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質問 # 240
Which of the following corporate structures present a higher money laundering risk due to reduced transparency? (Select Three.)
- A. A company with nominee shareholders and directors in a local jurisdiction.
- B. A private investment company incorporated in a tax haven jurisdiction with strict secrecy laws.
- C. A limited liability company incorporated in a foreign jurisdiction.
- D. A private company that has no activity in a tax haven jurisdiction.
- E. A company with bearer shares incorporated in a tax haven jurisdiction.
正解：A、B、E
解説：
Certain corporate structures obscure beneficial ownership, making them attractive for money laundering.
Option A (Correct): Nominee shareholders and directors conceal the true owners of a company, increasing AML risk.
Option C (Correct): Bearer shares allow ownership to be transferred anonymously, making it difficult to trace transactions.
Option E (Correct): Private investment companies in tax havens with strict secrecy laws enable illicit fund movements.
Why Other Options Are Incorrect:
Option B (Incorrect): A private company that does not operate in a tax haven presents lower ML risk.
Option D (Incorrect): A foreign LLC is not necessarily high-risk unless linked to a secrecy jurisdiction.
Best Practices for Identifying High-Risk Corporate Structures:
Require full disclosure of beneficial ownership.
Apply enhanced due diligence (EDD) on tax-haven entities.
Monitor for unusual cross-border transactions.
Reference:
FATF Recommendation 24 (Beneficial Ownership Transparency)
6th EU AML Directive (6AMLD) on Corporate Transparency
OECD Guidance on Tax Haven Risks & Shell Companies
質問 # 241
According to experts, what is the most effective way to prevent money laundering through financial institutions?
- A. Ensuring that transaction monitoring systems can identify terrorist financing
- B. Collecting information on beneficial owners and foreign customers
- C. Instituting a policy prohibiting the acceptance of funds intended for terrorist financing
- D. Implementing a sound customer due diligence program
正解：D
解説：
Implementing a sound customer due diligence (CDD) program is the most effective way to prevent money laundering through financial institutions, according to experts. CDD is the process of identifying and verifying the identity of customers and assessing their risk profile, source of funds, and expected activity. CDD helps financial institutions to detect and prevent money laundering by enabling them to know their customers, monitor their transactions, and report any suspicious or unusual behavior. CDD is also a key requirement of the international standards and best practices for anti-money laundering and combating the financing of terrorism (AML/CFT), such as the Financial Action Task Force (FATF) Recommendations and the Basel Committee on Banking Supervision (BCBS) Guidelines.
The other options are not as effective as CDD, as they are either too narrow or too broad in scope. Ensuring that transaction monitoring systems can identify terrorist financing is important, but it does not address the broader issue of money laundering, which may involve other types of criminal proceeds or activities.
Collecting information on beneficial owners and foreign customers is a part of CDD, but it is not sufficient by itself, as it does not cover the risk assessment and ongoing monitoring aspects of CDD. Instituting a policy prohibiting the acceptance of funds intended for terrorist financing is a good practice, but it is not a preventive measure, as it relies on the assumption that the funds are already identified as such, which may not be the case.
References:
Customer Due Diligence - FATF-GAFI.ORG
Sound management of risks related to money laundering and financing of terrorism - Bank for International Settlements CAMS Study Guide 6th Edition, page 36-37.
質問 # 242
Who meets the standard to perform the AML audit? (Select Two.)
- A. A consultant previously employed in the AML department within the past 2 years
- B. An internal auditor with a family member employed in the AML department
- C. Qualified bank staff if not involved in the AML function being tested
- D. An internal auditor with the requisite knowledge and expertise of AML
- E. A consultant with limited knowledge and experience in AML but many years of internal audit experience
正解：C、D
解説：
B: An internal auditor with the requisite knowledge and expertise of AML: An internal auditor with sufficient knowledge and expertise in AML regulations and compliance requirements can perform the AML audit.
D: Qualified bank staff if not involved in the AML function being tested: Qualified bank staff who are not involved in the AML function being audited can perform the AML audit.
質問 # 243
A compliance officer is tasked with implementing an enterprise-wide anti-money laundering program for a bank, which operates in multiple countries. Not all the bank products and services are available in all countries.
