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SAR Instructions

This document discusses filing a Suspicious Activity Report (SAR) against an entity that refuses to accept or credit a payment, such as a bank refusing to credit a deposited check. It provides details on how to file a SAR, including naming the refusing entity as the filing institution. However, it notes this approach is dangerous and not recommended. It also discusses disclosing the intent to file a SAR to try to resolve the issue privately before filing, or citing any disclosure by the entity that it had already filed a SAR. The document provides a sample statement of facts to include in the SAR filing.

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333 views

SAR Instructions

This document discusses filing a Suspicious Activity Report (SAR) against an entity that refuses to accept or credit a payment, such as a bank refusing to credit a deposited check. It provides details on how to file a SAR, including naming the refusing entity as the filing institution. However, it notes this approach is dangerous and not recommended. It also discusses disclosing the intent to file a SAR to try to resolve the issue privately before filing, or citing any disclosure by the entity that it had already filed a SAR. The document provides a sample statement of facts to include in the SAR filing.

Uploaded by

MikeDouglas
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOC, PDF, TXT or read online on Scribd
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Suspicious Activity Report

In times past, criminal charges usually followed the filing of liens against government
agents and private parties. However, how is one to respond when a bank, court or
other offeror refuses a settlement instrument such as a promissory note?

As you may know, issuing bills of exchange as currency is dangerous and not
recommended. Even with certified dishonor of payment resulting in the offeror’s
agreement to file a lien, the actual filing of public notice of a lien is also dangerous.
However, when BOEs, closed account checks, promissory notes or other instruments
are declined, dishonored, or retained without crediting the applicable account, the
offeror often threatens to file a Suspicious Activity Report against the maker of the
instrument.

The concept of mirroring, suggests the question: why are we not filing such reports
when a party holds equity in violation of public policy, refuses to credit the payment, and
endangers the bankruptcy?

Demand for Second Payment


If Macy’s held your check, refused to credit your account, and demanded a second
payment, would Macy’s not be participating in Fraud and possibly Extortion? Is an
offeror any less guilty when retaining a payment instrument and continuing to demand
payment while refusing to identify a defect in the tender? This actionable event
comprises the reportable suspicious activity.

Financial Institution
A standard report is available for such a filing.

The “Name of the Filing Institution” would be the STRAWMAN acting as agent for the
living man, an independent financial institution.

Although not recommended, an administrative remedy procedure can also provide for a
self-executing Power of Attorney and the offeror’s stipulated agreement to sign the POA
document as its agent, thereby granting you the authority to name the offeror as the
reporting Financial Institution. This approach can be dangerous and, again, is NOT
RECOMMENDED.
Safe Harbor
31 U.S.C. Sec. 5318(g)(3) provides immunity to the filer from civil liability. This
increases the safety of filing the Report.

Disclosure
A U.S. person may not report a Suspicious Activity Report to the suspect (31 U.S.C.
Sec. 5318(g)(2)). However, the law does not mention disclosing the intent to file the
Report in the future. This provides two opportunities:

1. Disclosing intent to file the Report may bring some cases to an immediate resolution.
The offeror can be sent a copy prior to filing and asked if they wish us to file the Report
or would prefer to settle the case privately.

2. If the suspect discloses that it filed such a Report against you, that criminal act can
be cited in our Report.

We could send them a copy prior to filing and ask if they want us to file it. This would
not be a disclosure that we had filed it.

Statement of Facts
Section V of the Report provides an opportunity to states the facts of the suspicious
activity. The statement should remain entirely based in the public policy infraction
committed by the offeror.

- On or about _____, the Financial Institution received an offer to expand


funds under public policy (Exhibit “A”) from ____________ (“Offeror”).
[Include a copy of the offer.]

- On or about _______, the said offer was A4V and returned with
complete authority to settle the account to a Zero ($-0-) Ending Balance
in exchange for setoff against pre-paid account # EIN (see supra).

- On or about ______, and international exchange instrument pursuant to


the UNICITRAL Convention was tendered (Exhibits “B,” “C” and “D”).
[Include copies of the instrument marked void in red ink, proof of
service, and the notary’s letter of due presentment.]
- Notary public ________ has certified that credits have not been entered
in the account and the suspects are holding equity in violation of pp and
the U.S. Bankruptcy (see Exhibit "E").

- On ___, the suspects confessed to willfully dishonoring the instruments


as part of an ongoing enterprise of Racketeering (see Exhibit "F" - letter
from __ dated _____).

- On ___, the suspects confessed to Extortion (18 U.S.C. Sec. 872) by


threatening to _________________ unless the Maker of the instrument
paid them a second time. (see Exhibit "F").

- Pursuant to _____'s confession, on _______, ___________ issued the


following counterfeit securities in full knowledge that the liability had
been paid and the securities in question were neither registered nor
legal:

LIST COUNTERFEIT SECURITIES SUCH AS INDICTMENTS AND


WARRANTS

- On or about _______, ___________, in violation of 31 U.S.C.


Sec.5318(g)(2) by disclosing that it had filed a Suspicious Activity
Report.

FOR ENTERTAINMENT PURPOSES ONLY. NOT LEGAL ADVICE.

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