One of our recycling businesses sends an employee to cash checks for the business. They are endorsed by the boss and then again by the "runner" who is there to cash the check. This is an arrangement made between the branch and the business (cringe......) Anyway, the young man cashed a check that exceeds $10000 and the teller gathers the necessary information from the runner for completion of the CTR. It arrives here in compliance and while verifying the CTR I happen to look at the copy of his SS card.... doesn't anyone out there actually look at stuff!!!! His classic hispanic name is mis-spelled to include a W where it does not belong and the thing looks to be typed on an old typewriter. Ummmm, investigation shows that the number belongs to a deceased individual. Here is the question, "to SAR of not to SAR" Does this qualify as identity theft? Curious about how others would handle this...

I would file a SAR for identity theft. I'd list him as the suspect and I would also give any and all information as I could about the business in the narrative.

Yes. One of the largest round-ups of undocumented workers (aka illegal aliens) I've seen in recent years was triggered by a women who was acting on behalf of her deceased brother. His SSN was used by another person after he died and she got mad.

To me it's more about an attempt to cause to you file a CTR that is incorrect or incomplete...a crime all by itself. Examiners and auditors will not accept your bank's apparent belief that the branch is a fiefdom that gets to make its own rules...

I think 'U' would be the correct option in my opinion. Criteria for selecting Identity Theft (U) is:

A person who knowingly transfers or uses, without lawful authority, a means of identification of another person with the intent to commit, or to aid or abet, any unlawful activity that constitutes a violation of Federal law, or that constitutes a felony under applicable state or local law.

It seems to me as though that would best fit your case, assuming your suspicion is that he is violating federal immigration laws as the predicate.

I would also have a conversation with the business owner about the fact that he is sending an undocumented worker to conduct transactions for the business at your bank.

Perhaps it's a good thing they're not in Arizona. Sheriff Joe could tell the employer for them!

I agree with the previous posters that you should file a SAR, but I'm just curious as to why you even had a photocopy of the guy's SS card?

We also keep copies of any ID used to complete CTRs involving non-customers. Helps to resolve 'mismatches' that arise.

'but I'm just curious as to why you even had a photocopy of the guy's SS card?'

The tellers usually do make copies of the docs they use for the CTRs and sometimes they send them along with the CTRs for me to verify. We did inform the "boss" at the business and she did say she would talk to the head office about it. I don't think the guy works there anymore!

I don't think I like that, but then again that's your policy, not mine. How do you handle privacy issues with retaining photocopies of personal info of non-customers?

I know I would decline if a random teller at a place I didn't bank at went to photocopy my SSN card and/or DL - especially if I were making a deposit on behalf of my employer (which I have done in the past).

Thanks for clarifying.

Copies of SS card/DL etc are kept with our CTRs that we retain in the compliance department, so the privicy issues are the same as our other BSA related files. And if the customer balks at the photocopy then the tellers can simply note the information on a piece of paper, which of course follows the same trail as the photo copy would. If the customer doesn't want to provide his ID and SSN, one way or another, he is welcome to go down the street. I guess I don't see the issue with privacy issues since we have to collect and retain the information anyway? What am I missing?

I don't think you're missing anything and I certainly didn't mean to imply that you were doing anything wrong.



We're talking about non-customers though, right? In the case of an employee making a deposit on behalf of his employer, he does not have the option of going down the street to another bank. Obviously that's different than someone trying to cash a check and objecting to giving personal info. An employee on an errand can't really do that.

I'm just saying that, in light of all the "identity theft" and privacy scares out there, I would be uncomfortable, while making a transaction on behalf of my employer, letting a random teller make photocopies of my personal information. Especially if I was more than cooperative and gave her my personal info to fill out the CTR. I've had to do that numerous times and never had a problem. I would draw the line though at the teller taking my SSN card and DL and going to a photocopy machine in the backroom to make copies.

I am just playing devil's advocate here, that's all.

I thought maybe the Devil's Advocate thing was in play here, but being relatively new to compliance in comparason to others I got a bit concerned that I had a new can of worms to deal with.

If it makes you feel any better, the copier is at least on the teller line in full view. I do understand the reluctance to share personal information (my previous incarnation was as a Teller Supervisor) and normally the tellers do a pretty good job of being sensitive to that. But they also know that BSA has teeth and they had better get it fight the first time!!!! It isn't a policy to make the copy, but most tellers do it to cover their bottoms.

...and what if you do the CTR and it comes back that the SSN was incorrect - had that happen more with typos in the pre-electronic filing days, but it could still happen. If we had a copy of the SSN card and D/L we could tell if the incorrect number was intentional or not.