Which three factors should be considered as part of the approach? (Choose three.)
- A. The anti-money laundering risk posed by the products and services offered by the bank
- B. The extent of anti-money laundering regulations in the various countries
- C. The types of customers serviced by the bank
- D. The amount of resources needed to implement the anti-money laundering program in the countries
- E. The customer onboarding platform that will be used
正解：A、B、C
解説：
A compliance officer should consider the following three factors as part of the approach to implement an enterprise-wide anti-money laundering program for a bank that operates in multiple countries:
* The types of customers serviced by the bank: Different types of customers may pose different levels of money laundering risk, depending on their nature, source of funds, geographic location, transaction patterns, and other factors. A compliance officer should identify and assess the money laundering risk associated with each customer type and segment, and apply appropriate due diligence measures, monitoring systems, and risk mitigation strategies accordingly12.
* The extent of anti-money laundering regulations in the various countries: A compliance officer should be aware of the legal and regulatory requirements and expectations for anti-money laundering compliance in each country where the bank operates, and ensure that the bank's policies and procedures are consistent with them. A compliance officer should also monitor any changes or updates in the anti- money laundering laws and regulations in the various countries, and adjust the bank's program accordingly34.
* The anti-money laundering risk posed by the products and services offered by the bank: Different products and services may have different features and functionalities that could be exploited by money launderers, such as anonymity, cross-border transfers, cash transactions,complex structures, or new technologies. A compliance officer should evaluate the money laundering risk associated with each product and service offered by the bank, and implement appropriate controls, safeguards, and oversight mechanisms to prevent and detect money laundering activities5 .
1: ACAMS, CAMS Study Guide, 6th Edition, Chapter 2: Risk Assessments
2: FATF, Guidance for a Risk-Based Approach: The Banking Sector
3: ACAMS, CAMS Study Guide, 6th Edition, Chapter 3: Compliance Standards for Anti-Money Laundering (AML) and Combating the Financing of Terrorism (CFT)
4: Deloitte, AML Program Effectiveness Reform
5: ACAMS, CAMS Study Guide, 6th Edition, Chapter 4: AML Program Design
[6]: OCC, Money Laundering: A Banker's Guide to Avoiding Problems
質問 # 244
Combating the Financing of Terrorism (CFT)]
Which information should be gathered as part of enhanced due diligence (EDD) for a high-risk customer?
- A. Personal references
- B. Details on individuals with control over the account
- C. Explanations for changes in marital status
- D. Plans for traveling in business trips
正解：B
解説：
According to the CAMS Study Guide, EDD is a higher level of scrutiny applied to customers who pose a greater risk of money laundering or terrorist financing. EDD may include obtaining additional information on the customer's identity, source of funds, businessactivities, beneficial owners, and expected transactions.
Details on individuals with control over the account are relevant for EDD, as they may indicate the involvement of politically exposed persons (PEPs), sanctioned individuals, or other high-risk entities.
Therefore, this information should be gathered as part of EDD for a high-risk customer.: CAMS Study Guide, 6th Edition, Chapter 4, page 121.
Reference: https://sanctionscanner.com/knowledge-base/customer-due-diligence-cdd-15
質問 # 245
A United States (U.S.) bank was recently alerted by law enforcement of an increase in sale of large denomination U.S. bank notes to casas de cambio. They suspect that a Mexican syndicate is operating a money laundering scheme in the bank's jurisdiction.
Which two steps should be taken to trace funds through the bank to assist law enforcement in their investigation? (Choose two.)
- A. Identify if there is a decrease in the sale of large denomination U.S. bank notes to casas de cambio by the bank
- B. Identify multiple wire transfers initiated by casas de cambio to jurisdictions outside of Mexico that bear no apparent business relationship with that casa de cambio
- C. Identify deposits by casas de cambio that include third-party items including sequentially numbered monetary instruments
- D. Identify the money laundering scheme and submit a suspicious transaction report
正解：A、B
質問 # 246
An accounting firm opened an account at a bank that is intended to be used as the operational account for the business. After a few months, a comprehensive review of the account was triggered due to unusual activity on the account. Which most likely triggered the review?
- A. The account receives international payments that are substantially higher than other fees they typically receive.
- B. The account receives international wires from companies in the Middle East where the accounting firm has several branches.
