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In 1992, the requirement to file suspicious activity reports (as well as the accompanying implied gag order) in the United States was added by Section 1517(b) of the Annunzio-Wylie Anti-Money Laundering Act (part of the Housing and Community Development Act of 1992, Pub. L. 102–550, 106 Stat. 3762, 4060).
For the year 2021, FinCEN received 1,137,451 Suspicious Activity Reports (SARs), which include both traditional financial institutions and cryptocurrency trading entities. Within this category, there were reports of 7,914 suspicious cyber events and 284,989 potential money laundering activities.
Specifically, the act requires financial institutions to keep records of cash purchases of negotiable instruments, file reports if the daily aggregate exceeds $10,000, and report suspicious activity that may signify money laundering, tax evasion, or other criminal activities. [2]
A suspicious activity report is a report of suspicious activity that may either be a terrorist act, a criminal act, or a non-criminal act considered a precursor to either a terrorist act or criminal act. A SAR may be filed by law enforcement, public safety personnel, owners of critical infrastructure or the general public.
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Suspicious activity is defined in the ISE-SAR Functional Standard (ISE-SAR FS) Version 1.5 [6] as "observed behavior reasonably indicative of pre-operational planning related to terrorism or other criminal activity." The NSI is a behavior-focused approach to identifying suspicious activity.
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