If during a request for supporting documentation, the law enforcement authority asks if we have anything on someone we mention in the narrative (we didn't name this person as a suspect but we mentioned them in the narrative due to their possible involvement in the activity), can we answer this question? I assume they are asking if we have filed a SAR on the individual.

Rather than assume, I suggest asking them exactly what information they are requesting. If the information falls within the scope of your supporting documentation, you may provide it. If it doesn't, then ask for a warrant or subpoena.

Another question on how best to handle the situation.

The officer is requesting supporting docs on a SAR filed ealier in the year. We recently filed a supplemental SAR for continued activity. Can I tell the officer that we have filed a more recent SAR? If so, I'm sure they would also want the supporting documentation which I could then provide.

I'd provide LE with all supporting documentation including the on-going filing of SARs in chronological order.

Example: if 2 SARs have been filed for John Doe for wire fraud and you filed 1 SAR for structuring for the same John Doe, I'd give LE all three.

It is my understanding that SAR information cannot be released without a grand jury subpoena. Is this correct?

No one can subpoena a SAR.

Sometimes Law Enforcement is months behind when you first filed a SAR - as long as you've filed, you have safe harbor to share. Absolutely tell them you have more recent information.

I've also filed supplemental SARs to "catch them up" to more recent activity - even if it's between the 90 days.

Thanks for the input you all have provided. I just needed confirmation I was on the right track before moving foward.

Hmmm..??? I'm confused, how does law enforcement get their hands on a SAR if they can't with a subpoena?

They get it from the SAR database, or you give it to them.

http://www.fincen.gov/statutes_regs/guidance/pdf/Supporting_Documentation_Guidance.pdf

No. You can release SAR information to law enforcement if they are inquiring about a particular SAR filed. You can provide them the supporting documentation.

According to recent FinCen statments and my call to them LE does not need a subpoena.


just my opinion for what it is worth

To clarify,

If LE asks for information not included in your SAR narrative or supporting documentation - then a subpoena is required.

This is why I file supplemental SARs to include what they're looking for.