Anyone know anything about CWP background checks?

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dukeofurl

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I went to the infernal bank last Friday.

The "Too long, didnt read"/cliff notes version is below.

Girl went to vault to get money - I noticed her holding "Diebold" business card. Came back and left combination to safe facing me. I wrote it down and called the branch manager to report it. She said the usual rhetoric and thanked me for my concern. I said in jest that if she wished to thank me, she should lower some items on the fee schedule.

The branch manager spoke to me in her office, she said what I did was "wrong" and a "major security violation". Read: I'm the criminal here.
She also claimed that I was guilty of blackmail and extortion as I purportedly blackmailed the bank with my comment on their fees. She declined to press charges because "I was their customer", however she also filed a Suspicious Activity Report on me (In english: SUSPECTED BANK ROBBER) to FINCEN, which means uncle sam has a nice neat little report of me outsmarting the bank. On the manager's desk were pictures of me printed out from the security cameras.

My question: How the !$#$!(%! is this going to affect the TONS of background checks that will be inevitably performed on me by NCIS, et al through the course of my life?

Oh, and I'm already thinking about suing them for defamation of character.
 
If I was the bank manager I would be pretty annoyed with my staff for such a security breach, but the way you present it, you sound like you tried to rattle their cage a bit. If you actually wrote the number down and called the manager and said you have the number, I am not surprised at all that she considers you to be a suspicious person. You sound like you got on her badside and she is now "showing you" what's what.

All you had to say is " one of your employees is being a bit careless with the combination, I thought you should know", not "I have the number to the safe, your employee screwed up, the number is XYZ. You can thank me by giving me a discount".

JM
 
Girl went to vault to get money - I noticed her holding "Diebold" business card. Came back and left combination to safe facing me. I wrote it down and called the branch manager to report it. She said the usual rhetoric and thanked me for my concern. I said in jest that if she wished to thank me, she should lower some items on the fee schedule.

The branch manager spoke to me in her office, she said what I did was "wrong" and a "major security violation". Read: I'm the criminal here.
She also claimed that I was guilty of blackmail and extortion as I purportedly blackmailed the bank with my comment on their fees.
This is not legal advice.

Extortion and blackmail require the threat of disclosure. If what you say is true, you did not threaten to disclose it.

Get a lawyer's advice. If the bank wants to be an ass about it, bring it.

I seriously doubt it will affect background checks. If you aren't convicted of anything, what can they do?

Then switch to a credit union.

-z
 
I just went through something similar to this, involving my soon to be ex-wife. After an argument, I went out to the drive way to dig dirt off the drive way that washed down during the last rain. The cops came and picked me up, even though I was the one that left the house and the argument behind fo do some yard work.

I remember the police said the suspect was standing in the driveway with a shovel in his hands. (as if I were about to take on their guns with it.)

Any way the charges were dismissed and my records should have been cleared. Two weeks ago I tried to buy a handgun and got delayed. I was pissed but had to wait eight days. obviously my record had not been cleared like it shoud have been.

I can't afford a lawyer, so I'm having my Congressman look into it with a freedom of information act, so I can see what the report actually says and get it fixed. This is something commonly done by Congressman and may be an option to keep in mind.
 
I never said I had the digits to the manager.

My phone call actually was of the "one of your employees is being a bit careless with the combination, I thought you should know" conversations.
 
"Suspicious Activity Report"

You sure this is nothing more than a suspect transaction report?

They are trying to intimidate you.

I suggest you post the number on the internet as well as the name, address of the bank and name of manager.

One other thing to remember in banking is there is always another boss. (S)he is trying to intimidate you. Report them to their boss.

Then use a credit union.
 
Why did you even get involved? Trying to save the world?
 
While that wasn't the smoothest move possible on your part , I wouldn't be too worried . Pretty much an SAR is to report money laundering or fraud : for example , if someone deposits just under the $10,000.01 daily that needs to be reported to the Feds , then a bank teller or manager can file a suspicious activity report for the IRS to take notice . If you want , you can go to the IRS website and download the form but no , SAR doesn't mean Suspected Armed Robber .
 
SUE ROVR is right and you should go to the manager's boss and report her. You were not "guilty" of anything and they didn't press charges because you did nothing but point out their poor security.

What is this SAR report anyway and who does it go to? The police or just their bank? I would be screaming mad if my bank filed this report on me - and I'd definitely be doing something about it. If her boss and that boss's boss can't do anything about the report (if it was indeed filed) then I'd see a lawyer. I would not let this pass, and I definitely wouldn't be their customer any longer. I'd of yanked my money out of there the minute the manager got done talking.
 
Suspicious Activity Report - allows the bank to report you for *ANYTHING* suspicious to FINCEN, Financial Crimes Enforcement Network, a division of the US Treasury.

All this thanks to the Bank Secrecy Act!

