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The following is an audio version of that document. This podcast is educational and is not legal advice. We are sponsored by Credit Union Exam Solutions Incorporated, whose team has over two hundred and forty years of National Credit Union Administration experience. We assist our clients with N C U A so they save time and money. If you are worried about a recent, upcoming or in process N C U A examination, reach out to learn how they can assist at Mark Treichel dot com. Also check out our other podcast called With Flying Colors where we provide tips on how to achieve success with N C U A.

And now the Frequently Asked Questions Regarding Suspicious Activity Reporting Requirements. October 3, 2005.

The Financial Crimes Enforcement Network, jointly with the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the National Credit Union Administration, the Office of the Comptroller of the Currency, and the Office of Thrift Supervision, is issuing interpretive guidance in response to questions received regarding the filing of Suspicious Activity Reports. The purpose of this guidance is to clarify the regulatory expectations and requirements for financial institutions with respect to the reporting of suspicious activity. Financial institutions are reminded that Suspicious Activity Reports are one of the most important sources of information available to law enforcement and regulatory agencies for detecting financial crime, and are used in a wide range of investigations and enforcement actions. Below are answers to frequently asked questions regarding suspicious activity reporting requirements.

Question 1: S A R Filings for Potential Structuring related Activity.

Is a financial institution required to file a S A R for transactions or a series of transactions in which a person or persons are structuring transactions to avoid the C T R threshold, even though the total amount of currency involved does not exceed ten thousand dollars?

Yes. The mere purpose of structuring is evidence of suspicious activity regardless of the amount. If one person or two or more persons act together to break up currency transactions to avoid the ten thousand dollar C T R threshold, then information sufficient to identify the activity should be reported on a S A R. For example, if an individual conducts multiple cash deposits of nine thousand five hundred dollars or less into different accounts to evade a C T R, the financial institution is required to file a S A R.

A financial institution is required to file a S A R for a transaction conducted or attempted by, at, or through the institution if it involves or aggregates at least five thousand dollars in funds or other assets, and the institution knows, suspects, or has reason to suspect that the transaction: One, involves funds derived from illegal activities or is intended to hide or disguise funds from illegal activities. Two, is designed to evade Bank Secrecy Act requirements, such as structuring to avoid a C T R. Three, has no business or apparent lawful purpose.

FinCEN has consistently advised that financial institutions must file S A R s for structuring even when the total amount of currency is less than ten thousand dollars. Under FinCEN guidance, structuring transactions to evade reporting requirements is suspicious in and of itself and must be reported.

Financial institutions should not ignore structuring simply because the total amount falls below the C T R threshold. The fact that the amount is below ten thousand dollars does not eliminate the obligation to file a S A R.

Question 2: Continuing Activity Reviews.

Is a financial institution required to conduct a review of a customer or account following the filing of a S A R to determine whether suspicious activity has continued?

Yes. Recognizing that suspicious conduct does not end once an initial S A R is filed, FinCEN guidance issued in October two thousand advised that institutions must review their S A R filings to determine whether additional S A R s should be filed.

The continuing review should determine whether suspicious activity has persisted and whether further S A R s are warranted. Institutions are required to file continuing activity S A R s no later than ninety days after the date of the previously related S A R filing, if suspicious activity continues.

Financial institutions must establish policies and procedures to identify and report ongoing suspicious activity. Institutions are expected to document reviews conducted and provide the rationale for whether a subsequent S A R is necessary.

Question 3: Continuing Activity Reviews – Timeline.

What is the timeline for a financial institution that elects to file S A R s in accordance with FinCEN’s continuing suspicious activity guidance?

As noted in prior F A Qs, FinCEN previously recommended that financial institutions report continuing suspicious activity with a new S A R filing at least every ninety days. Subsequent S A R s must be filed no later than one hundred and twenty calendar days after the date of the initial S A R.

The standard timeline is: Day one: Date of suspicious activity detection, begin review. Day thirty: File initial S A R. Day ninety: Review whether suspicious activity continues. Day one hundred and twenty: File continuing S A R if necessary.

This timeline ensures that law enforcement is kept informed of continued suspicious activity. Institutions must maintain procedures that identify and escalate potential continuing suspicious conduct to compliance officers responsible for S A R decision-making.

Question 4: No S A R Documentation.

Is a financial institution required to document the decision not to file a S A R?

Yes. There is no requirement or regulation that requires an institution to document its reasons for not filing a S A R. However, FinCEN has stated that financial institutions should maintain sufficient documentation to support the rationale for their decision not to file.

This documentation should be retained in accordance with the institution’s internal policies and record retention requirements, and must be available to examiners and law enforcement upon request.

Outro. This concludes the document.

If your Credit Union could use assistance with your exam, reach out to Mark Treichel on LinkedIn, or at Mark Treichel dot com. This is Samantha Shares and we thank you for listening.

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