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fincen

FCRO Subsection: 

One has to wonder what is happening at FinCEN's media room. As if its abolition of the possessive apostrophe in its emails isn't illiterate enough, they often make no sense. Here's an example in which both the English (American, we should say) doesn't make sense and the subject matter is, well, bemusing. Here comes the tech bit..

FCRO Subsection: 

FinCEN's biggest problem is that it is incredibly low profile and hardly anyone knows what it is or, even, in broad terms what it does. That's been its problem since its early days. For years it dined out on the single case that really hit the news: the Black Market Peso Exchange but that was old hat even in the late 1990s. Now it's got a new plan and it's aping, well, everyone else who wants to get their name in the papers. (free content)

A correspondent asks "As a UK individual how do I report / alert the US authorities to the a craptocurrency used by employees and the Chairman of a group of companies with offices in St Louis, Missouri ?"

Here's the answer, and it explains differences between OFAC and FinCEN, etc. reports.

Nigel Morris-Cotterill
BIScom Subsection: 

The cost of compliance and risk management in financial institutions is an eternal bone of contention. US regulators The Financial Crimes Enforcement Network (FinCEN) and The Office of the Comptroller of the Currency together with the criminal prosecutors at The U.S. Department of Justice have agreed a USD185 million civil money penalty against US Bank National Association, in essence for failing to apply sufficient resources to its counter-money laundering policies and systems.

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"The U.S. Department of the Treasurys (sic) Financial Crimes Enforcement Network (FinCEN) today issued a finding and notice of proposed rulemaking (NPRM), pursuant to Section 311 of the USA PATRIOT Act, seeking to prohibit the opening or maintaining of a correspondent account in the United States for, or on behalf of, ABLV Bank. FinCEN is proposing this action based on its finding set out in the NPRM that ABLV is a foreign bank of primary money laundering concern," says an e-mail from FinCEN. FinCEN says there are links to North Korea and the case is a warning to all banks that do business with NoKo or representatives of its regime. But the USA is mightily cross at links with several other countries with which relations are souring.

The Financial Crimes Enforcement Network (FinCEN), which also has a regulatory function, has applied a USD3 million civil money penalty against Lone Star National Bank of Pharr, Texas, for failing to properly comply with the requirements of the Bank Secrecy Act - as found in s312 of the USA PATRIOT Act.

Editorial Staff
BIScom Subsection: 

Often, one is tempted to shake one's head in amazement when a regulator or enforcement agency is proud that it's done something that has been obvious for, well, pretty much for ever, in money laundering terms. If one were to shake one's head with appropriate force at FinCEN's boast that it is to target shell companies that have been used to purchase expensive properties in seven expensive areas, there's a risk it would topple free of one's shoulders. Surely the point is not the FinCEN has just noticed, but that it's just noticed that banks, lawyers and estate agents have not been making reports. Shades of Commonwealth Bank, maybe?

In 2009, an IRS inspection found "systemic" failures in the money laundering control systems at a small supermarket, Thriftway Food Mart which provided cheque cashing services and the sale of money orders, activities which require it to be registered as a Money Services Business with FinCEN and to impose and maintain appropriate systems. The sole proprietor of the business, who is also its compliance officer, was issued with a warning from FinCEN. So that's all good, then, you might think. Well, ... no.

FinCEN and FDIC have assessed First Bank of Delaware to a USD15m civil penalty as a result of breaches of the Bank Secrecy Act and other counter-money laundering laws and regulations. The bank has also settled DoJ charges.

Ocean Bank of Miami, Florida, has been issued with penalties by the Federal Deposit Indemnity Corporation, Florida Office of Financial Regulation and FinCEN in respect of a series of breaches of the Bank Secrecy Act and other anti-money laundering laws and regulations. The bank neither admits nor denies the allegations.

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