FinCEN Fines Capital One for BSA Violations

On 1/15/21, the Financial Crimes Enforcement Network (FinCEN) announced that Capital One was assessed a $390,000,000 civil money penalty for engaging in both “willful and negligent violations of the Bank Secrecy Act (BSA) and its implementing regulations.” 

According to their release, FinCEN determined and Capital One admitted to willfully failing to implement and maintain an effective Anti-Money Laundering (AML) program to guard against money laundering.  Capital One also admitted that it willfully failed to file thousands of suspicious activity reports (SARs), and negligently failed to file thousands of Currency Transaction Reports (CTRs), with respect to a particular business unit known as the Check Cashing Group.  The violations occurred from at least 2008 through 2014, and caused millions of dollars in suspicious transactions to go unreported in a timely and accurate manner, including proceeds connected to organized crime, tax evasion, fraud, and other financial crimes laundered through the bank into the U.S. financial system. 

The full FinCEN release can be found here.

The Assessment of Civil Money Penalty document can be found here.

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