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

An insurer's compliance officer is reviewing recent policy issues and flags a highly suspicious transaction. A client purchased a permanent life insurance policy with a single premium of $6,500, funded entirely through a series of unrelated, third-party wire transfers. When the agent previously attempted to verify the source of these funds, the client became extremely evasive and threatened to withdraw the application. Under federal Anti-Money Laundering (AML) regulations, what is the legally mandated response to this situation?

  1. File a Suspicious Activity Report (SAR) with FinCEN within 30 days of detecting the suspicious behavior, and strictly prohibit any staff from informing the client about the filing.Answer
  2. B
    File a Currency Transaction Report (CTR) with the Department of the Treasury within 15 days, because the premium payment involves non-standard monetary instruments.
  3. C
    Suspend the policy immediately, report the individual directly to local law enforcement, and provide the client with a formal written notice of the investigation.
  4. D
    Document the evasive behavior in the underwriting file but take no federal action, because the 6,500premiumamountfallsbelowthemandatory6,500 premium amount falls below the mandatory 10,000 reporting threshold.

Answer

The insurer must file a Suspicious Activity Report (SAR) with the Financial Crimes Enforcement Network (FinCEN) within 30 days and ensure the client is never informed of the filing (anti-tipping-off rule).
The correct action accurately combines the four statutory requirements for this scenario: the transaction involves a covered product, it exceeds the $5,000 threshold for suspicious activity, a SAR must be filed with FinCEN within 30 days, and the insurer must adhere to the anti-tipping-off prohibition.

Step-by-Step Solution

1
Analyze the insurance product type to determine if it is subject to AML rules.
The product is permanent life insurance, which is a covered product under AML regulations (unlike term life or property/casualty).
Federal AML rules specifically target cash-value and permanent life insurance products due to their potential use in laundering money.
2
Evaluate the transaction amount and the client's behavior against federal reporting thresholds.
The premium is $6,500, and the client was evasive regarding third-party wire transfers.
A Suspicious Activity Report (SAR) is triggered when a transaction involves $5,000 or more and exhibits red flags, such as evasiveness or unusual funding methods.
3
Identify the correct reporting agency, form, deadline, and communication restrictions.
The insurer must file a SAR with FinCEN within 30 days. Furthermore, they are legally prohibited from disclosing this filing to the client.
The USA PATRIOT Act mandates a strict 30-day reporting window to FinCEN for SARs and includes a severe penalty for 'tipping off' the suspect.

Key Concept

USA PATRIOT Act and Anti-Money Laundering (AML) Reporting Requirements
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Topics

USA PATRIOT Act and Anti-Money Laundering (AML)

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