- C. The account receives several payments a day from multiple customers who operate in different industries.
- D. The account sends monthly donations to several charities that operate in the same communities as the accounting firm.
正解：A
解説：
this activity is unusual and inconsistent with the expected behavior of an accounting firm's operational account. The account should normally receive fees from clients that are proportional to the services rendered and reflect the market rates. Receiving international payments that are substantially higher than other fees could indicate that the account is being used to launder money or finance terrorism by disguising illicit funds as legitimate income. This could trigger a red flag for the bank and prompt a comprehensive review of the account.
ACAMS Study Guide 6th Edition, Chapter 1, Section 1.6, page 24: "Methods to launder money used in banks and other deposit taking institutions".
ExamTopics, Question 446: "An accounting firm opened an account at a bank that is intended to be used as the operational account for the business. After a few months, a comprehensive review of the account was triggered due to unusual activity on the account. Which most likely triggered the review?"
質問 # 247
A local law enforcement officer notifies the bank compliance officer that he is working on an insurance fraud scheme that appears to be running transactions using the account of a bank employee. The law enforcement officer refers to a kiting suspicious transaction report filed by the compliance officer and requests further information.
What action should the compliance officer take?
- A. Provide the information to the law enforcement in response to a formal written request
- B. Inform the board of directors
- C. Allow access to the bank's documents immediately
- D. Call the employee and demand an explanation
正解：A
解説：
Explanation
"Following the filing of the STR, the responsible compliance officer or designee may decide to contact a particular law enforcement division to notify it of the recent filing to make it aware of activity relevant to its area of coverage or geographical location. Moreover, a law enforcement agent may contact the financial institution that filed the STR **seeking the underlying information used in the investigation that resulted in the STR.**"
質問 # 248
According to the European Union Money Laundering Directives, "knowledge, intent or purpose"' required as an element for money laundering may be inferred from
- A. Objective factual circumstances.
- B. Objective non-factual circumstances.
- C. Subjective non-factual circumstances.
- D. Subjective factual circumstances.
正解：A
解説：
According to Article 1(3) of Directive (EU) 2015/849 (4th Anti-Money Laundering Directive, 4AMLD),
"knowledge, intent or purpose" required as an element for money laundering may be inferred from objective factual circumstances. This means that the prosecution does not need to prove the actual state of mind of the offender, but can rely on the evidence of the surrounding facts and circumstances that indicate the offender's awareness or intention to launder money. This is consistent with the approach of the Financial Action Task Force (FATF), which defines money laundering as the intentional act of concealing or disguising the origin of criminal proceeds.
:
Directive - 2015/849 - EN - Fourth Anti-Money Laundering Directive - EUR-Lex, Article 1(3).
Preventing abuse of the financial system for money laundering and terrorist financing, Summary.
New Directive on Criminalisation of Money Laundering - eucrim, Introduction.
質問 # 249
A businessman requests a European private bank to open a numbered or alternate name account. According to the Basel Committee on Banking Supervision principles, which of the following is the most important question the banker should ask?
- A. How much money will be deposited into the account?
- B. Who will inherit the proceeds in the event of the businessman's death?
- C. What account-opening date should I record'!'
- D. Who will control the account?
正解：D
解説：
According to the Basel Committee on Banking Supervision principles, the most important question the banker should ask when opening a numbered or alternate name account is who will control the account. This is because such accounts pose a higher risk of money laundering and terrorist financing, as they can be used to conceal the identity and beneficial ownership of the funds. Therefore, the banker should perform enhanced due diligence and verify the identity and source of funds of the person who has the authority to operate the account, as well as the purpose and nature of the business relationship12 The other questions are less relevant or secondary to the issue of control. The inheritance of the proceeds in the event of the businessman's death is a matter of succession law and does not affect the identification of the beneficial owner. The amount of money deposited into the account may indicate the level of risk, but does not reveal the origin or destination of the funds. The account-opening date is a procedural detail that does not affect the compliance with the anti-money laundering and counter-terrorist financing standards12 Reference:
1: Basel Committee on Banking Supervision - Core principles for effective banking supervision, 2012, Principle 14 and Essential Criterion 14.1
2: Basel Committee on Banking Supervision - Sound management of risks related to money laundering and financing of terrorism, 2014, Paragraphs 30 and 31
質問 # 250
Which situation is the highest risk fr money laundering and terrorist financing activity?
