![\"\"](\"https:\/\/insight.thomsonreuters.com.au\/business\/wp-content\/blogs.dir\/4\/files\/sites\/18\/2020\/10\/Mike-Messier.jpg\")
<\/figure>\n\n\n\nMost articles published on the FinCEN Files have been based on the premise that financial institutions were responsible for preventing financial crimes such as money laundering and terrorist financing, according to Messier. This perspective placed banks and other reporting entities in the “precarious role” of operating as quasi-enforcement agencies, he argued.<\/p>\n\n\n\n
“The responsibility to investigate crimes and build a criminal case for executing an arrest and prosecution supported by actual evidence lies with law enforcement,” he said. <\/em><\/p><\/blockquote>\n\n\n\n
“I’m not sure it is even possible to entirely eliminate risks in business, unless you close the institution’s doors. Managing risk is an ongoing process that starts from the onboarding of the client and continues through the life of the relationship, to include client refresh and monitoring systems and processes to identify and report on suspicious activity.” <\/p>\n\n\n\n
Frontline experience<\/strong><\/h2>\n\n\n\n
One of the lessons from the FinCEN files was that financial institutions needed to improve their transaction monitoring and produce more substantive SARs, Messier said. In future, reporting entities may need to focus on filing higher-quality SARs, rather than a higher quantity of reports. Filing better, more detailed SARs would be extremely valuable for law enforcement agencies, Messier said.<\/p>\n\n\n\n
The FinCEN files have also created an opportunity to review the approach that major reporting entities take to account closures following the submission of a SAR.<\/p>\n\n\n\n
As a result of the FinCEN leaks, there has been a greater focus on whether financial institutions should maintain customer relationships where suspicious activity has been identified. Terminating accounts could be counterproductive from both a law enforcement and a commercial perspective, Messier said.<\/p>\n\n\n\n
“To close an account or terminate a client relationship based only on one SAR could harm the client and raise questions about the financial institution’s ability to properly handle risk,” Messier said.<\/p>\n\n\n\n
“This level of suspicion alone does not support a conviction \u2014 or, for that matter, an arrest \u2014 for an illegal act. A bank does not have access to SARs filed outside of their institution. Financial institutions do not have access to ongoing law enforcement investigations or what a client is doing at other institutions.”<\/p>\n\n\n\n
Continuing investigations<\/strong><\/h2>\n\n\n\n
In some cases, law enforcement agencies may have continuing investigations underway, and these might be compromised were an account to be closed. Prosecutors in the United States sometimes issued “keep open” letters requesting the financial institution to keep the accounts open, Messier said. <\/p>\n\n\n\n
“It’s beneficial to open up a legally permitted dialogue with law enforcement to align AML and CFT efforts. Likewise, it’s equally beneficial for the compliance units, particularly the AML\/CFT risk managers, to enhance communications with the lines of business inside the walls of their own institutions,” Messier said.<\/p>\n\n\n\n
More stringent processes for internal review and dialogue would help compliance teams to understand a client’s business model and reduce the volume of low-value and low-quality SARs.<\/p>\n\n\n\n
“The ultimate goal here would be to integrate the compliance culture into the sales process,” Messier said.<\/p>\n\n\n\n
The FinCEN Files have also underscored the need to improve the alignment of public and private sector efforts to combat financial crime. Reports published in 2017 by the Royal United Services Institute (RUSI) and the Clearing House challenged the effectiveness of the AML\/CFT framework at an international level. There had been a surge in “low-quality” SAR reporting by financial institutions, which was “ill-suited” to apprehending criminals, the reports said. <\/p>\n\n\n\n
The FinCEN leaks had highlighted the critical importance of public-private partnerships in terms of improving the quality of SARs and the effectiveness of the entire AML\/CFT regime, Messier said.<\/p>\n\n\n\n
Webinar: <\/h2>\n\n\n\n
Beyond the FinCEN files: Building a better framework for financial intelligence<\/h2>\n\n\n\n