FinCEN’s Residential Real Estate Reporting Rule Is Now in Effect: Assessing Compliance Obligations and Associated Risk

Bruce Zagaris | Berliner Corcoran & Rowe

Bruce Zagaris is a partner at Berliner Corcoran & Rowe LLP in Washington, D.C., concentrating on international regulatory enforcement, cross-border investigations, and international tax controversy. With decades of experience advising individuals, corporations, and sovereign governments, he is widely recognized for his work at the intersection of international tax, white collar defense, extradition, anti-money-laundering compliance, and transnational evidence gathering. His practice focuses on navigating complex, multi-jurisdictional legal frameworks and high-stakes enforcement matters.

Education & Credentials

• Mr. Zagaris earned his Bachelor of Arts, Juris Doctor, and LL.M. in Taxation from George Washington University. He further expanded his international legal training by obtaining additional LL.M. degrees from Stockholm University in Sweden and the Free University of Brussels. He is admitted to practice in the District of Columbia and is fluent in Spanish and Portuguese, with a working knowledge of French—skills that support his extensive cross-border practice.

Recognition & Leadership

• Throughout his career, Mr. Zagaris has received sustained peer recognition for his work in international law and enforcement. He has been selected to Super Lawyers in Washington, D.C., for multiple consecutive years through 2023. His leadership roles include serving as Chair of the American Bar Association’s International Tax Committee and Chair of the ABA Committee on International Criminal Law, as well as serving on the ABA Criminal Justice Section Council. He has also served as President of the Washington Foreign Law Society, reflecting his longstanding leadership within the international legal community.

Professional Involvement

• Mr. Zagaris is the founder and editor of the International Enforcement Law Reporter, a monthly publication he has led since 1985 covering global enforcement developments. He has served in leadership roles with the American Society of International Law, including on its Executive Committee and the Board of International Legal Materials, and currently holds a leadership position within its Cultural Heritage and the Arts Interest Group. He is also affiliated with the International Penal Law Association and frequently speaks on international tax enforcement and cross-border criminal matters.

Experience

• Mr. Zagaris has more than four decades of experience advising on international tax controversy, voluntary disclosures, cross-border investigations, and regulatory enforcement matters. He has represented foreign governments in negotiating tax treaties and financial services agreements and has served as a consultant and expert witness in complex criminal cases. His practice regularly involves extradition, international evidence gathering, anti-money-laundering compliance, and asset recovery matters spanning multiple jurisdictions.

Jonathan N. Halpern, Partner | Holland & Knight

Jonathan N. Halpern is a seasoned litigator and partner at Holland & Knight LLP whose practice sits at the intersection of white collar criminal defense, government investigations, and complex civil litigation. Drawing on his distinguished tenure as a federal prosecutor in the Southern District of New York, Mr. Halpern is a trusted strategist and relentless advocate who has quietly achieved significant client outcomes — including the dismissal of federal criminal felonies — both in the courtroom and behind the scenes.

Education & Credentials

• Mr. Halpern earned his A.B., cum laude, from Cornell University and his J.D. from Boston University School of Law, where he served as Editor-in-Chief of the Boston University International Law Journal. He is admitted to practice in New York and the District of Columbia, and is admitted to the U.S. Supreme Court, the U.S. Courts of Appeals for the Second, Fourth, Sixth, and Seventh Circuits, and the U.S. District Courts for the Eastern, Southern, and Western Districts of New York.

Recognition & Leadership

• Mr. Halpern has been recognized in The Best Lawyers in America guide for Criminal Defense: White Collar continuously since 2013. He received the Director’s Award for Superior Performance from the U.S. Department of Justice and has been named a Holland & Knight Pro Bono All-Star every year from 2019 through 2021, and consistently thereafter, in recognition of his sustained commitment to public service.

Professional Involvement

• Mr. Halpern serves on the Board of Directors of The Fund for Modern Courts and is a member of the New York City Bar Association’s Council on International Affairs, the New York State Bar Association’s Committee on White Collar Criminal Litigation, the Federal Bar Council’s Committee on Sentencing and Alternatives to Incarceration, the American Bar Association, and the National Association of Criminal Defense Lawyers. He handles substantial pro bono work, with a particular focus on immigration asylum cases, and has successfully secured asylum for multiple individuals fleeing persecution — including prevailing at trial on behalf of a client who had been detained at the U.S. border for nearly nine months.

