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Ethics & Fraudeasy17% of exam

An MLO files a SAR about suspicious borrower activity. Two weeks later, the borrower's attorney contacts the MLO requesting copies of all documents related to the SAR filing, claiming attorney-client privilege requires disclosure. How should the MLO respond?

Correct Answer

B) Decline to provide any information about SAR filings to any party

SAR filings are strictly confidential under BSA regulations. No information about SAR filings can be disclosed to the subject of the SAR, their representatives, or any other parties except as specifically authorized by FinCEN. Attorney-client privilege does not override SAR confidentiality requirements.

Answer Options
A
Provide the documents since attorney-client privilege applies
B
Decline to provide any information about SAR filings to any party
C
Refer the attorney to the institution's legal department
D
Provide only non-confidential portions of the SAR

Why This Is the Correct Answer

SAR filings are strictly confidential under BSA regulations. No information about SAR filings can be disclosed to the subject of the SAR, their representatives, or any other parties except as specifically authorized by FinCEN. Attorney-client privilege does not override SAR confidentiality requirements.

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