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#1328497 - 01/21/10 09:52 PM BSA - 314A's
Goal Keeper Offline
Member
Joined: Jun 2006
Posts: 71
Is it a major problem if our bank does not complete the checking of customers on the 314a's within the two week required period for a few of the requests?
We may have 10 or 12 requests out of 52 weekly requests during an entire year that were completed beyond the 2 week period. ??

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#1328530 - 01/21/10 10:18 PM Re: BSA - 314A's Goal Keeper
Doug Hendrickson Offline
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Doug Hendrickson
Joined: Oct 2009
Posts: 3,927
Yes, it could be. If you've got 10/12 out of 52, that's a 20-25% rate and could be considered by an examiner as a violation. This will be covered by them in the BSA examination.
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#1328553 - 01/21/10 10:34 PM Re: BSA - 314A's Doug Hendrickson
DebL Offline
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Joined: Jan 2007
Posts: 314
CA
The FFIEC manual says we "must" search and report within the 14 days. I'd be very nervous about that rate (20-25%) of non-compliance come audit time.
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#1328611 - 01/22/10 12:18 AM Re: BSA - 314A's DebL
rlcarey Online
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rlcarey
Joined: Jul 2001
Posts: 83,729
Galveston, TX
103.100(b)(2)(i) Record search. Upon receiving an information request from FinCEN under this section, a financial institution shall expeditiously search its records to determine whether it maintains or has maintained any account for, or has engaged in any transaction with, each individual, entity, or organization named in FinCEN's request.

Concerned - yes. Since you are required to report within 14 days, it is a direct violation of the Bank Secrecy Act. I have never seen direct violations treated as "no big deal", epecially with that type of error ratio.
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#1328614 - 01/22/10 12:23 AM Re: BSA - 314A's Goal Keeper
Elwood P. Dowd Offline
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Elwood P. Dowd
Joined: Aug 2001
Posts: 21,939
Next to Harvey
This is a law enforcement statute, not some puny little consumer protection law. Your regulator could and perhaps should make that level of laxity the basis for an enforcement action.
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