- A. A customer purchases casino chips and engages in significant game play before requesting a casino check for the remainder
- B. A customer purchases casino chips using a credit card and engages in minimal game play before redeeming the chils for a casino check
- C. A customer purchases casino chips, using small denomination bank notes, but does not engage in game play before redeeming the chips for a casino check
- D. A customer purchases casino chips using credit from an account at an affiliated casino and engages in significant game play before redeeming the chips for a casino check
正解：A
質問 # 251
Combating the Financing of Terrorism (CFT)]
Which of the followingare risk factors a financial institution should examine when onboarding a new corporate customer? (Select Three.)
- A. Thetype of businessthe corporate customer is engaged in.
- B. Theemployment profilesof all employees of the new customer.
- C. Thecountry or location where the customer is from or conducts business.
- D. All thefinancial institutions where the new customer currently banks or has banked previously.
- E. Theidentity of senior managing officials and all individuals authorized to operate the account.
正解：A、C、E
解説：
When onboarding a corporate customer, financial institutions mustconduct due diligence to assess potential AML risks.
* Option A (Correct):Understanding thenature of the businesshelps identifyhigher-risk industries(e.g., casinos, cryptocurrency exchanges, cash-intensive businesses).
* Option D (Correct):Identifyingsenior managing officials and account signatorieshelps verify the true control and ownership of the company.
* Option E (Correct):Jurisdictional risk assessmentis key, especially if the company is from aFATF- listed high-risk country.
Why Other Options Are Incorrect:
* Option B (Incorrect):Theemployment profiles of all employeesarenot relevantunless they have a direct role in financial transactions.
* Option C (Incorrect):A company'sbanking history is not always relevant, unless there arered flags of prior financial crime involvement.
Best Practices for Corporate Customer Onboarding:
* Verify beneficial ownership structuresto detect potential shell companies.
* Conduct enhanced due diligence (EDD) for high-risk industries and jurisdictions.
* Ensure ongoing monitoring of corporate customers.
Reference:
FATF Recommendation 10 (Customer Due Diligence)
6th EU AML Directive (6AMLD) on Corporate Due Diligence
Wolfsberg Group Guidance on Corporate Customer AML Risk Management
質問 # 252
Combating the Financing of Terrorism (CFT)]
A local law enforcement officer notifies the bank compliance officer that he is working on an insurance fraud scheme that appears to be running transactions using the account of a bank employee. The law enforcement officer refers to a kiting suspicious transaction report filed by the compliance officer and requests further information.
What action should the compliance officer take?
- A. Provide the information to the law enforcement in response to a formal written request
- B. Inform the board of directors
- C. Allow access to the bank's documents immediately
- D. Call the employee and demand an explanation
正解：A
解説：
the compliance officer should cooperate with the law enforcement investigation, but only after receiving a formal written request that specifies the scope and purpose of the information sought. This is to ensure that the compliance officer complies with the legal and regulatory obligations of the bank, such as confidentiality, privacy, and data protection. The compliance officer should also document the request and the information provided, and report the incident to the senior management and the board of directors as appropriate.
:
FFIEC BSA/AML Assessing the BSA/AML Compliance Program - BSA Compliance Officer, section "BSA Compliance Officer", paragraph 3: "The BSA compliance officer is responsible for ensuring that the bank's BSA/AML compliance program is implemented effectively, including timely updates in response to changes in regulations or business activities, and for managing all aspects of the BSA/AML compliance program. The BSA compliance officer is also responsible for ensuring that the bank's BSA/AML compliance program is communicated to all personnel and that adequate training is provided to appropriate personnel." Guidelines on the role of AML/CFT compliance officers, section "Guidelines on the role of AML/CFT compliance officers", paragraph 36: "The AML/CFT compliance officer should ensure that the institution cooperates with the competent authorities, including by providing them with all the information they require in a timely manner, in accordance with the applicable legal and regulatory framework." Anti-Money Laundering Compliance Officer Job Description, section "Responsibilities of an AML Compliance Officer", bullet point 6: "Cooperate with law enforcement and regulatory bodies as required."
