24 September 2020
2 million suspicious activity reports,or SARs, are filed by banks every year. Those reports are sent to the U.S. Treasury's Financial Crimes Enforcement Network (FinCEN), which has the job of determining whether the reports are evidence of criminal activity, and whether that activity should be investigated and punished.
The catch: FinCEN only has 270 employees, which means that FinCEN is dealing with a ratio of roughly 150 reports per employee per week. So it comes as little surprise to learn that most of the reports go unread, and the activity in them unpunished.
- That's a massive job: It can take a team of investigators weeks or months to investigate a single report.
For the record: A tiny subset of FinCEN reports — 2,100 in all — was leaked to BuzzFeed News two years ago. That kicked off a major international investigation, involving more than 400 journalists in 88 countries. After 16 months of work, their findings are now public.
- The journalists didn't have all the tools of law enforcement at their disposal, but they did have the luxury of being able to spend as much time as they wanted on one small group of reports.
- What they found was more or less what you'd expect: Some of those reports detailed what looks to be criminal activity by criminals. That's why they were marked suspicious by the banks.
- Journalists can't prove that any behavior was criminal. But it does seem with hindsight that banks allowed a lot of illegal money laundering to continue.
Between the lines: We don't know how much of that activity was caught or investigated by law enforcement. But it's a safe bet that it wasn't enough.
- We do know that the banks seem to have been generally happy to continue working with their customers after filing the SARs.
- All too often the banks file their SARs long after the criminals have moved on. The main reason for doing so is just that it's almost impossible to prosecute a bank for abetting money laundering if it has filed a SAR on the activity in question.
The bottom line: Banks need to be an integral part of the fight against money laundering, rather than simply filing SARs to protect themselves. The entire system needs a massive technological and financial upgrade — and law enforcement needs to grow more teeth, especially when it comes to prosecuting banks.
- My thought bubble: Money laundering persists because banks make more money when it exists than when it doesn't. The only effective way to fight it is to ensure that's no longer the case.
Transcripts show George Floyd told police "I can't breathe" over 20 times
Section2Newly released transcripts of bodycam footage from the Minneapolis Police Department show that George Floyd told officers he could not breathe more than 20 times in the moments leading up to his death.
Why it matters: Floyd's killing sparked a national wave of Black Lives Matter protests and an ongoing reckoning over systemic racism in the United States. The transcripts "offer one the most thorough and dramatic accounts" before Floyd's death, The New York Times writes.
The state of play: The transcripts were released as former officer Thomas Lane seeks to have the charges that he aided in Floyd's death thrown out in court, per the Times. He is one of four officers who have been charged.
- The filings also include a 60-page transcript of an interview with Lane. He said he "felt maybe that something was going on" when asked if he believed that Floyd was having a medical emergency at the time.
What the transcripts say:
- Floyd told the officers he was claustrophobic as they tried to get him into the squad car.
- The transcripts also show Floyd saying, "Momma, I love you. Tell my kids I love them. I'm dead."
- Former officer Derek Chauvin, who had his knee on Floyd's neck for over eight minutes, told Floyd, "Then stop talking, stop yelling, it takes a heck of a lot of oxygen to talk."
Read the transcripts via DocumentCloud.