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#1728318 - 08/07/12 08:38 PM
Re: SAR Game - Name that suspect....
CompliKat
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Gold Star
Joined: Nov 2011
Posts: 402
USA
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Personally, I would list all parties in this scenario and describe all of the information in your narrative.
Does Ms. Z typically bring in cash deposits? Or is this an isolated event because of the purchase of another property? Has everything been "normal" up to this point?
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#1728507 - 08/08/12 02:06 PM
Re: SAR Game - Name that suspect....
CompliKat
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10K Club
Joined: Oct 2000
Posts: 40,086
Cape Cod
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I don't think I'd list Z as a suspect. She's a courier, and you don't seem to think she's complicit. If anything, she'd get a mention in the narrative.
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John S. Burnett BankersOnline.com Fighting for Compliance since 1976 Bankers' Threads User #8
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#1728703 - 08/08/12 05:06 PM
Re: SAR Game - Name that suspect....
CompliKat
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Power Poster
Joined: Oct 2003
Posts: 2,548
Southeast
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I think I would list all of the parties. Remember, this is a suspicious activity report, not a confirmed illegal activity report. Also, there is nothing wrong with saying that the handwriting looked similar. We do it all the time. Again, you are not providing expertise in handwriting analysis, you are only stating an opinion and a suspicion. See this from FinCEN where handwriting similarities is mentioned. From a SAR Review
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#1728762 - 08/08/12 05:36 PM
Re: SAR Game - Name that suspect....
CompliKat
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Member
Joined: Dec 2009
Posts: 96
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Retread, when you say "list all of the parties" are you meaning as suspects or in the narrative.
The initial posting includes what I "know" and what I suspect based on the historical patterns I gleaned from branch staff etc. My SAR Committee is being very cautious about pointing fingers and would like proof and supportive guidance in writing.
Rant warning: FYI my original narrative included mention of all parties and their involvement (X, XYZ LLC, Y, and Z)and using the new FincenSar I listed XYZ LLC, an entity, as the subject. I honestly cannot imagine where to go with this one at this point and my head is getting sore from thinking it to death. As for some guidance that says "if a company is involved you must include all principal and beneficial owners... or you must include all conductors as suspects... or the lady in the office who fills out the deposit slips must be included.." I just can't seem to find it. It is not as simple as filing a CTR, beneficiary here - conductor here blah blah blah.... Facts on one hand suspicion on the other, apples and pomegranates, diamonds and sandstone; steak and tofu....
Ok sorry bout that, and thanks!
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#1728822 - 08/08/12 06:25 PM
Re: SAR Game - Name that suspect....
CompliKat
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Power Poster
Joined: Oct 2003
Posts: 2,548
Southeast
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I don't think there is any real guidance out there on who to list as suspects. In the end, law enforcement will decide if and when they decide to bring charges. We just list as suspects anybody who is involved in the activity in any way, shape or form. If it's a business, we list all signers and anybody else who appears to be involved. Law enforcement can sort it out in their investigation. Again, you are reporting your suspicions, not hard provable facts.
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#1728841 - 08/08/12 06:40 PM
Re: SAR Game - Name that suspect....
CompliKat
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Gold Star
Joined: Nov 2011
Posts: 402
USA
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I had a similar situation very recently. A man was coming in making deposits to a business account (as payment for leasing a building). He was not an owner in the business or a signer on the account, simply making deposits.
The man was obviously structuring deposits - because of a misunderstanding of the CTR reporting threshold. He must have thought that he can't make a $10,000 cash deposit, because he was splitting the deposits into two (and sometimes three) transactions on the same or consecutive days. But it was only a $10K deposit (not over $10k). His transaction wouldn't have required a CTR, but now since he was trying to avoid what he THOUGHT was a reportable transaction, it created a whole new issue (a SAR).
Anyway, I have no idea if structuring was HIS idea, or the instruction of the owner on the account. Regardless, I listed both parties on the SAR. I explained all that I knew in the narrative.
Last edited by ItsOK; 08/08/12 06:41 PM. Reason: grammar
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