Hi -

If we receive a Criminal subpoena - does that trigger a SAR filing for us?

Thanks!

It triggers a relationship review and based upon the review, you determine if there is suspicious activity which you would file based upon normal SAR filing.

No mention of a subpoena if file a SAR


FFIEC BSA/AML Assessing Compliance with BSA Regulatory Requirements - Suspicious Activity Reporting <https://bsaaml.ffiec.gov/manual/AssessingComplianceWithBSARegulatoryRequirements/04>

as JennKK2 said if you do find suspicious activity during your review you can not mention in the SAR narrative that you received a subpoena which prompted your review.

"The bank should determine whether a SAR should be filed based on all customer information available. Due to the confidentiality of grand jury proceedings, if a bank files a SAR after receiving a grand jury subpoena, law enforcement discourages banks from including any reference to the receipt or existence of the grand jury subpoena in the SAR."

When they say "discourages" does that mean there are circumstances that may warrant bringing it up or is it just loose wording to say don't do something?

Good question, I've always interpreted it to mean they are saying don't include it in the SAR narrative since I have been unable to think of any situation where including it would be appropriate.