Experience

• Mr. Halpern represents corporations and individuals in government and internal investigations, federal and state criminal proceedings, and complex civil matters spanning financial services, cybersecurity, FCPA and anti-corruption, healthcare fraud, securities and commodities, tax, and workplace misconduct. He regularly engages with the U.S. Attorney’s Office, DOJ, SEC, CFTC, New York State Attorney General’s Office, and other federal and state agencies on behalf of clients across industries including banking, pharmaceutical and healthcare, media, energy, manufacturing, and retail. Prior to joining Holland & Knight, Mr. Halpern served as a federal prosecutor in the SDNY, where he rose to Chief of the Major Crimes Unit, supervising approximately 25 prosecutors handling international bribery, money laundering, healthcare and tax fraud, computer crimes, and other large-scale financial crimes. He served as lead prosecutor in several high-profile matters, including the investigation of the presidential pardon of Marc Rich and oversight of the corruption investigation into the United Nations Oil for Food Program.

Michael C. Titens, Partner | Holland & Knight

Michael C. Titens is a distinguished corporate attorney and partner based in the Dallas office of Holland & Knight LLP. With decades of experience advising domestic and international clients, he is widely respected for his strategic counsel in complex mergers and acquisitions, joint ventures, private equity matters, and cross-border investment transactions. Mr. Titens combines deep legal expertise with a pragmatic approach to help clients navigate sophisticated business challenges and achieve their strategic objectives.

Education & Credentials

• Mr. Titens earned his Juris Doctor, cum laude, from Harvard Law School and his Bachelor of Arts, magna cum laude, from Harvard University. These academic achievements reflect his early commitment to legal excellence and provide the foundation for his highly analytical and effective approach to corporate law. He has been admitted to practice in the State of Texas since 1986, underscoring his long-standing professional presence in the region.

Recognition & Leadership

• Throughout his career, Mr. Titens has received extensive recognition from peers and industry observers. He has been consistently honored in The Best Lawyers in America® guide for Corporate Law from 2013 through 2026, a testament to his enduring reputation for legal excellence. Additionally, he has been selected multiple times as a Texas Super Lawyers honoree in the areas of Mergers & Acquisitions, Securities & Corporate Finance, and Business/Corporate law, illustrating sustained professional achievement. Mr. Titens’s leadership is further reflected in local accolades such as inclusion in D Magazine’s Best Lawyers in Dallas for General Corporate Law.

Professional Involvement

• Mr. Titens is actively engaged in professional and community organizations that extend his leadership beyond the courtroom. He serves on the Board of Directors for Child Find of America, Inc., demonstrating long-term commitment to child advocacy and community service. He also holds a position on the Board of Trustees for TITAS/Dance Unbound, reflecting his support for cultural and artistic endeavors. Throughout his career, he has participated in numerous committees and international business groups, including roles with the Greater Dallas Chamber of Commerce Americas Task Force and the U.S.–Mexico Chamber of Commerce International Resource Committee, underscoring his involvement in fostering cross-border commerce and professional collaboration.

Experience

• With a career spanning nearly four decades, Mr. Titens’s experience encompasses a broad array of high-stakes corporate transactions and strategic legal counsel. He represents U.S. and international clients in structuring, negotiating, and implementing complex mergers and acquisitions, joint ventures, and private equity transactions. His practice also includes advising private equity funds and portfolio companies in formation, financing, and strategic growth matters. Mr. Titens has particular expertise representing Mexican and other international clients, including having served as a resident attorney in the firm’s Monterrey, Mexico office in the 1990s, which enhances his global perspective and bilingual capabilities. He also has a substantive background in cybersecurity and data privacy issues, having previously co-chaired his firm’s Cybersecurity and Data Privacy Group. Through his career, Mr. Titens has guided clients across industries—such as technology, energy, and services—through transformational business and investment deals with clarity and strategic focus.

I. Post-Implementation Reality: What’s Changed & Early Compliance Challenges | 1:00pm – 1:15pm

A practical look at how the Rule has been functioning since March 1, 2026, including workflow disruptions, intake slowdowns, and the real-world friction attorneys are encountering in the first phase of reporting.

II. Determining Reportability in Complex Transactions | 1:15pm – 1:30pm

How to analyze gray-area deals, layered entity purchases, trust structures, and nontraditional transfers to confidently determine when a filing is required—and when it’s not.

III. Filing Responsibility, Beneficial Ownership & Reasonable Reliance | 1:30pm – 2:00pm

Who must file, how designation agreements work, how to manage disputes among closing parties, and how to collect and document beneficial ownership information while properly relying on client-provided data.

Break | 2:00pm – 2:10pm

IV. Malpractice Exposure, Penalties & Enforcement Risk | 2:10pm – 2:40pm

Where attorneys face professional liability if a report is missed or inaccurate, what civil and criminal penalties apply, recordkeeping obligations, and where regulators are most likely to focus enforcement.