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#1764899 - 12/06/12 10:45 PM Should SAR be filed.
CrashDavis Offline
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Customer who is a farmer opened a savings account and dthe opening deposit was $9,000 in cash. Two days later came back to bank and deposited another $9,000.00 This has been the only activity in the acount over the past month. Do not know where cash came from. Should a SAR be Filed for structuring?

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#1764969 - 12/07/12 01:31 PM Re: Should SAR be filed. CrashDavis
Damon Offline
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Posts: 83
Texas
It could be structuring. A lot of times you want to see a pattern, however stand alone flagrant events could trigger a SAR as well. I am more conservative and would really consider filing, especially not knowing the source of wealth.

The other option is to monitor them for a while and look for any other red flags. Did they say anything to the teller staff to indicate a reluctance to file any reporting on their transactions, did they act funny, make small talk about where the money came from? Any of those things can also help give you an idea as to what is going on.

Belive it or not, tellers are nosy and often have more details then they often share with us on the back office side. At least I have personally seen that no matter where I have been. A lot of times they (tellers) may not realize that small details and side conversations can really give you better direction when reviewing some of these "on the fence" kind of transactions.

Are you protected by filing a SAR in this case? Yes, just make sure to be consistent in approach if others do this same thing as examiners/auditors like to look for consistency. You are also well within your rights to monitor it to look for a pattern of activity. One time occurrences could be coincidence as well.

I have filed on similar activity, especially if it is a high risk account or there are other red flags. If you really just have this transaction event (two trans in two days) you may feel that monitoring to see if a pattern develops is the right way to go. Either should work well as long as you document your approach and thoughts behind your decision. Not every case is cut and dry. I know this is not the "yes file" or "no, don't file" short answer, but hopefully gives you some additional things to consider. You can be protected either way as long as you can justify what you did and your methodology behind it.

smile
Last edited by Damon; 12/07/12 01:34 PM.
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#1766347 - 12/12/12 01:25 AM Re: Should SAR be filed. CrashDavis
MagicCity Offline

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I would file on a single scenario like this.
I would hesitate if it was a business account, such as a used car dealer who may have had two sales in that amount, in two days.
But not for a farmer with a savings account.

Damon's last sentence is key though - "You can be protected either way as long as you can justify what you did and your methodology behind it."

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#1766672 - 12/12/12 05:19 PM Re: Should SAR be filed. CrashDavis
NU Rhules Offline
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The farmer could have just sold two tractors. Sorry, I'm sensitive, as I live in the middle of Corn country. I would not file due to the lack of trend data. Watch him for a time as you would do during your Customer Due Diligence reviews.
People sell stuff and don't like the cash accumulating. I could argue that 5 day's worth of deposits for $9,000 each is not structuring, if the money accumulation was explainable. You don't know where the money came from and so you are left wondering. Watch for a time period and document it (as Damon said).

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#1766678 - 12/12/12 05:24 PM Re: Should SAR be filed. CrashDavis
rlcarey Online
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You don't know where the money came from and so you are left wondering.

Which means you have suspicion. Seeing how this is a new account, the regulators, to use a farm anology, will be on this like flies on you know what. File and be done with it.
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#1766691 - 12/12/12 05:39 PM Re: Should SAR be filed. CrashDavis
edAudit Offline
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You are here
Did anyone bother to ask the customer?
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#1766764 - 12/12/12 06:51 PM Re: Should SAR be filed. CrashDavis
CrashDavis Offline
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I found out after I posted this question in talking with the branch manager, the father opened the account for his son(the son works for the father). According to the branch manager the father wanted to open the account so his son could establish credit so he could borrow money. I question that in that the son has another account with another bank and paid his father for supplies and the amount was very sizeable. Also I learned the father's farm business has filed bankruptcy. I believe the father was moving money to avoid bankruptcy taking the money. Another question should I put this info in the SAR.

Thanks for your help.

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#1766780 - 12/12/12 07:05 PM Re: Should SAR be filed. CrashDavis
MagicCity Offline

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I would include whatever information/knowledge you have, but use phrases like "it would appear", or "from conversations with the Account Officer" etc., so you are not stating anything that you are not 100% of, as fact.
Good luck.

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#1766830 - 12/12/12 08:02 PM Re: Should SAR be filed. CrashDavis
rlcarey Online
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How can a father open an account for the son?
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#1766858 - 12/12/12 08:39 PM Re: Should SAR be filed. CrashDavis
CrashDavis Offline
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The father wanted his son to have an savings and told the bank to open the account. The bank got the paperwork prepared and the son came in and signed the papers. The father provided the cash.

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#1766860 - 12/12/12 08:40 PM Re: Should SAR be filed. CrashDavis
rlcarey Online
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I would include all information, including information on the son that may be aiding and abetting bankruptcy fraud.
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#1766867 - 12/12/12 08:46 PM Re: Should SAR be filed. CrashDavis
CrashDavis Offline
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That is what I thought but wanted opinions. Thought I could do this but wanted to be sure. I did not like what I saw in my review. Thanks for your help.

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