ITG FAQ #1 Answer-What civil penalties can be asserted under Title 31? |
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For each negligent violation of any of the reporting or recordkeeping requirements by a financial institution, a civil penalty, not to exceed $500 may be assessed (31 CFR 103.57(h)).
A civil penalty, not to exceed the greater of the amount involved (not to exceed $100,000) in the transaction or $25,000, may be assessed for each willful violation of the reporting requirements against any domestic financial institution, and any partner, director, officer, or employee of the financial institution who willfully participates in the violation (31 CFR 103.57(f)).
A civil penalty, up to the amount of the currency or monetary instruments transported into or out of the United States, may be assessed for failure to file FinCEN Form 105, Report of International Transportation of Currency or Monetary Instruments (CMIR). This penalty is reduced by any amount that was seized (by Customs) and forfeited for failure to file FinCEN Form 105. The penalty also applies to a report that was filed containing material omissions or misstatements (31 CFR 103.57(d)).
A civil penalty, up to the amount in an undisclosed or misidentified foreign account (not to exceed $100,000), or $25,000, may be assessed against any person for failure to file TD F 90-22.1, Report of Foreign Bank and Financial Accounts (FBAR), (31 CFR 103.57(g)(2)).
A civil penalty up to the amount involved, less any amount forfeited to the United States, may be assessed against any person who willfully structures transactions after January 26, 1987, for the purpose of evading the reporting requirements (31 CFR 103.57(e)).
A civil penalty, up to $1000, may be assessed for each willful violation of the recordkeeping requirements (31 CFR 103.57(c)).
See FAQs regarding Penalties for Money Services Businesses.
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Page Last Reviewed or Updated: December 02, 2009