Highlighted Action is Natalie Edwards: We first addressed this issue in C-2i brief number 180406 and it turns out a POTUS Trump Leak (https://www.bloomberg.com/news/articles/2018-10-17/senior-fincen-adviser-charged-by-u-s-over-sars-disclosures) was Natalie Mayflower Sours Edwards, a FinCEN employee who was arrested and charged with disclosing Suspicious Activity Reports. First reaction: Leave FinCEN alone on this one. They support the mission and the employees do a hell of a job. Second response: go after the individual Natalie Edwards with the full force of the law protecting and safeguarding that Safeharbor Protection. The Natalie Edwards Complaint (https://www.justice.gov/usao-sdny/press-release/file/1101511/download) was executed October 16, 2018.
SAR Prohibitions: 31 USC 5318(g) Reporting of Suspicious Transactions provides that no financial institution, director, officer, employee, or agent may notify any person involved in the transaction that the transaction has been reported; and No officer or employee of the Federal Government or of any State, local, tribal, or territorial government may disclose to any person involved in the transaction that the transaction has been reported, “other than as necessary to fulfill the official duties of such officer or employee.”
Supporting Regulations: BSA 31 CFR 1010.320; Broker-Dealers 31 CFR 1023.320; SEC 17 CFR 240.17-a8; CFTC 17 CFR 42.2; Bank 31 CFR 1020.320; FRB 12 CFR 208.62; FDIC 12 CFR 353; OCC 12 CFR 108.62, 21.11, 163.180
Highlighted Cases: Lee v. Bankers Trust Co. 1999 2nd Circuit; Weil v. Long Island Savings Bank 2001 New York; Cotton v. PrivateBank and Trust 2002 Illinois; Dupre v. FBI 2002 Louisiana; Gregory v. Bank One, Indiana, 2002 Indiana; United States v. Houlihan 2003 New York; Bank of China v. St. Paul Mercury Insurance Co. 2004 New York; FDIC v. Flagship Auto 2005 Ohio; United States v. Bortnick 2005 Pennsylvania; Whitney National Bank v. Karam 2004 Texas; Wuliger v. OCC 2005 Ohio