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File a SAR?

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Question: 
We have a business account for an LLC that offers "financial and legal consulting". It was explained that they are heavily into loan modifications at this time. There are three members (one is an attorney) who have signing authority over the account. We noticed a high volume of debit card activity and most of it appears to be for personal as opposed to business purposes. For example, there are many POS purchases at high end stores such as Coach, Burberry, Saks 5 Avenue, plus many restaurants, spas, ice cream shops, etc. We asked the branch if they knew the purpose of this activity and they answered that they are for gifts for business referrals. To me this is nonsense. There are also many ATM withdrawals for the maximum daily limit ($600) that also do not appear to be for normal business purposes.I recall posting questions on BOL in the past about similar activity, such as college tuition payments from business accounts and the general consensus was that this should not be the bank's concern and should not result in a SAR filing (for tax evasion or avoidance). What is the consensus about the activity described above?
Answer: 

Keeping in mind the special love that FinCEN and the rest of the government have for mortgage rescue and loan modification scams (see FinCEN's advisory), I'd tend to be very cynical about the legitimacy of the operation given the transaction history you've described. Note that the advisory makes special mention of SAR filings in certain cases. I think it's worthy of more than passing consideration on your part.

First published on BankersOnline.com 8/03/09

First published on 08/03/2009

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