FinCEN Issues Advisory on SAR Confidentiality

Department of the Treasury Financial Crimes Enforcement Network

Advisory
FIN-2012-A002
Issued: March 2, 2012

Subject: SAR Confidentiality Reminder for Internal and External Counsel of Financial Institutions

The Financial Crimes Enforcement Network (FinCEN) is issuing this Advisory to remind financial institutions, and in particular, the lawyers that advise them, of the requirement to maintain the confidentiality of Suspicious Activity Reports (SARs). FinCEN is concerned that an increasing number of private parties, who are not authorized to know of the existence of filed SARs, are seeking SARs from financial institutions for use in civil litigation and other matters. Financial institutions, and their current and former directors, officers, employees, agents, and contractors, are prohibited from disclosing SARs, or any information that would reveal the existence of a SAR.1 FinCEN recognizes that an escalation in the number of requests for use of SARs in private litigation may increase the likelihood of an unauthorized disclosure of a SAR. This is especially true when external counsel is unfamiliar with the regulations covering SAR confidentiality. Financial institutions, and their current and former directors, officers, employees, agents, and contractors could be subject to civil and criminal penalties for the unauthorized disclosure of a SAR.    

Guidance on Maintaining SAR Confidentiality

FinCEN reminds financial institutions to be vigilant in maintaining the confidentiality of SARs       *****READ MORE