Sarah Beth Felix’s Post

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CEO at Palmera Consulting; Co-Founder & Chief AML Officer at Acceleron Bank; Co-Founder at Hyper-S Research

Financial Crimes Enforcement Network, US Treasury published a notice for FIs to operationalize threats related to timeshare #fraud and Mexico-based TCOs like CJNG. This was issued jointly with #OFAC and the #FBI. I certainly didn't have a 14 page document re: timeshare fraud and Mexican drug cartels on my 2024 BINGO card, but here we are. See the third point for 6 things you can do right now to act on this Notice. Here are the highlights, more comments in the attached pdf - 1) This notice will primarily be impactful if all #banks, credit unions, #trust companies, investors, brokers, and fiduciaries provide customer education. Pgs. 3-5 offer great keywords to use in your outreach. 2) After customer education, the typologies are pretty limited in operationalability (not a word, I know). This is where I will say again - if your #AML system does not allow you to operationalize advisories and notices from FinCEN, get a new one! 3) It is time to take a temp check of your transactional threat landscape as it relates to this notice - look at the following: a) age of the customer (elderly) and repetitive wires to Mexico; b) wires to Mexico with the terms "fees" and "taxes" in description; c) wires to Mexico going to the same/similar beneficiary but from different 60+ aged customers; d) search beneficiaries of wires to Mexico with the terms "travel", "real estate", "closing", "title", "realty", and "broker" (English & Spanish); e) wires from trust or #retirement accounts to Mexico; and f) internal transfers from trust/retirement accounts to checking then wires to Mexico. 4) Once that exercise is done, you will know how much exposure you have. 5) If there are any positive matches to # 3 above, do additional research on the businesses to see if they are newly formed. 6) Remember to use 314b info sharing with other US FIs! 7) If your #communitybank or CU is based in a large retirement community, you have a duty to at least brief your customers on this risk. Some things I'm confused by - pg. 9 states "U.S. financial institutions to continue to use, and potentially expand, their existing processes to collect and share information with foreign financial institutions in furtherance of investigations that involve cross-border activity"... what?? The reference is a footnote from Gacki's speech in May. But I am not aware of any legal mechanism by which US FIs (not the Tier1s) can share with info with a non-US FI? Please someone tell me I'm wrong. #ifollowdirtymoney

Sarah Beth Felix

CEO at Palmera Consulting; Co-Founder & Chief AML Officer at Acceleron Bank; Co-Founder at Hyper-S Research

4mo

Hale Mast - maybe something for your team to alert FIRMA members about? Fiduciary and Investment Risk Management Association, Inc.

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Faraz Z.

Audit | Risk | Compliance | GRC | Banking | Advanced CAMS Audit

4mo

For international sharing, could it be that they are referring to MLAT (banks sharing info internationally through FIUs under mutual legal assistance treaties) or FATF (recommendation 40)? Or with the bank’s own international affiliates/ subsidiaries?

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Nanci McKenzie

Payments Risk Management | Financial Compliance Expert | Speaker

4mo

Thank you for sharing and pointing out all the critical important details.

And here are the details from FinCEN on the Mexico timeshare payment threat.

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