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#1156045 - 04/01/09 08:59 PM LE Request for SAR Supporting Docs
daysailor Offline
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Joined: Feb 2007
Posts: 51
I recently read that requests by law enforcement for SAR supporting documentation must be in writing or will not be covered under Safe Harbor. I made a note while reading this, got interrupted by a phone call, and failed to notate the source. Has anyone else come across this?

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#1156117 - 04/01/09 09:39 PM Re: LE Request for SAR Supporting Docs daysailor
smash Offline
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Joined: May 2004
Posts: 331
Texas
I would not agree with this statement as a "MUST BE". I think it is a good idea. Here is the FinCEN guidance:

http://www.fincen.gov/statutes_regs/guidance/html/Supporting_Documentation_Guidance.html

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#1156169 - 04/01/09 10:43 PM Re: LE Request for SAR Supporting Docs smash
WonderWoman Offline
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Posts: 2,108
gone fishin'
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#1156187 - 04/02/09 01:02 AM Re: LE Request for SAR Supporting Docs WonderWoman
daysailor Offline
Member
Joined: Feb 2007
Posts: 51
Thanks for the links to guidance. I had already checked these sources and it was not in either of these that I saw the statement that if the request was not in writing that it might not be subject to Safe Harbor.

I know that it is recommended that requests are in writing, but I believe that if the request is properly documented as to time of request, date, method, person requesting information, agency, contact information, and method of verification that it is covered by Safe Harbor and not necessary to have in writing especially when the requestor is known to and has a working relationship with the banker.

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#1156196 - 04/02/09 02:29 AM Re: LE Request for SAR Supporting Docs daysailor
John Burnett Offline
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John Burnett
Joined: Oct 2000
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Cape Cod
On the other hand, it's a lot easier to demonstrate that you acted in response to a bona fide LE request if, in fact, you have a document you can point to. If you're sued by your customer for divulging information in contravention of his/her rights, you'll want that safe harbor defense to be quick, decisive and ironclad.
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#1156676 - 04/02/09 05:47 PM Re: LE Request for SAR Supporting Docs John Burnett
NewTooBSA Offline
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Joined: Nov 2005
Posts: 568
Texas
I receive a lot of requests from law enforcement officers via the phone but I request every one of them be submitted in a written request prior to furnishing any documentation.
In addition I make them sign a receipt detailing what documents they have received and keep that in the SAR file.
That way there is no question about what was requested and what was furnished.

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#1157851 - 04/03/09 10:16 PM Re: LE Request for SAR Supporting Docs NewTooBSA
daysailor Offline
Member
Joined: Feb 2007
Posts: 51
Thanks for the responses.

Congratulations John on your new grandson!

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#1158579 - 04/06/09 08:14 PM Re: LE Request for SAR Supporting Docs daysailor
John Burnett Offline
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John Burnett
Joined: Oct 2000
Posts: 40,086
Cape Cod
Thank you!
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John S. Burnett
BankersOnline.com
Fighting for Compliance since 1976
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