Please update your browser

You're using a version of Internet Explorer that isn't supported by Questia.
To get a better experience, go to one of these sites and get the latest
version of your preferred browser:

BSA Confusion Got You Coming and Going? Don't Let the Riggs Settlement's Price Tag Throw You. There Are Basics of BSA Compliance to Be Learned from Every Regulatory Case

By Sudhoff, Mollie N.; Griffin, Lucy H. | ABA Banking Journal, November 2004 | Go to article overview

BSA Confusion Got You Coming and Going? Don't Let the Riggs Settlement's Price Tag Throw You. There Are Basics of BSA Compliance to Be Learned from Every Regulatory Case


Sudhoff, Mollie N., Griffin, Lucy H., ABA Banking Journal


"USA Patriot Act." "Customer identification programs." "Know your customer." "Customer due diligence." "Trading with the enemy." These terms and phrases send shivers down the backs of many bankers, and with good reason. Compliance in this area is one of the highest expenses that banks face in the regulatory arena, and if things go bad, the horror stories out there are the stuff of nightmares.

When it comes to a successful anti-money laundering program, the devil is in the details. Bank Secrecy Act (BSA) and Office of Foreign Asset Control (OFAC) compliance often requires consideration of much detail, but with a bit of planning and foresight any bank can get it right. While there has been much attention lately to high-profile BSA cases like the $25 million penalty paid by Riggs Bank, there is also much to learn from other, less-publicized travails.

The problem at Riggs was atypical: it stemmed from a lack of oversight of embassy accounts. Regardless, the language used by the regulators to direct Riggs to fix its problem is strikingly similar to the requirements of other agreements.

The consistent theme: Regulatory actions result from a breakdown in design and implementation of an effective program, not from whether a specific Suspicious Activity Report should have been filed.

In spite of what may seem like overwhelming regulator expectations, it is important to remember that the cost of compliance is much higher when policies and procedures must be created in short order. In most of the actions noted in this article, there was no fine imposed, but the banks received tedious, detailed instructions on cleaning up the situation with tight timetables (usually 30-60 days).

Looking to the record

We analyzed several written agreements published by the Federal Reserve Board and the Comptroller's Office in an attempt to categorize the issues and offer you a road map to avoiding similar problems. Some notable agreements included those with Cowboy State Bank, Ranchester, Wyo.; First Midwest Bank, Itasca, Ill.; Planters Bank and Trust Com., Staunton, Va.; The Custar State Bank, Custar, Ohio; Merchants Bank of California, Carson; Surety Bank, Fort Worth, Texas; and last but certainly not least, ABN AMRO Bank, N.V. A walk through the details of some of these agreements can show just how costly non-compliance will be. "Pay now or pay later" might be the best way for a CEO to come to terms with the costs of compliance in this area.

In the recent agreement between the Board, other regulators, and ABN AMRO Bank, the following language was found (emphasis added):

Within 60 days of this Agreement the Bank ... shall jointly submit ... an acceptable written anti-money laundering program designed to improve the ... system of internal controls and designed to ensure compliance..... The program shall, at a minimum:

1. Improve the ... system of internal controls, ...;

2. Include controls designed to ensure compliance with all requirements relating to correspondent accounts for non-U.S, persons,....

3. provide for thorough assessment of legal and reputational risk associated with correspondent accounts and clearing operations and for regular review of risk tolerance by appropriate members of senior management;

4. provide for the retention of outside consultant assistance as necessary and appropriate to assess risks associated with particular lines of business and to design and implement controls to manage such risks....

Independent Testing and Audit

Within 60 days of this Agreement, the Bank shall submit ... an acceptable written plan including ...:

* Procedures to evaluate ... compliance with the BSA, ... and all other applicable anti-money laundering and suspicious activity reporting requirements;

* Procedures to evaluate ... adherence to industry sound practices relating to anti-money laundering compliance, customer and correspondent account due diligence, and the reporting of suspicious activities;

* Procedures for ongoing compliance monitoring .

The rest of this article is only available to active members of Questia

Sign up now for a free, 1-day trial and receive full access to:

  • Questia's entire collection
  • Automatic bibliography creation
  • More helpful research tools like notes, citations, and highlights
  • Ad-free environment

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Project items

Items saved from this article

This article has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this article

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited article

BSA Confusion Got You Coming and Going? Don't Let the Riggs Settlement's Price Tag Throw You. There Are Basics of BSA Compliance to Be Learned from Every Regulatory Case
Settings

Settings

Typeface
Text size Smaller Larger
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Full screen

matching results for page

Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited passage

Welcome to the new Questia Reader

The Questia Reader has been updated to provide you with an even better online reading experience.  It is now 100% Responsive, which means you can read our books and articles on any sized device you wish.  All of your favorite tools like notes, highlights, and citations are still here, but the way you select text has been updated to be easier to use, especially on touchscreen devices.  Here's how:

1. Click or tap the first word you want to select.
2. Click or tap the last word you want to select.

OK, got it!

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.