Employee send information home to have a family member help underwrite loans. SAR Reportable or not? My take is she breached customer information. Is this enought to support filing a SAR?

Good question. It might be a reach, but they clearly did violate the law. I don't think you're obligated to file in this case. What box would you check, "Misuse of Position"?

I think they really need to add a "Stupid or Idiotic Event" box.

I would file under "other" if we filed at all.
Issue is. We Notified our regulator of the incident. They asked if one was filed and said we must file becaue it was an employee. If no crime how do we get out of this now?

The BSA regulations don't state it must be a crime, I believe it states 'Insider abuse in any amount'. This does fit that scenario.

Although I do agree with Randy.

I agree with rlcarey's characterization. It's certainly a profound lapse in judgment, but if someone says it's a crime I would appreciate a citation to statute.

IMHO - It would not be "Misuse of Position"

Misuse of Position / Self Dealing
18 U.S.C. Section 656 / 657 - Theft, Embezzlement, or Misapplication of Funds

18 U.S.C. Section 644 - Banker Receiving Unauthorized Deposit of Public Money

18 U.S.C. Section 215 - Bank Bribery

A person, who is not an authorized depositary of public moneys, who knowingly receives from any disbursing officer, collector of internal revenue, or other agent of the United States, public money on deposit, or by way of a loan or accommodation, with or without interest, or otherwise than in payment of a debt against the United States, or uses, transfers, converts, appropriates, or applies any portion of the public money for any purpose not prescribed by law.

I'm thinking "Computer Intrusion" would be the best fit:

Computer Intrusion
18 U.S.C. Section 1030 – Computer Fraud
A person who gains access to a computer system of a financial institution to:

Remove, steal, procure or otherwise affect funds of the institution or the institution's customers

Remove, steal, procure or otherwise affect critical information of the institution including customer account information; or,
Damage, disable or otherwise affect critical systems of the institution.

Toocomply has not said the information was on a computer or, if it was, that the employee's access to the computer system was unauthorized.

My understanding is that the issue is the fact that the information was given to a non employee for a purpose that was not criminal in nature.

I agree with you Ken ... Toocomply - maybe ask the regulator what box you are supposed to check?

Just for my own question ...

The SAR Review #3 (http://www.fincen.gov/sarreviewissue3.pdf) does have some Q&A on Computer Intrusion ... would the following apply in this scenario?

(Q) A former disgruntled employee of a financial institution uses his/her personal computer to access the institution's critical information system to steal customer account information. Should a SAR be filed to report computer intrusion in this case?

(A) Yes. A SAR should be filed for computer intrusion including any other violations that had affected the customer's financial information (e.g., credit card fraud, identity theft).

It's not ID theft. She used her work computer to send information outside the company to have someone, a non-bank employee, help her do her job. The information was not stolen. It did put our bank and customers at rick for ID theft.

Obviously, this is not the same thing, but it should be a subtle reminder to those who might considering "borrowing" bank records for their own benefit.

http://www.usdoj.gov/usao/mie/press/2009/2009-7-6_bjarrard.pdf