質問 # 253
The compliance officer for a bank is reviewing on-boarding documents for a new business account for a domestic corporation. The officer is unable to verify the identity of the beneficial owners of the company.
Only
information on the nominee owners was provided, and none of the listed addresses are local. The purpose of the business and future expected activity were disclosed to include cash letters, money orders and international remittance transfers.
Which red flag identifies a heightened money laundering risk?
- A. The nature and purpose of the business include international remittance transfers
- B. The names provided at account opening are identified as the corporation's representative nominees
- C. Expected activity was advised to include cash letter and money orders
- D. Account signer's government issued identification lists addresses outside of where the branch account was opened
正解：B
解説：
According to the ACAMS Study Guide 6th Edition, Chapter 2, page 37, one of the red flags of money laundering or terrorist financing is the use of nominees, trusts, or third parties to hide the identity, ownership, or control of the funds or assets involved in the transaction. Nominees are individuals or entities that act on behalf of the actual or beneficial owners of a company, trust, or account, and may be used to conceal the source, destination, or purpose of the funds or assets. Nominees may also be used to evade taxes, sanctions, or regulatory requirements.
In this case, the compliance officer is unable to verify the identity of the beneficial owners of the company, and only information on the nominee owners was provided. This raises the suspicion that the company may be involved in money laundering or terrorist financing activities, and that the nominee owners may be acting as fronts or intermediaries for the actual or beneficial owners. The compliance officer should conduct further due diligence on the company, the nominee owners, and the beneficial owners, and report any suspicious or unusual activity to the relevant authorities.
References:
ACAMS Study Guide 6th Edition, Chapter 2, page 37
Beneficial Ownership Meaning and Regulation - Investopedia
What is a nominee shareholder? | LawBite
質問 # 254
Which of the following are potential financial crime-related red flags when obtaining client data? (Choose three.)
- A. The client is a publicly listed company but very diversified
- B. A client insists on using a personal bank account for business transactions despite being advised otherwise
- C. A new client shows a preference for minimal direct interaction and relies primarily on indirect communication methods, citing convenience or time constraints
- D. A client frequently submits financial statements much earlier than required appearing overly eager
- E. The ultimate beneficial ownership is unclear
正解：B、C、E
解説：
Red flags include using personal accounts for business transactions (which can obscure fund tracing), preferring minimal direct interaction (potentially avoiding scrutiny), and unclear ultimate beneficial ownership (which can conceal the true controllers of the entity and facilitate illicit activity).
質問 # 255
A law enforcement agent calls a bank anti-money laundering investigator for supporting information about a suspicious transaction report that was filed the previous month.
How should the investigator respond?
- A. Refer the agent to the bank's compliance officer
- B. Share the requested information during the telephone call
- C. Send the information to an address provided by the agent
- D. Require a search warrant before releasing the information
正解：A
解説：
A U.S. bank must block or reject an international funds transfer when there is an OFAC designated party to the transaction, regardless of the beneficiary or the correspondent bank. This is because the U.S. bank is prohibited from dealing with any person or entity that is on the Specially Designated Nationals and Blocked Persons List (SDN List) or subject to any other OFAC sanctions program1. The SDN List includes individuals, groups, and entities, such as terrorists and narcotics traffickers, that are designated under programs that are not country-specific2. The U.S. bank must also report any blocked or rejected transactions to OFAC within 10 business days3.
質問 # 256
the Financing of Terrorism (CFT)]
The branch manager notices that a number of customers come in weekly and always use the same teller to process their deposits. The manager notices that the customers and the teller, who are from the same ethnic group, are speaking in a foreign language and every once in a while the customers from local ethnic restaurants will bring the teller lunch. The commercial customers that visit the teller generally deposit the same amount of cash each time they come in.
How should the branch manager respond to this activity?
- A. Transfer the teller to another branch
- B. Encourage the teller to bring in more business from the ethnic community
- C. Suggest to the teller to send the customers to other tellers to avoid the opportunity for collusion
- D. Conduct further investigation before taking any other action
正解：D
解説：
The branch manager should conduct further investigation before taking any other action, as this activity may indicate possible money laundering or fraud. The branch manager should review the transaction records of the customers and the teller, and look for any unusual or suspicious patterns, such as large or frequent cash deposits, round amounts, structured transactions, or inconsistent information. The branch manager should also interview the teller and the customers, and ask them about the nature and purpose of their relationship, the source and use of funds, and the reason for choosing the same teller. The branch manager should document the findings and report any suspicious activity to the appropriate authorities, if necessary.
