must stop. In passing this resolution today, we also remind our colleagues in the banking industry of their responsibilities.
In closing, Mr. Speaker, this resolution has benefited from the comments of the ranking member of the Financial Services Committee, Mr. McHenry, and other members of the committee, and I thank them for their thoughtful consideration of this resolution.
Mr. Speaker, I urge all of my colleagues to support this resolution that recognizes the need to close these loopholes and to urge financial institutions to comply with the law.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield 2 minutes to the gentleman from Georgia (Mr. David Scott), who is a senior member of the Financial Services Committee.
Mr. Speaker, I yield 2 minutes to the gentleman from Texas (Mr. Green), the chair of the Subcommittee on Oversight and Investigations on the Financial Services Committee.
Mr. Speaker, I yield 2 minutes to the gentleman from Massachusetts (Mr. Lynch), a longtime member of the Financial Services Committee.
Mr. Speaker, I cannot describe how pleased I am working with Mr. McHenry and the way that he has expressed to you in his presentation how we have worked together, and I thank him for that. I am very appreciative of that, and I will continue to work on those issues that the gentleman alluded to.
Mr. Speaker, I yield 2 minutes to the gentlewoman from New York (Mrs. Carolyn B. Maloney), the chair of the Subcommittee on Investor Protection, Entrepreneurship, and Capital Markets.
Mr. Speaker, I yield myself the balance of my time.
I include in the Record the following letter of general support for H. Res. 206 from the Fraternal Order of Police.
National Fraternal
Order of Police
Washington, DC, March 13, 2019.
Hon. Maxine M. Waters,
Chairman, Committee on Financial Services,
House of Representatives, Washington, DC.
Hon. Emanuel Cleaver II,
Chairman, Subcommittee on National Security, International
Development and Monetary Policy, Committee on Financial
Services, House of Representatives, Washington, DC.
Hon. Patrick T. McHenry,
Ranking Member, Committee on Financial Services, House of
Representatives, Washington, DC.
Hon. Steven E. Stivers,
Ranking Member, Subcommittee on National Security,
International Development and Monetary Policy, Committee
on Financial Services, House of Representatives,
Washington, DC.
Dear Madam Chairman, Mr. Chairman and Representatives
McHenry and Stivers: I am writing on behalf of the members of
the Fraternal Order of Police to advise you of our continued
support for the collection of beneficial ownership
information to
combat terrorist financing, money laundering and other
criminal activities. We strongly agree with many of the
points raised in H. Res 206 as they pertain to the collection
of this information and we look forward to working with the
Committee on Financial Services and the Subcommittee on
National Security, International Development and Monetary
Policy to address these issues, in the months ahead.
For years, the FOP has supported the collection of
beneficial ownership information and we've been proud to
partner with Representatives Carolyn B. Maloney (D-NY) and
Peter T. King (R-NY) on legislation entitled the ``Corporate
Transparency Act `` A discussion draft sharing that same
title is being considered by the committee today and the FOP
is once again prepared to support this important legislation.
Transnational criminal organizations and terrorist
operations are using our banks, financial institutions and
other means to profit from their illegal activity This is a
well-documented problem for our financial institutions and
for law enforcement as we work together to shut down these
sophisticated criminal enterprises.
Congress and this committee have played a leadership role
in identifying the problem and working with law enforcement
to develop legislation like the ``Corporation Transparency
Act.'' In addition, this Administration also agrees with this
approach--last July U.S. Secretary of the Treasury Steven T.
Mnuchin testified before this committee and stated that there
is a real need to ``have access to beneficial ownership
information for law enforcement and for combating terrorist
financing.''
The Secretary's remarks were very clear that this is a
pressing issue and the vulnerability of our financial
institutions poses a genuine threat to public safety and
national security. Under current laws, shell corporations may
be used as front organizations by criminals conducting
illegal activity such as money laundering, fraud, and tax
evasion. Legislation like the ``Corporation Transparency
Act'' and other measures identified in H. Res. 206, propose
to combat this misuse of U.S. corporations by requiring the
U.S. Department of the Treasury, specifically the Financial
Crimes Enforcement Network (FinCEN), to collect beneficial
ownership information for corporations and limited liability
companies formed under State laws unless the State is already
collecting this information. It is vital that such
information, once collected, be available to law enforcement
at every level--local, State, tribal and Federal--upon a
lawful request. The sharing of this information will help
speed the ability of law enforcement to investigate any
possible connection between these corporations and terrorist
funding.
All too often, investigations will hit a dead end when we
encounter a company with hidden ownership. Just as robbers or
burglars wear masks to hide their faces and make identifying
them more difficult; the criminals we are chasing in these
cases use shell corporations as masks, concealing themselves
while still profiting from their crimes. When we are able to
expose the link between shell companies and drug trafficking,
corruption, organized crime and terrorist finance, law
enforcement will be able to bring these criminals to justice
and make our citizens and our nation safer.
We would also like to raise our concerns about proposals
that would increase the monetary threshold for filing
Currency Transaction Reports and Suspicious Activity Reports,
thereby reducing the information law enforcement currently
receives. It is not clear what policy or public safety aim
such a change is intended to accomplish. Organized criminal
enterprises are already aware of the current thresholds and
often take steps to avoid triggering these alerts and
bringing scrutiny to their operations. Increasing these
thresholds may negatively impact law enforcement and
investigations into money laundering and other financial
crimes.
On behalf of the more than 345,000 members of the Fraternal
Order of Police, I want to thank this committee for its
leadership on this issue and most of all, for its willingness
to engage and work with the law enforcement community on the
collection of beneficial ownership information. By working
together, I believe we can make our financial system and our
nation safer from criminal and terrorist organizations. If I
can provide any additional information on this matter, please
do not hesitate to contact me or my Executive Director, Jim
Pasco, in my Washington office.
Sincerely,
Chuck Canterbury,
National President.
Mr. Speaker, as we join together during this Sunshine Week to highlight the importance of transparency in our economy and our national security, and the preservation of our rule of law, we cannot ignore the insidious harm that is being done by institutions like Deutsche Bank, Danske Bank, and others that facilitate money laundering and financial crime.
Kleptocracy and corruption around the world and here at home, as the Trump family and its companies have proven, can only thrive with the cooperation or willful blindness from financial institutions that move, hide, and launder their ill-gotten money, money that can come in and out of the financial system through investments in real estate, art, and other luxury markets across America.
I hope my colleagues on both sides of the aisle would agree that we need to close loopholes that allow criminals and terrorists to hide from sunlight and scrutiny, and I urge the House to support H. Res. 206, as amended.
Mr. Speaker, I yield back the balance of my time.