Thanks Randy, I missed that.
sra - the exam manual generally instructs that a bank should not be criticized for individual SAR filing decisions, and if you don't believe it's suspicious or illegal then you don't need to file. What they could do is use this decision to determine if there's something systemic if they strongly disagree, or otherwise criticize your process. If you don't file you need to clearly document your decision, which I would think includes why you don't believe this to be structuring. Remember, the legitimacy of the source/use of funds can be independent of they're avoidance of reporting limits.
If you think your customer is doing this in this pattern for any reason other than to avoid BSA reporting, state that. Otherwise, structuring is a crime and you're required to report it. From the exam manual you must file on:
Transactions conducted or attempted by, at, or through the bank (or an affiliate) and aggregating $5,000 or more, if the bank or affiliate knows, suspects, or has reason to suspect that the transaction:
...
Is designed to evade the BSA or its implementing regulations.
Last edited by ColoradoAML; 01/10/19 06:49 PM.