:
CAMS Study Guide, 6th Edition, Chapter 3, Section 3.21
CAMS Study Guide, 6th Edition, Chapter 4, Section 4.21
CAMS Exam Questions and Free Practice Test, Question 322
質問 # 257
A benefit of using bearer shares in corporate formations is that bearer shares are:
- A. entered in the register of owners.
- B. easily transferred so the holder claims ownership.
- C. widely accepted in the financial world.
- D. associated with lower costs in setting up a company.
正解：D
解説：
Reference: https://www.investopedia.com/terms/b/bearerform.asp
質問 # 258
Which is a key characteristic of the Financial Action Task Force (FATF) Regional Style Bodies for combatting money laundering/terrorist financing?
- A. Emphasizing regional co-operation between member countries
- B. Instructing each member country to place FATF recommendations into law
- C. Implementing regional mutual evaluation procedures
- D. Enabling FATF standards to be specific to each region
正解：C
解説：
Explanation
According to the CAMS study guide, the Financial Action Task Force (FATF) Regional Style Bodies are organizations created by the FATF to promote the implementation of anti-money laundering and countering the financing of terrorism (AML/CFT) measures in specific regions. One of the key characteristics of these bodies is the implementation of regional mutual evaluation procedures.
Regional mutual evaluations involve member countries evaluating each other's AML/CFT regimes to identify strengths and weaknesses and to develop best practices for improvement. This process allows for greater cooperation between countries and can help to identify and address regional AML/CFT risks more effectively.
It also promotes consistency in AML/CFT standards and practices within the region.
質問 # 259
The bank's internal financial intelligence unit (FIU) has reviewed activity related to a politically exposed person (PEP); the activity in the account contains a large, round number, one time wire to an obscure organization. Which would not be a sufficient reason to file a SAR/STR?
- A. Maintain the bank's reputation
- B. Beneficiary is largely unknown
- C. Wire is a large amount
- D. Customer activity is unreasonable
正解：D
質問 # 260
Which method is indicative of potential money laundering and terrorist financing activity?
- A. An unknown client purchases multiple monetary instruments for one person during the course of one day
- B. An unknown client pays $1,000 in cash for an urgent transfer to a high risk country
- C. A commercial client in the export business regularly receives wire transfers from high risk countries
- D. Client converts 500 Euro in mixed denomination notes to small denomination U.S. bills in a single transaction
正解：B
解説：
This method is indicative of potential money laundering and terrorist financing activity because it involves several red flags, such as:
The use of cash, which is anonymous and difficult to trace
The urgency of the transfer, which may suggest a need to move funds quickly before they are detected The destination of the transfer, which may be a high risk country with weak anti-money laundering (AML) and counter-terrorism financing (CTF) controls or sanctions The lack of information about the client and the beneficiary, which may indicate a lack of due diligence or customer identification These factors may indicate that the client is trying to conceal the source, ownership, or purpose of the funds, or that the funds are related to illicit activities such as money laundering or terrorist financing.
Reference:
ACAMS CAMS Certification Video Training Course1, Module 2: Money Laundering Risks and Methods, Lesson 2.2: Money Laundering Methods ACAMS CAMS Study Guide, 6th Edition2, Chapter 2: Money Laundering Risks and Methods, Section 2.2: Money Laundering Methods, pp. 35-36 ACAMS CAMS Examination Preparation Seminar, 6th Edition3, Chapter 2: Money Laundering Risks and Methods, Section 2.2: Money Laundering Methods, Slide 14
質問 # 261
What kind of person should perform the independent testing of an institution's anti-money laundering program?
