Does anyone have a procedure they would be willing to share regarding situations when federal law enforcement requests SAR-related documentation without a subpoena?

You should read the act closer. The information belongs to the feds, you're just holding on to it for them until they contact you, which they may or may not do.

I don't believe anonymous is correct. The SAR related documentation can be released by the Bank only if the govt complies with the RFPA...(if its the federal govt) otherwise they would have to deliver a subpoena asking for specific information which would not include the SAr itself..

I took Mobdiaz's question as indicating an understanding of the fact that no subpoena is required when you receive a law enforcement request for the documentation used to support a SAR filing. Every bank in the U.S. received an interagency memorandum in 1998 and again in 2004 saying you should have procedures in place for handling requests from law enforcement.

I'm making this up on the spot, so I assume there will be improvements offered by others. Obviously, your attorney will review and approve any checklist you develop before you implement it.

You want:

* Full identification on the law enforcement official requesting the information.
* Enough descriptive information regarding the SAR that you know this isn't a fishing expedition; i.e. they need to describe the SAR, not just give you the name of a customer.
* Review the list of supporting documentation you showed in the SAR.
* Pull each of those items together.
* Have someone else review the list of documents in the SAR and compare it to those you have compiled. The "pile" should include everything you listed. It should not include anything you did not list.
* Make the information available to the law enforcement official on your premises.
* If he or she wants copies of specific items, copy them, but get an itemized receipt for everything you turn over.
* Provide absolutely nothing in response to a request for more recent or additional information. If more information is requested and your investigation indicates the activity is ongoing, consider filing another SAR.
* Send a memorandum addressed to your attorney regarding the information you obtained before granting access and summarizing anything that happened later.

As noted, you are not required to get a subpoena. It's possible your attorney will say, "I want one anyway." Take your attorney's advice, but don't expect a cordial atmosphere thereafter.

Thanks, Ken. You were right on target with where I was going with my question. We've had a number of agents come in fishing. They give us a name and want to know if we have filed a SAR. My argument is that we are only obligated to inform FinCEN, not law enforcement directly. If FinCEN gave them access to the database, they should use it. I always let them know that the SAR is the document that gives then access to the supporting documentation and when they can present it or identify the filing we are more than willing to provide them with the supporting documentation. Of course, they always want me to cite something for them. Not that I don't quote you often, but is any of your advice found in the law, a case, or a reg?