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#383922 - 07/11/05 03:28 PM DEA Phone Call
Anonymous
Unregistered

I just received a call from someone claiming to be from the DEA. He says he wants some info about a SAR I filed. I don't think I should even return the call. Doesn't he need court documents.

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#383923 - 07/11/05 03:31 PM Re: DEA Phone Call
DeeQ Offline
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Turnpike Exit 10
He has the ability to obtain the copies on his own.
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#383924 - 07/11/05 03:45 PM Re: DEA Phone Call
John Burnett Offline
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John Burnett
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You don't know enough to know whether the call was legitimate. The DEA has access to the SAR you filed, but may want to view documents in your SAR file that you used in completing the SAR. That is their right, assuming the agent that visits you can document his/her identity and authority. No court document is needed in such cases.

I suggest you return the call and ask for specifics. Without confirming whether or not you filed the SAR, you can determine the purpose of the call. If it appears to be genuine, you should make an appointment for the agent to visit the bank, present identification, and review the SAR file. This should be done by whoever in your organization is responsible for coordinating your SAR filings, who presumably knows where the limits of the agent's authority to view information extend. If the agent wishes to see anything outside the SAR file, he or she will have to comply with the RFPA.
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#383925 - 07/11/05 04:17 PM Re: DEA Phone Call
Anonymous
Unregistered

Can they obtain copies of the what is in the file. And where do I find in writing that they have the right to come in and review the file.

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#383926 - 07/11/05 04:57 PM Re: DEA Phone Call
Kathleen O. Blanchard Offline

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We have been contacted by DEA and numerous other agencies after filing SARs. We generally ask for their name and call back at a central number to confirm their identity. We advise that they can see backup info for the SAR (as allowed by the Patriot Act) and anything else they will need a subpoena. It has never been a problem. If they want more they get a subpoena or bring one with them if they are coming in to see us.
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#383927 - 07/11/05 05:23 PM Re: DEA Phone Call
Andy_Z Offline
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Kaybee is doing what I'd also recommend. They can see the supportive data that goes to a SAR, but they cannot get more. A subsequent SAR may include more material available to them, reviewable without a subpoena. But again, info not supporting a SAR should not be available without the legal hoops being jumped through. Do this and you may hurt the investigation and yourself.
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#383928 - 07/11/05 07:30 PM Re: DEA Phone Call
Ucan'tdothat Offline
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Ucan'tdothat
Joined: Feb 2004
Posts: 92
Miami
It is my understnaind that when a bank files a SAR, the supporting documentation mentioned in the narrative section becomes part of the SAR. The bank is just holding the support for law enforcement until they need it. That is why I believe that law enforcement does not need a legal demand to request the support as it is part of the SAR already filed. I ask for the request in wiritng just to make it offical.

I usually do what others mention. I identify that it is a real request by calling the law officer back via a main number and also assure that he/she has some details about the SAR. Then we give them the support.

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#383929 - 07/12/05 12:53 PM Re: DEA Phone Call
Anonymous
Unregistered

I am being asked to mail the copies can I do this?

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#383930 - 07/12/05 11:40 PM Re: DEA Phone Call
Anonymous
Unregistered

Yes, you can mail them to the agent.

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#383931 - 07/13/05 01:33 PM Re: DEA Phone Call
Anonymous
Unregistered

The agent sent me a fax requesting that I mail the infomration, but it was not on letterhead and it did not have the fax information on top where you see where it is coming from. When I called the agent asking for more verification, he was a bit upset and stated that he had never had any problems with any other banks before.

I made a phone call to the main number and verified that she was an agent there. Did I do right or was I being way too cautious.

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#383932 - 07/13/05 02:52 PM Re: DEA Phone Call
Princess Romeo Offline

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Where the heart is
You can never be too cautious. I can't believe the agent did not use letterhead to send the request. I would hold firm and insist that the request be on official department letterhead.

If the agent has a problem with that, tell her you would be happy to discuss the situation in a conference call with her supervisor because you cannot simply turn over confidential documents to anyone who insists that you do so. Explain to her that your bank has policies and procedures that it must follow to maintain proper confidentiality, just as her agency must have policies and procedures that must be followed to maintain the integrity of its investigations.
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