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#1745659 - 10/01/12 09:29 PM SAR and Law Enforcement
Compliance Lover Offline
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When notifying local law enforcement about suspicious activity, do you give them a copy of the SAR or can you just provide them the information in written form without actually stating a SAR has been filed?

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#1745662 - 10/01/12 09:33 PM Re: SAR and Law Enforcement Compliance Lover
WonderWoman Offline
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Depends on who you're talking about.

Some prefer the SAR in hand because it's easier to read than the FinCEN download. You'd want to talk to the particular law enforcement group you're dealing with.

If I were to give a SAR to my local PD - they'd have no idea what to do with it.
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#1745665 - 10/01/12 09:35 PM Re: SAR and Law Enforcement WonderWoman
Compliance Lover Offline
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I was worried about the confidentiality of it too.

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#1745669 - 10/01/12 09:54 PM Re: SAR and Law Enforcement Compliance Lover
WonderWoman Offline
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You may share SARs with Law Enforcement. The whole reason to submit a SAR is to notify LE. But you'll want to analyze the competency of the LE you'd be sharing with.

PG 79 of the exam manual:

For situations requiring immediate attention, in addition to filing a timely SAR, a bank must immediately notify, by telephone, an “appropriate law enforcement authority” and, as necessary, the bank’s primary regulator. For this initial notification, an “appropriate law enforcement authority” would generally be the local office of the IRS Criminal Investigation Division or the FBI. Notifying law enforcement of a suspicious activity does not relieve a bank of its obligation to file a SAR.

Examples of agencies to which a SAR or the information contained therein could be provided include: the criminal investigative services of the armed forces; the Bureau of Alcohol, Tobacco, and Firearms; an attorney general, district attorney, or state’s attorney at the state or local level; the Drug Enforcement Administration; the Federal Bureau of Investigation; the Internal Revenue Service or tax enforcement agencies at the state level; the Office of Foreign Assets Control; a state or local police department; a United States Attorney’s Office; Immigration and Customs Enforcement; the U.S. Postal Inspection Service; and the U.S. Secret Service. For additional information, refer to Bank Secrecy Act Advisory Group, “Section 5—Issues and Guidance,” The SAR Activity Review—Trends, Tips & Issues, Issue 9, October 2005, page 44 at www.fincen.gov.

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#1745676 - 10/01/12 10:04 PM Re: SAR and Law Enforcement WonderWoman
Compliance Lover Offline
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Yes, I knew you can provide it to them, but just wondered if you had to give the actual SAR or a report with similar information in its place would work. I don't know how much local authorities know about the confidentiality of SARs.

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#1745691 - 10/02/12 12:26 AM Re: SAR and Law Enforcement Compliance Lover
Elwood P. Dowd Offline
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Quote:
I don't know how much local authorities know about the confidentiality of SARs.


I grew up in a rural area. I knew some of the senior law enforcement people in that area since high school. Armed with that familiarity, I could imagine my SAR being accidentally left in the copy machine in the lobby of the courthouse or its being discussed at the coffee shop.

Every LEA in the U.S. has access to the SAR data base through the Gateway system; i.e. they have to jump through some hoops, but they can get your SAR through official channels. Whatever internal controls are incorporated in that process would be for your bank's protection as much as anyone elses.

Very clearly, you can share SAR information with LEAs at any level, once the SAR has been filed. In compelling local situations, my approach would be to verbally outline the fact situation to a senior officer without naming names then give them the DCN along with my best wishes.
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#1745925 - 10/02/12 06:30 PM Re: SAR and Law Enforcement Compliance Lover
WonderWoman Offline
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Sorry - what I was trying to say - I don't know where you are located, so you'd have to analyze your local PD.

My PD wouldn't be able to handle them ... but a PD in Los Angeles may be a different story.
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