Mother is in the nursing home. Son is an authorized signer on the account and has been taking money out of the ATM on a regular basis. Mom became overdrawn and when called she said that she did give "the kids" permission to use some of her money but was surprised that they took so much. We have received a subpoena now from the State Health & Human Services. When filing a SAR, do I put the Victim's name or the son?

You never put a victim's name anywhere on a SAR, unless it is in the narrative. They are not a subject. Plus - the SAR event was when she told you that not when you received the subpoena.

So the son is who is on the form.

The son is the subject. The mother is the victim. As indicated, if it is necessary to identify to provide identifying information on the victim, it is done in the narrative.

While a SAR filing may be required, it will not do anything to alleviate the situation because there is no federal agency with jurisdiction to pursue the matter. Your aggressive cooperation with the state is your customer's best hope.

Scenario:

Phone scammers have targeted elderly bank customer. Elderly customer had intentions to transact on bank accounts, but this was stopped by bank after questioning. Bank has little to no knowledge of suspect, other than phone number and information that was falsely provided by them to customer.

We have no subject (suspect), and no funds moved.

Should a SAR still get filed?

SARs are based on the amount of transactions attempted through the institution regardless of whether or not the funds actually moved. If we have not identified a subject, the filing threshold is $25,000. If we have identified a subject, the filing threshold is $5,000.

If the customer attempted to withdraw, wire, etc. over the applicable threshold, then file the SAR. Remember your customer is likely not the only person the fraudsters contacted, so even a SAR filed with the false information and the phone number may assist law enforcement in connecting the dots to similar occurrences.

Can I ask a follow up question would the State of Illinois Department of Aging along with Western Illinois Area Agency on Aging be considered Law Enforcement when filing a SAR? I have talked to people at the Attorney General's office so I know I need to list them, but the two I'm questioning, I'm on the fence. Thanks for any clarification.

I don't think so, looks like they have to refer issues to law enforcement based on this document.

https://www2.illinois.gov/aging/Resources/Documents/StatePlanOnAging.pdf

Thank you, that never crossed my mind to look at their site.