What steps should the investigator take to review the accounts held by the second client who is listed in the Paradise Papers?

A client with many personal and business deposits with the financial institution (Fl) seeks a business loan. The client wants to guarantee the loan with a trust for which they are the beneficiary.

An investigator examines the trust. The trust has many layers, including shell companies in known tax havens. The client’s ultimate beneficial ownership claim cannot be validated, and the loan is denied. Two months later, the Fl receives a law enforcement (LE) request on one of the client’s business accounts. While reviewing the business account, the Fl receives another LE request on the same account from another agency. The requested information is shared.

Three months later, a branch manager receives a request to open a business deposit account related to a complex trust. The manager forwarded the request because of the complexity. The trust was the same as the previously examined trust, but the request came from a different client. The second client also has many accounts with the Fl. Further inspection finds links between the second client and the Paradise Papers. The Papers state the client led illegal activities and committed tax evasion.

What steps should the investigator take to review the accounts held by the second client who is listed in the Paradise Papers? (Select Two.)
A . Recommend a SAR/STR be filed regarding the second client’s use of a questionable trust to open an account.
B . Review all accounts being reviewed by AML investigators over the past year that have opened trust accounts.
C . Inform Fl management of deficiencies in their AML program because the second client’s activities were not detected.
D . Monitor all accounts and entities related to the second client
E . Inform Fl management of the start of a serious risk-based investigation that could result in losses and reputation risk.

View Answer

Answer: A, D

Explanation:

The investigator should recommend a SAR/STR be filed regarding the second client’s use of a questionable trust to open an account, as this could indicate an attempt to conceal the source and ownership of funds, and to evade taxes and sanctions. The investigator should also monitor all accounts and entities related to the second client, as they may be involved in illegal activities or pose a high risk to the FI. The investigator should not review all accounts that have opened trust accounts, as this would be too broad and inefficient. The investigator should not inform FI management of deficiencies in their AML program, as this is not their role or responsibility. The investigator should not inform FI management of the start of a serious risk-based investigation, as this may compromise the confidentiality and integrity of the investigation.