A customer made a $9,800 cash withdrawal from his individual account at one of our branches (Not CTR reportable).
On the same day he made several ATM withdrawals totaling $500 an another Bank ATM. All of his cash withdrawals appear reportable on our reports today for $10,300. Although we know the customer recieved $10,300 in one day....$500 did not come from our bank. Does this appear more as structuring to possible evade CTR reporting and not CTR reportable??

A CTR is required. It would take some additional facts to make me suspect structuring; e.g. this customer has no history of multiple ATM withdrawals on the same day, for this amount, etc.

If these are all on the same business day you do need to file a CTR. You do not have a choice if he withdrew > $10,000 in one business day.

I would also file an SAR since he structured his transactions to avoid (even though he failed) reporting.

Ken, Are you saying even though the cusomer received only $9,800 from our bank...we have to file a CTR to report the additional cash the customer received from another bank's ATM located at (I'm told a Supermarket ATM)??? Please advise.

The funds came from his account at your bank. The other bank's ATM was merely the vehicle for delivery.

What she said...

I'm confused. How is using another bank's ATM different from going to another bank to cash a check for currency. We wouldn't report the cashed check. I've always been told that you report cash that crossed your counter. Another bank's ATM would be another bank's counter.

It sounds like you're suggesting that it's the ATM owner's responsibility to monitor and report CTRs when they aggregate over $10,000?

If your customer withdrew $11,000 from another bank by cashing a check, that's the other bank's responsibility to report. If your customer withdrew $10,000 from them then walked to the ATM in their lobby and took out $200, I'm certain there are very few banks if any that would report it, because they don't have the relevant information. Only the bank that owns the account can say whose card that was, and they were identified as the conductor of the transaction because of that bank's PIN.

Anyway, if these transactions appear on a cash report or are otherwise indicated to be cash in your system, I think you need to make a very clear explanation for why you don't either believe them to be cash or think that it's your responsibility to monitor, and hope that your examiner agrees.

If this was our customer, we'd complete the CTR.

Perfect timing for this question -- we just had the same thing happen! We are filing.

do you truly know he structured?
I agree if your cash reports show a total withdrawal from account at $10,300.00 then it requires a CTR

If this is an isolated incident for the customer I would contact them to find out if there is an explanation for the $9,800. It's possible that the customer structured, but you won't know unless you ask about the purpose of the withdrawal and why he/she also made withdrawals at an ATM. Is this a joint account? Do you know for sure that the same person made the withdrawals?

I would have someone contact the customer and depending on the circumstances, provide the FinCEN CTR Reference Guide.