1. Bad person sells drugs for cash.
2. Bad person has cash.
3. Bad person lends borrower cash to buy real estate.
Step 3 is the mystery.
— Bad person could give a bag of cash to the borrower. Now the borrower has a banking problem. How does that cash get into a bank account so the real estate purchase can happen?
— Bad person masquerading as a legit lender could give a bag of cash to the seller at closing. Now the seller has a banking problem.
— Bad person masquerading as a lender can give a bag of cash to the closing agent who is facilitating the real estate transaction. Now the closing agent has a banking problem.
There will be a huge pile of cash that must somehow enter the banking system. Someone must do this. How does it happen?
And no it doesn’t not suffice to tell the seller or the closing agent “I brought a giant bag of Canadian currency with me when I flew in from China to buy this property.” Banks didn’t fall off the back of the turnip truck yesterday.
As the article notes, this is a money laundering problem. But the article postulates a moment of magic — the moment where a bag of tainted cash becomes a recorded mortgage lien on real estate.
I’m saying this as an international tax lawyer who has structured hundreds of millions of dollars of US real estate purchase by foreigners. Maybe I just deal with legit people. We always get wire transfers from real banks, whether the investment is debt or equity.