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Difficulty: MediumUSA PATRIOT Act and Anti-Money Laundering (AML)

During an intake meeting, a financial representative observes a client attempting to fund a new deferred annuity contract with a $6,000 payment comprised entirely of sequentially numbered money orders. Recognizing this as a potential red flag for structuring, what is the required regulatory response under the USA PATRIOT Act?

  1. A Suspicious Activity Report (SAR) must be filed with FinCEN within 30 days of the discovery, and the client must not be informed of this action.Answer
  2. B
    The transaction must be declined, and the representative must report the suspicious behavior directly to local law enforcement within 15 days.
  3. C
    A Currency Transaction Report (CTR) must be filed immediately, as the total payment involves cash equivalents that are highly susceptible to laundering.
  4. D
    No federal reporting is mandated because the transaction falls below the $10,000 threshold required for anti-money laundering oversight.

Answer

The insurer must file a Suspicious Activity Report (SAR) with FinCEN within 30 days and strictly avoid informing the client that a report is being filed.
Under the USA PATRIOT Act, insurance companies must file a Suspicious Activity Report (SAR) with the Financial Crimes Enforcement Network (FinCEN) when they encounter a suspicious transaction involving $5,000 or more. Furthermore, the law includes a strict 'anti-tipping-off' provision, making it a federal crime to inform the client that a SAR has been or will be filed. The 30-day reporting window is the standard federal requirement for SARs.

Step-by-Step Solution

1
Determine if the product is subject to AML rules.
A deferred annuity is a covered product under federal AML regulations because it has a cash value/investment feature.
Only covered products (like permanent life and annuities) trigger federal AML reporting duties for insurers.
2
Evaluate the payment amount against reporting thresholds.
The 6,000paymentexceedsthe6,000 payment exceeds the 5,000 threshold for suspicious activity.
Insurers must file a Suspicious Activity Report (SAR) for suspicious transactions involving $5,000 or more.
3
Identify the proper reporting procedure and restrictions.
The report must go to FinCEN within 30 days, and the 'anti-tipping-off' rule applies.
Federal law strictly prohibits any person involved in filing a SAR from notifying the subject of the report.

Key Concept

USA PATRIOT Act and Anti-Money Laundering (AML)
Estimated Time:1m 0s
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Topics

USA PATRIOT Act and Anti-Money Laundering (AML)

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