We have received a grand jury subpoena from the Dept of Justice on someone we filed a SAR on, however the subpoena doesn't appear to be based on that fact. But within the subpoena, they ae asking for any SARs filed. Do we give them the SARs and backup documentation as requested? I'm thinking no, because it sounds as if they are not aware of the SARs being filed. Does someone have the correct answer to this?

previous thread.

http://www.bankersonline.com/forum/ubbth...true#Post803003

short answer ... Yes you can give them the SARs & Docs. :o)

Examples of agencies to which a SAR or the information contained therein could be provided include: the criminal investigative services of the armed forces; the Bureau of Alcohol, Tobacco, and Firearms; an attorney general, district attorney, or state’s attorney at the state or local level; the Drug Enforcement Administration; the Federal Bureau of Investigation; the Internal Revenue Service or tax enforcement agencies at the state level; the Office of Foreign Assets Control; a state or local police department; a United States Attorney’s Office; Immigration and Customs Enforcement; the U.S. Postal Inspection Service; and the U.S. Secret Service. For additional information, refer to Bank Secrecy Act Advisory Group, “Section 5—Issues and Guidance,” The SAR Activity Review—Trends, Tips & Issues, Issue 9, October 2005, page 44 at http://www.fincen.gov.

What about an IRS Financial Information Summons that asks for any SARs filed on the subject individual?

has to be a "grand jury subpoena" from what I understand.

May have to contact your regulator for guidance on an "information summons".

Just because it appears they aren't aware of any SARs, doesn't truly mean that they aren't. For what its worth, if its a grand jury subpoena you should provide them with everything they request.

As far as the supporting documentation to the SAR- if they didn't ask for that, I wouldn't provide that. Only provide what is asked for in the subpoena.




I don't believe it has to be a grand juy subpoena to provide law enforcement with information regarding a SAR. If you read the footnote on page 70 of the exam manual, which you quoted it covers a lot of bases. If they call requesting information regarding a SAR, I provide it. From what I understand, it is allowed. However, if they call and ask if there have been SARs filed on a particular individual, that is a different story. So, I guess the key is if they contact you and they know a SAR has been filed, follow the footnote. If not, don't disclose.

Another question along this line:
The IRS Criminal Investigation Division has requested a copy of a SAR and they have specific information on that filing. After I have provided that information, they are now asking for any recent filings and supporting documentation.

They knew about the first so is it OK to give them the most recent without them having specifics such as file date and total amount?

Yes. As long as you have already mailed it in to FinCEN & all the supporting docs you give them are related the recent filing.

Thanks! That was my first thought but since OCC Examiners just left here I am still reeling from the 2 weeks of stress we had to endure.