Any one can be sued for just about anything. The safe harbor will protect the bank and the BSA Officer. I would alert your primary regulator as well as FinCen to your response. As far as I'm aware, a bank (or an employee of a bank) can neither confirm nor deny the existence of a SAR.

My question would be as to how they have that SAR....

Unfortunately, the bulwarks against disclosure of SARs have sprung a lot of leaks.

If it wasn't filed though, was it disclosed to someone somehow by Bank staff?

Also, don't assume they know about any subsequent SAR's. Many times attorneys like to go on fishing expeditions for information. Be very careful what you say should this farce actually precede.

Who is the subpoena from and what is it requesting??

I wasn't assuming anything, I was just asking how the work product for a SAR got outside the Bank.

What was the SAR attached to the subpoena? You say it wasn't the original. Was it just a blank SAR form or was it a copy of a previously filed SAR?

The SAR in itself is not some big secret. You can find a blank form online. You can also research things on the FinCEN site and find out SAR requirements, procedures, etc. So anyone can obtain that information easily.

If you can maybe provide more info, I'd be glad to answer any questions. I had worked with law enforcement and federal agencies on several investigations that were started by a SAR that I'd filed. I've received subpoenas, etc. I'm just not 100% sure what your situation is and what you are asking.

The subpeonas that I've gotten for SAR filings have been from the FBI. They know the SAR has been filed and have access to these on line, so why is it such a secret that I can't mention it when they have a copy and I have a copy?

My statement wasn't regarding law enforcement Nem. You're correct in that you can confirm the existence of a SAR to LE. I was referencing the attorney who submitted the subpoena to the bank. Based on the original post, I assumed this attorney represented the individual or entity the SAR was filed on and was not associated with LE in any way.

My understanding was that the SAR that was included with the subpoena wasn't the filed SAR, which indicated to me it was work product. I don't file SARs that aren't complete (and I don't know anyone that does), so how did someone get a copy of an incomplete SAR? If my understanding is correct, then something seems fishy...

ACBbank & Oldteller, thanks. I went back and read the posting. The first time I read it my mind immediately went to the subpoenas I had dealt with and I was concerned about some of my conversations with LE.
Thanks again.

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You need to involve the bank's attorney, FINCEN and your primary federal regulator. Do not attempt to deal with this without those parties.

The first question our GC will ask is 'how did they get that work product SAR' If it was indeed just work product, that question definitely needs to be answered before reaching out to anyone, as the GC would then need to do damage control with FINCEN et. al, in addition to dealing with that subpoena.

If the SAR was not just work product, I agree with Kathleen.