Skip to content
BOL Conferences
Thread Options
#1845799 - 08/26/13 03:13 PM SAR Supporting documentation
BSAAnonymous Offline
100 Club
Joined: Feb 2012
Posts: 165
Does a district attorney have the power to request supporting documentation for a SAR?

Return to Top
BSA/AML/CIP/OFAC Forum
#1845880 - 08/26/13 05:01 PM Re: SAR Supporting documentation BSAAnonymous
rlcarey Online
10K Club
rlcarey
Joined: Jul 2001
Posts: 83,363
Galveston, TX
They are law enforcement.

Examples of agencies to which a SAR or the information contained therein could be provided include: the criminal investigative services of the armed forces; the Bureau of Alcohol, Tobacco, and Firearms; an attorney general, district attorney, or state’s attorney at the state or local level; the Drug Enforcement Administration; the Federal Bureau of Investigation; the Internal Revenue Service or tax enforcement agencies at the state level; the Office of Foreign Assets Control; a state or local police department; a United States Attorney’s Office; Immigration and Customs Enforcement; the U.S. Postal Inspection Service; and the U.S. Secret Service. For additional information, refer to Bank Secrecy Act Advisory Group, “Section 5—Issues and Guidance,” The SAR Activity Review—Trends, Tips & Issues, Issue 9, October 2005, page 44 at www.fincen.gov.
_________________________
The opinions expressed here should not be construed to be those of my employer: PPDocs.com

Return to Top
#1847795 - 08/30/13 04:52 PM Re: SAR Supporting documentation BSAAnonymous
girlsrope2 Offline
100 Club
girlsrope2
Joined: Sep 2006
Posts: 114
Land of Capitalism
What about the state adult protective services group?
_________________________
Punishment and recovery are so rare--prevention is the only viable course of action. --Frank Abagnale

Return to Top
#1847796 - 08/30/13 04:58 PM Re: SAR Supporting documentation BSAAnonymous
rlcarey Online
10K Club
rlcarey
Joined: Jul 2001
Posts: 83,363
Galveston, TX
It would depend on whether they are law enforcement or social services. Do officers of the state adult protective services group have the power to arrest people?
_________________________
The opinions expressed here should not be construed to be those of my employer: PPDocs.com

Return to Top
#1847798 - 08/30/13 05:00 PM Re: SAR Supporting documentation BSAAnonymous
girlsrope2 Offline
100 Club
girlsrope2
Joined: Sep 2006
Posts: 114
Land of Capitalism
Not to my knowledge, but neither does at attorney general, district attorney, OFAC or the post office. Try another theory.
_________________________
Punishment and recovery are so rare--prevention is the only viable course of action. --Frank Abagnale

Return to Top
#1847800 - 08/30/13 05:05 PM Re: SAR Supporting documentation girlsrope2
Elwood P. Dowd Offline
10K Club
Elwood P. Dowd
Joined: Aug 2001
Posts: 21,939
Next to Harvey
Quote:
Try another theory.


How do you mean that?
_________________________
In this world you must be oh so smart or oh so pleasant. Well, for years I was smart. I recommend pleasant.

Return to Top
#1847801 - 08/30/13 05:07 PM Re: SAR Supporting documentation BSAAnonymous
girlsrope2 Offline
100 Club
girlsrope2
Joined: Sep 2006
Posts: 114
Land of Capitalism
The SAR Activity Review—Trends, Tips & Issues, Issue 9, October 2005, page 44 says:

Generally, an “appropriate law enforcement agency”
is any agency that has jurisdiction under federal or state law to investigate or prosecute any person or entity involved in the transaction reported on the Suspicious Activity Report.

Because this issue was written priort to the directive on elder financial exploitation, would it not be reasonable that an state adult protective services group would have the ability to investigate and/or prosecute persons involved in the SAR?
_________________________
Punishment and recovery are so rare--prevention is the only viable course of action. --Frank Abagnale

Return to Top
#1847802 - 08/30/13 05:09 PM Re: SAR Supporting documentation BSAAnonymous
rlcarey Online
10K Club
rlcarey
Joined: Jul 2001
Posts: 83,363
Galveston, TX
OK - arrest and/or prosecute.

If all they can do is report to another law enforcement agency to actually act, then they are a social services group and not law enforcement.
_________________________
The opinions expressed here should not be construed to be those of my employer: PPDocs.com

Return to Top
#1847806 - 08/30/13 05:15 PM Re: SAR Supporting documentation girlsrope2
Elwood P. Dowd Offline
10K Club
Elwood P. Dowd
Joined: Aug 2001
Posts: 21,939
Next to Harvey
The answer will be found in the laws of your state. In mine, the state's social services people have the power to investigate, but they do not even have the power to subpoena documents and certainly do not have the power to arrest or prosecute. If they believe a case for some type of fraud exists they bring it to the attention of the local authorities.
_________________________
In this world you must be oh so smart or oh so pleasant. Well, for years I was smart. I recommend pleasant.

Return to Top
#1848067 - 08/31/13 02:09 PM Re: SAR Supporting documentation Elwood P. Dowd
Retread Offline
Power Poster
Retread
Joined: Oct 2003
Posts: 2,548
Southeast
girlsrope2, as with many federal agencies, the state agency may have an OIG that does have law enforcement authority. You just need to check it out.
_________________________
Politicians are like diapers. They need to be changed often and for the same reason.

Return to Top

Moderator:  Andy_Z