- A. A retired government regulator or federal law enforcement officer
- B. A person who reports directly to the Board of Directors or a Board Committee
- C. A certified specialist in the anti-money laundering field
- D. A former anti-money laundering officer from a similar institution
正解：B
解説：
According to the Anti-Money Laundering Specialist (the 6th edition) by ACAMS, the independent testing of an institution's anti-money laundering program should be conducted by a person who reports directly to the Board of Directors or a Board Committee. This ensures that the person conducting the testing has the necessary authority, independence, and objectivity to evaluate the program's adequacy and effectiveness, and to report any findings or recommendations to the senior management1. The person conducting the testing should also have the appropriate knowledge, skills, and experience in the anti-money laundering field, and should be familiar with the institution's products, services, customers, and risks2.
The other options are not necessarily suitable or qualified to perform the independent testing of an institution' s anti-money laundering program. For example:
* A certified specialist in the anti-money laundering field may have the relevant expertise and credentials, but may not have the required independence or reporting line to conduct the testing. For instance, if the certified specialist is an employee of the institution who is involved in the implementation or operation of the anti-money laundering program, then there may be a conflict of interest or a lack of objectivity in the testing process1.
* A former anti-money laundering officer from a similar institution may have the relevant experience and background, but may not have the current knowledge or familiarity with the institution's anti-money laundering program, policies, procedures, or systems. Moreover, the formeranti-money laundering officer may have a personal or professional relationship with the institution or its staff, which may compromise the independence or integrity of the testing process1.
* A retired government regulator or federal law enforcement officer may have the relevant authority and credibility, but may not have the specific skills or qualifications to conduct the testing. For instance, the retired regulator or law enforcement officer may not be well-versed in the latest anti-money laundering standards, regulations, or best practices, or may not be able to apply them to the institution's unique risk profile, products, services, or customers1.
:
Anti-Money Laundering Specialist (the 6th edition) by ACAMS
What Is An AML Compliance Program? | ComplyAdvantage
質問 # 262
In order to protect investigative materials from disclosure when conducting an internal Investigation of any employee of a financial institution, legal counsel of that financial should________?
- A. Let the bank hire any and all contract investigators to conduct the internal investigation. That way Legal is not a party to the action and may remain independent
- B. Not mark files or documents with privileged and Confidential: Attorney-Client Privilege and/or Work-Product. Those marks will only encourage law enforcement
- C. Refuse to provide any records or documents to law enforcement because the bank has client privilege with its bank customers
- D. Request formal company authorization to conduct the investigation. Such authorization should be granted, if possible, by the board of directors or audit committee
正解：D
解説：
According to the Anti-Money Laundering Specialist (the 6th edition) study guide, one of the best practices for conducting an internal investigation is to request formal company authorization to conduct the investigation. Such authorization should be granted, if possible, by the board of directors or audit committee, as this will help to establish the independence and legitimacy of the investigation, as well as the protection of the attorney-client privilege and the work product doctrine1. The other options are incorrect because:
* B. Refusing to provide any records or documents to law enforcement may be seen as obstructing justice
* or violating regulatory obligations, and may also result in the loss of the privilege or the imposition of sanctions or penalties23.
* C. Letting the bank hire any and all contract investigators may compromise the quality and integrity of the investigation, as well as the protection of the privilege or the work product doctrine, as the investigators may not be properly supervised or instructed by legal counsel, or may not be covered by the Kovel doctrine45.
* D. Not marking files or documents with privileged and confidential: attorney-client privilege and/or work-product may undermine the claim of the privilege or the work product doctrine, as it may indicate that the materials were not prepared for the purpose of seeking or providing legal advice or in anticipation of litigation, or that they were not intended to be kept confidential67.
References:
* 1: ACAMS, CAMS Certification Package - 6th Edition, Chapter 5, page 150
* 2: ACAMS, CAMS Certification Package - 6th Edition, Chapter 5, page 151
* 3: Perkins Coie, Protecting Internal Investigation Materials From Disclosure, Updates, August 10, 2020
* 4: ACAMS, CAMS Certification Package - 6th Edition, Chapter 5, page 150
* 5: Eversheds Sutherland, Legal privilege of corporate internal investigations under US law - 2019 caselaw update, JDSupra, December 20, 2019
* 6: ACAMS, CAMS Certification Package - 6th Edition, Chapter 5, page 150
* 7: Norton Rose Fulbright, Internal investigations: when does privilege apply?, Global law firm, September 11, 2018
質問 # 263
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