I reviewed an account today to determine if they are a MSB. I found two checks in the past three months of statements where they had a check deposited to the business account. The check was payable to cash and was on the owner's personal account. Would you consider this a MSB. There were no other customer's he was cashing checks for over $1,000.00

Thanks in advance for your help.

I'm slightly confused as to the situation you are describing, but I'll take a stab at this. If I am understanding the situation, in the past three months only 2 checks over $1,000 have been deposited to this account and both were from the owner's personal account. It sounds to me like the owner is transfering money to the business account, possibly to cover more expenses than the business itself can cover. Hope this helps.

could it be that they "cashed" the check at the business?

(you know, like took cash out of the petty cash or something, and replaced it with a personal check)

I would not consider this as "MSB activity". Hopefully, an examiner would agree.

I also would not consider this MSB activity, and I believe that was addressed in some of the follow-up guidance that was issued last year.

I would ask the customer to explain the nature of these transactions--did he cash his own personal checks or make a little personal capital injection into the business. If he cashed the checks, it is time to have the "MSB" discussion; if not, case closed.

I would not even ask the customer about it.
It is a non event I think.