FINCEN IS CREATED:
One of the main forces behind the enforcement and implementation of these laws is the Financial Crimes Enforcement Network (FinCEN). Pursuit to an "Memorandum of Understanding" between the Attorney General and Secretary of the Treasury, signed in 1987, four agencies were granted joint investigative authority for money laundering: the Internal Revenue Service, United States Customs Service, Drug Enforcement Agency and the Federal Bureau of Investigation (later the Postmaster general was added to this group). (Manzi, Money Laundering and the Law) Later, in 1990, the executive branch created, FinCEN, a branch of the Treasury Department. Initially its main function was to detect financial crimes and provide analytic support to law enforcement agencies. However, it's powers were greatly expanded when, in 1994, it merged with the Treasury Department's Office of Financial Enforcement. The agency is now a fully equipped "anti-money laundering" department with enforcement and regulatory powers.
A WORKING PARTNERSHIP IS CREATED:
In 1994, recognizing the need for cooperation by financial institutions, the government established the BSA Advisory Group. This group consists of thirty panel experts from the financial community as well as state and federal law enforcement agencies. Its main function is to "establish policies and regulations to prevent and detect money laundering." (FinCEN) Since its inception, the group has: "eliminated unnecessary reporting requirements, simplified reporting forms, and refined the funds transfer record keeping rules." (FinCEN)
OTHER IMPLEMENTATIONS:
Recently, anti-money laundering legislation has concentrated less on reporting transactions that meet specific threshold amounts, and more on reporting specific transactions deemed "suspicious." In 1996, FinCEN established a single uniform reporting system in order to reduce the banking communities paperwork. In the same year, it reduced financial institutions' burdens, eliminating currency transaction reporting in cases "that have little or no value for law enforcement purposes." (FinCEN) For example, by and large, "currency transactions over $10,000 are no longer required to be automatically reported as such if they involve a bank and another bank in the United States, or a federal state or local government or a corporation whose stock is listed on the New York or American Stock Exchanges or designated as a NASDAQ National Market Security or any subsidiary that is consolidated with a listed corporation for federal income tax reporting purposes." (FinCEN)
FinCEN's intention is to free up time so that agencies can concentrate their efforts on financial transactions involving known or suspected money laundering. This new system, established in April of 1996, known as Suspicious Activity Reporting or SAR's, allows financial institutions' discretion when filing these reports. The more voluntary nature of these reports protect bank customers and decreases financial institutions from being subject to customer liability. Banks may file a SAR for cash transactions of any amount that they deem suspicious. (Money Laundering Alert, September, 1995, pg. 3)
Accordingly:
Most U.S. banks have adopted so-called "know your customer" policies over the past few years to help them improve their identification of financial transactions involving known or suspected money laundering, according to the American Bankers Association. Under these know your customer policies, which are currently voluntary but which the Treasury plans to make mandatory in [the future], financial institutions are to verify the business of a new account holder and report any activity that is inconsistent with that type of business. According to the American Bankers Association, these policies are among the most effective means of combating money laundering, and the majority of banks have already adopted such policies. (Money Laundering by JayEtta Z. Hecker)
Or, click below to go back to the home page: