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.
Challenges for Community FIs Participating in the PPP Loan Program
A mixture of government assistance, and exponential increase in need on behalf of customers, and the continuous need to remain compliant has left many financial institutions (FIs) stretched thin, and scrambling. As I have written several times recently, the COVID-19 pandemic is creating a very complex operating environment for financial services companies and their customers.
FinCEN Guidance in Response to the COVID-19 Pandemic
The operating landscape during the COVID-19 pandemic is constantly changing. The Financial Crimes Enforcement Network (FinCEN[1]) has issued guidance twice in the last three weeks. The first, issued on March 16, 2020[2] focuses on two areas – the ability of banks to timely file required Bank Secrecy Act (BSA) reports and identifying potential scams arising out of this current environment. The second, issued on April 3, 2020[3] provides information to assist FIs in complying with BSA obligations and announces a process for making direct contact with FinCEN for “urgent COVID-19 related issues.”
COVID-19 Fraud Schemes
When a crisis arises, the volume and speed of activity increases causing many people to act with less care and caution. This rapid action mode opens a window of opportunity for scammers and fraudsters. In the midst of the COVID-19 pandemic that window has opened again. Below are some of the schemes that your business or your customers may experience. The format is designed to be used as quick internal training reminders or to send out as a customer alert from your expert staff or relevant committee members.
Confidential means CONFIDENTIAL!
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.
