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#1257150 - 09/25/09 04:50 PM To SAR or NOT to SAR
AML247 Offline
100 Club
Joined: Jun 2005
Posts: 127
SC
We have a customer that recently made a withdrawal of $30,000+ in cash. In researching the transaction, I found that a check drawn on a TX bank and with the Payor having a Mexico address had given our customer this check. It had been deposited, a hold placed, and then the cash withdrawn when the hold expired. Further questioning about this unusual transaction revealed that our customer is raising "fighting" roosters. Then there is a group from Mexico that drives to AL to our customer and purchases these roosters and takes them back to Mexico, alledgedly to fight. There is no law against raising the roosters, only fighting them and our customer doesn't participate in that. There are laws against interstate commerce of fighting dogs and roosters, but technically, our customer is not the one transporting the roosters --- someone else is. I don't feel good about it and think it's suspicious and think it should be reported. Our legal counsel rests on the two points made earlier regarding raising them and not participating in transaporting them and feels we should leave it along. I'm conflicted and would appreciate some opinions. Thanks!

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#1257203 - 09/25/09 05:40 PM Re: To SAR or NOT to SAR AML247
E.E.G.B Offline
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E.E.G.B
Joined: Jul 2002
Posts: 6,726
the sandy shore
Even if he's not transporting, if he weren't raising them, would these people be showing up to buy them? Obviously, no.

I think I agree with you, I think I would probably file.
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I disbelieved what he was saying so hard, I probably created an alternate universe where it wasn't true.

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#1257229 - 09/25/09 05:52 PM Re: To SAR or NOT to SAR E.E.G.B
ACBbank Online
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ACBbank
Joined: Jul 2006
Posts: 4,242
New York City
Im not a lawyer, so I wont comment on the legality of the issue. But why would your FI even want to be involved with someone who could be involved with such an activity?

Besides that, how can you be sure of what your customer is or isnt involved in? If he is involved, he wouldnt exactly confess to taking part in a crime if you asked him.

If you feel the transaction is suspicious, file a SAR along with the CTR. I just cant imagine the account is worth the potential risk.
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"100 victories in 100 battles isnt the most skillful. Subduing the other's military w/o battle is the most skillful." Sun-Tzu

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#1257337 - 09/25/09 07:12 PM Re: To SAR or NOT to SAR ACBbank
nemsi Offline
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Joined: Nov 2005
Posts: 383
I would file a SAR asap and then i would contact law enforcement. Maybe they will keep and eye on the guy and arrest them all when the guys come from Mexico!!!

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#1257351 - 09/25/09 07:18 PM Re: To SAR or NOT to SAR nemsi
AML247 Offline
100 Club
Joined: Jun 2005
Posts: 127
SC
Preaching to the choir! But I'm the only one that is thinking this way. So do I go against our legal counsel and my supervisor? I think I probably will..............easier to ask forgiveness than permission!

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#1257367 - 09/25/09 07:26 PM Re: To SAR or NOT to SAR AML247
#Just Jay Offline
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#Just Jay
Joined: Oct 2006
Posts: 14,390
Cheeseheadland
I would file as well. The guy is indirectly involved with legal activity, and is well aware of it.
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#1258091 - 09/28/09 08:14 PM Re: To SAR or NOT to SAR #Just Jay
EdieT Offline
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EdieT
Joined: May 2009
Posts: 76
PA
I agree with the majority. Raising roosters may not be illegal but selling them for fighting & the Mexican connection makes me nervous for you. I would rather file than explain to the examiner why I didn't. Too many red flags. Your supervisor & legal dept may not want to get involved, but it's too late-you already have him as a customer. Let them know you are covered under the Safe Harbor language.

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#1258156 - 09/28/09 08:59 PM Re: To SAR or NOT to SAR EdieT
dcl1963 Offline
100 Club
Joined: Feb 2006
Posts: 177
LA
I agree and say file. Does the customer typically withdraw large amounts of cash and have a reasonable activity to do so?; if not, then this is not customary for the customer and constitutes suspicious activity and add on the connection for the fighting roosters...
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In God we trust, all others pay cash. . . Jean Shepherd

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