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#83146 - 05/28/03 04:22 PM SAR
Anonymous
Unregistered

A customer brought in an item received through the mail that was labeled an "official check" drawn off a bank in Canada. The check was sent under the guise of an initial payment for lottery winnings and included wire instructions. Long story short, there apparently is an international phone/internet scam going on with these counterfeit checks being issued to the target victim. In this situation I believe we need to file an SAR, but are there any other additional contacts that we should make regarding this matter (Ex. FBI,FinCen)?

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#83147 - 05/28/03 04:36 PM Re: SAR
Deena Offline
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Deena
Joined: Nov 2000
Posts: 2,701
PA
Since no money was actually lost, I wouldn't file a SAR, but I would notify the U.S. Secret Service and/or the FBI.
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Opinions expressed are mine and not necessarily those of my employer.

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#83148 - 05/28/03 05:24 PM Re: SAR
Retired DQ Offline
10K Club
Retired DQ
Joined: Dec 2002
Posts: 40,766
Turnpike Exit 10
And don't forget the US Postal Inspector since it was received in the mail.
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Get your facts first, then you can distort them as you please. - Mark Twain

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#83149 - 05/28/03 06:12 PM Re: SAR
Anonymous
Unregistered

My understanding of filing SARs is that the loss of money is not necessarily a factor. If the financial institution suspects a criminal violation is committed or attempted against it, or a transaction conducted through it where the fi believes that it was either an actual or potential victim of a criminal violation an SAR should be filed.

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#83150 - 05/29/03 12:49 AM Re: SAR
Princess Romeo Offline

Power Poster
Princess Romeo
Joined: Jun 2001
Posts: 8,272
Where the heart is
Filing a SAR in this situation may depend on two things:
1. Do you really have a suspect identity?
2. If not, is the attemted transaction over $25,000?

If question #1 is "yes", and the amount is over $5,000, then you would need to file a SAR.

If question 1 is "no", and question #2 is "yes", then you would need to file a SAR.

If the answer to both questions is "No", then you would not be required to file a SAR.
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Regulations are a poor substitute for ethics.
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#83151 - 05/30/03 05:49 PM Re: SAR
Anonymous
Unregistered

You also might want to consider the Attorney Generals office of your state. AG's often place warnings in local newspapers of scams.

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#83152 - 05/30/03 08:12 PM Re: SAR
Deena Offline
Power Poster
Deena
Joined: Nov 2000
Posts: 2,701
PA
Quote:

My understanding of filing SARs is that the loss of money is not necessarily a factor. If the financial institution suspects a criminal violation is committed or attempted against it, or a transaction conducted through it where the fi believes that it was either an actual or potential victim of a criminal violation an SAR should be filed.




You are correct - a monetary loss is not a requirement; however, as you state, the suspected crime must have been committed or attempted against the bank or the transaction must have been conducted through the bank. In this case, my understanding was that the customer "brought in" the item, not that it was deposited or that the wire instructions were followed. I still don't think a SAR should be filed, but I do believe it's a good idea to notify the other agencies mentioned in the other posts.
_________________________
Opinions expressed are mine and not necessarily those of my employer.

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