FinCEN’s Updated Guidance on §314(b)
Information sharing in the BSA/AML space is a topic of ongoing discussion and such an essential tool. I wrote about the value and the challenges in a prior post. One part of the US information sharing regime is Patriot Act §314(b).[1] Since its passage, FinCEN has issued guidance about the section on a number of occasions; the most recent in December 2020 through the issuance of an updated Fact Sheet. Section 314(b) established a process for financial service companies[2] (FIs) to share certain information under the protections of a safe harbor from liability for privacy law violations or from sharing false information. Participation under §314(b) is voluntary.
Fraud: In Stock for the Holidays
Every year, fraud on consumers, sellers, and financial service providers increases during the holiday shopping season. This year, pandemic conditions have led to the reduction of brick-and-mortar shopping, and is driving more merchants online for the first time. This massive shift to online commerce with the inevitability of holiday fraud, sets the scene for a season that promises to be more challenging than financial crimes space is probably used to seeing.
Boards Can’t Exercise Oversight Without the Right Information
This post is part of our occasional series on AML program fundamentals which focuses on refreshing foundational knowledge for experienced members of the AML community and providing an introduction to key topics for those new to the subject.
What are the Cybercriminals Up to Now?
The Financial Crimes Enforcement Network (FinCEN[1]) has issued an advisory[2], providing guidance and red flags for cybercrime and cyber-enabled crime occurring during the COVID-19 pandemic. The advisory is intended to, “aid financial institutions in detecting, preventing, and reporting potential COVID-19-related criminal activity.” As you know, there have been numerous alerts issued by various government agencies about crimes and frauds being perpetrated during the pandemic. Links to many of them are available on our COVID-19 resources page - feel free to disseminate them throughout your institution or firm.
How Helpful is the Latest FinCEN Guidance on Customer Due Diligence?
FinCEN has issued additional guidance about the responsibility of financial services companies (FIs)[1] relating to customer due diligence (CDD). The guidance takes the form of responses to three frequently asked questions (FAQs) about the requirements of CDD Rule.[2] The FAQs focus on “obtaining customer information, establishing a customer risk profile, and performing ongoing monitoring of the customer relationship.” Let’s look at the details of the guidance and see how this may impact FIs...
Elder Financial Exploitation is a Financial Crime
The title of this post may seem obvious, but do you know what your financial services company should be doing to detect, report and prevent it? As with many financial crimes, the activity often touch FIs. So what exactly is elder financial exploitation (EFE)? EFE refers to the “illegal or improper use of an older adult’s funds, property, or assets.[i]”
Fraud – It Continues in Bad Times and Good
There has been a lot of information circulating about fraud during the pandemic. Many organizations, including AML RightSource, have discussed this challenge. What is most confounding about fraud is that it is always with us; and it is getting more prevalent.
Investigations – they all start with context
This post is part of our occasional series on AML program fundamentals which focuses on refreshing foundational knowledge for experienced members of the AML community and providing an introduction to key topics for those new to the subject.
Information Sharing – the Value and the Challenges
Information Sources Financial service companies (FIs) have a wide variety of information about their customers. Some of it is personal data, gathered at account opening or as part of a specific transaction, such as a loan application; some of it is transaction data gathered to balance accounts and prepare customer statements; and some of it is captured to make required reports to government agencies. In one way or another, much of this data is subject to privacy rules. In the US there are various privacy laws at the federal and state level; in other countries, the laws may be country specific or part of a group of countries such as the European Union.
