March 27, 2011
Re: U.S. vs. Coffman, 3.07.11
Dear Judge Caldwell,
In the decision referenced above you inserted a direct quote from a Suspicious Activity Report (SAR) filed by a Kentucky bank. You identified the bank. You gratuitously identified the bank employee who signed it.
The USA PATIROT ACT made the unauthorized disclosure of SARs by government employees a violation of federal law. Both civil and criminal penalties may be imposed for SAR disclosure violations. Violations may be enforced through civil penalties of up to $100,000 for each violation and criminal penalties of up to $250,000 and/or imprisonment not to exceed five years.
Enclosed are 1) an additional copy of this letter and 2) two copies of FIN-2010-A014. The FinCEN pronouncement explains recent revisions of the regulation detailing the prohibition on SAR disclosures. I respectfully ask that you forward the extra copy of this letter and the FinCEN pronouncement to the prosecutor who apparently entered the SAR or evidence that the SAR existed into the public record.
If there were no legal prohibition against disclosing Suspicious Activity Reports, it could be said that the both of you merely acted irresponsibly…
Sincerely,
Kenneth W. Golliher
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In this world you must be oh so smart or oh so pleasant. Well, for years I was smart. I recommend pleasant.