Does this warrant a SAR?

Posted By: ComplianceGurl, CRCM

Does this warrant a SAR? - 03/22/17 03:05 PM

We have a customer and non-customer that applied for a mortgage. The non-customer does not have any form of identification. He does not have a TIN either. He stated he had income from a local farm that he works at but does not have a work visa. I can see where this is heading but do you think it warrants a SAR filing?
Thank you!!
Posted By: Daisy Doodle

Re: Does this warrant a SAR? - 03/22/17 03:11 PM

He didn't lie to you, or put fraudulent info on the application. What would be your basis for filing?
Posted By: ComplianceGurl, CRCM

Re: Does this warrant a SAR? - 03/22/17 03:18 PM

He did not have a SSN or work visa but is collecting a paycheck. Possibly (probably) an undocumented immigrant. I'm just wondering if it's really up to FI's to report this type of thing if we are suspicious of it.
Posted By: RockChucker, CAMS

Re: Does this warrant a SAR? - 03/22/17 03:18 PM

Based only on the information you provided I don't see where filing a SAR is necessary. The course of action you might take is to decline the mortgage application.
Posted By: ComplianceGurl, CRCM

Re: Does this warrant a SAR? - 03/22/17 03:21 PM

RockChucker-We did deny the loan but I'm just concerned we might get criticized by our regulator for not reporting it.
Posted By: Elwood P. Dowd

Re: Does this warrant a SAR? - 03/22/17 03:33 PM

Okay, if you had to file a SAR, think about what the narrative would say: "Based solely on his statements, we believe this person is working illegally in the U.S." I can't think of what the next sentence would be other than to acknowledge that it's a defensive filing.
Posted By: ComplianceGurl, CRCM

Re: Does this warrant a SAR? - 03/22/17 03:56 PM

Thank you all! I guess I was overthinking it. Time for a vacation!
Posted By: edAudit

Re: Does this warrant a SAR? - 03/22/17 04:08 PM

I will take the opposite conclusion based upon and recent non related exam "findings"

â—¦May involve potential money laundering or other illegal activity (e.g., terrorism financing).

https://www.ffiec.gov/bsa_aml_infobase/pages_manual/OLM_015.htm
Posted By: ComplianceGurl, CRCM

Re: Does this warrant a SAR? - 03/23/17 12:21 PM

Thank you edAudit for your feedback!