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#782872 - 07/25/07 08:03 PM contacting law enforcement question
nemsi Offline
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Joined: Nov 2005
Posts: 383
We very recently filed a SAR- last week. We do not file electronically so I assume that it takes time for the SAR to be available to law enforcement through the Gateway program-right? On the same day we filed there was an arrest and there is currently an investigation- per a news article. I believe there is information in the SAR that would be helpful in the investigation. I know that we are "strongly encouraged to notify law enforcement" but I just can't get my mind around how this will work? Do we contact the detective identified in the news article? What exactly do we say to the person we contact? Would someone, who has done this, help me get a better idea of what the conversation with the detective will sound like? I would appreciate any help on this.

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#782909 - 07/25/07 08:19 PM Re: contacting law enforcement question nemsi
Elwood P. Dowd Offline
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Elwood P. Dowd
Joined: Aug 2001
Posts: 21,939
Next to Harvey
Quote:
We do not file electronically so I assume that it takes time for the SAR to be available to law enforcement through the Gateway program-right?


From the last credible explanation I heard, it may be 5 - 7 weeks before a SAR filed on paper is accessible electronically via the Gateway mechanism. (Yet another argument for filing electronically.)

Since you filed the SAR, you have the safe harbor in terms of relevant disclosures to law enforcement. Regardless of what you are encouraged to do, you should discuss the issue with your bank's legal counsel. Since you used the term "detective," I assume state or local law enforcement is conducting the investigation. Your attorney will be able to say whether there is a state statute that expressly authorizes the disclosure to them. If there is not, it's more of a judgment call.

Acknowledging my prejudices, I have no confidence in the discretion of local law enforcement; I think SAR confidentiality would mean a lot more to me than it does to them. Your attorney's advice should control here, but I would be willing to make the disclosure to the prosecuting attorney assigned to the case. I suggest that your bank's attorney be the one to do the talking if that's the path you take. He or she might ask the prosecutor to subpoena the supporting documentation from the bank. (I understand a subpeona is not required, but if the documents show up as evidence and there was no subpoena any defense attorney capable of finding the court house will back into the fact that a SAR must have been filed.)
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#782961 - 07/25/07 08:37 PM Re: contacting law enforcement question Elwood P. Dowd
nemsi Offline
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Joined: Nov 2005
Posts: 383
Thanks Ken. The investigation is into the suspected criminal activity and the individual arrested- our bank is not involved in an investigation. The transactions processed through our bank could be linked to the alleged criminal activity. The detective is with a small town sheriff's office and I am concerned about contacting them. I will contact the bank's legal counsel on this one. Thanks again for your response.
Hopefully we will be filing electronically soon.

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