If you thought the Patriot Act was bad, you havent seen nothing yet.

I wrote a letter. Here it is.

Dear Bank CEO:

My name is DT. I write to you today in order to resolve a standing complaint regarding an incident that occurred in your X branch last week, October 29th. As you may already be aware, I am an account holder with your institution and I have been doing business with X many years without complaint. I was a satisfied customer until last week.

In my own words, I would like to inform you of my view regarding the date in dispute. At approximately 2PM, I was making a substantial currency withdrawal in the lobby. The teller informed me that a short wait would be necessary to retrieve my specified denomination of bills from storage. I noticed a sheaf of business cards rubber banded together printed with the Diebold corporate logo facing me in the teller’s hand. As I am a knowledgeable participant in Wall Street finance, I recognized that Diebold is a major manufacturer of financial security infrastructure and that the combination to currency storage may be written down on this card. Initially I dismissed this thought, as I could not suppose that X National Bank would engage in a practice as silly as writing down a combination to such an important storage area. It is also my understanding that having any combination written down is a violation of federal regulations for national banks governed by the Office of the Comptroller of Currency.

When the teller came back, I realized how wrong I was. The sheaf of cards was placed on the counter, with a preprinted business card allowing for the handwritten combination and number of turns to be recorded - facing towards me with all the blanks filled in. I noted the exact combination on a currency envelope so that I could contact X administrative staff via telephone during my running of errands to avoid a potential scene in the lobby with other customers present. About 5 minutes later, I contacted the main switchboard and informed them of the problem. They forwarded me to the branch manager who confirmed my identity with the exact dollar amount of my withdrawal and informed me that the instance was under control and that all necessary steps would be taken as it was a “training issue†– she also thanked me for the call. In jest, I pointed out that if X wished to thank me they should lower certain service fees.

Later that day I returned to the branch to conduct another transaction at which point I noticed the teller who made the mistake in the branch manager’s office. I inquired on whether or not the teller was being reprimanded for the error whereupon my presence was requested in the manager’s office. Immediately I noticed my account information on her unguarded computer screen and printed pictures of myself on her desk. The manager immediately went into a diatribe describing how large a mistake was committed on my part and that the specific telephone conversation incorporated a felonious act of blackmail upon which I was guilty and should have been prosecuted to the fullest extent of the law – but was not simply because I was a “bank customerâ€. I was also reprimanded for noting the combination. I did so due to my awareness in that your organization receives a number of fabricated claims from customers daily and I did not believe that I would be taken seriously if I did not make a notation of the teller’s error.

I am familiar with the legal definition of blackmail and blackmail requires the threat of disclosure. I have never threatened to disclose the combination to “Locker B†and I resent any allegation of blackmail or extortion. Knowing this, I considered the manager’s allegation to be baseless, in that if her claim held water I would be charged with a felonious offense by the proper authorities. I was not in the mood to argue with the manager who had apparently made up her mind as to what the legal definition of blackmail was – and I informed her that if I made a mistake, I apologize and that X should be more careful next time.

I also pointed out to the manager that she laughed when I suggested that X thank me for taking time out of my schedule to point this out by lowering certain fees, upon which she maintained that she had customers in front of her at the time and was forced to laugh by default. I neglected to ask her why she announced that I withdrew ten thousand dollars in cash in front of other bank customers and if that was another security breach that needs to be worked on. The manager also noted that this instance was extensively photographed and that I would be reported to several different institutions due to my documentation of the incident.

My basic grievance is that by pointing out an error in operations, I have been judged as a common criminal and lectured about how wrong it is to point out a mistake. To speak freely, the last time I recall being spoken to in such a manner was when I was six years old. I disagree with the way the situation was handled, especially the baseless allegations that I extorted X National Bank. This incident leaves me with the distinct impression that I have been made the subject of a Suspicious Activity Report that has been submitted to FINCEN with allegations of extortion, blackmail, and possibly other specious claims all because a manager did not like the fact that I crudely pointed out a mistake. I do apologize for any misunderstanding when I criticized the fees being charged to myself and other account holders, however I sincerely believe that the manager understood the statement was in jest.

My purpose of this letter is to settle this matter in a mutually agreeable fashion. I like to think that my account has been a somewhat valuable asset in the recent years and I would not like to have to take my account elsewhere as a result of this incident. I feel that any report or allegation to FINCEN from X National Bank of impropriety ensuing from my documenting an institution error is a very grievous mistake. I believe this will impair my ability to clear future background checks or security clearances initiated by an employer as well as those from state and federal governments regarding my prospective entry and licensure into the Alcohol, Tobacco, and Firearms industries. I also feel that the allegations of misconduct and suspicious activity are an intimidation tactic solely contrived to discriminate and harass me for my exposure of institution errors.

The full retraction and elimination of any reports submitted alleging misconduct or suspicious activity on my behalf to FINCEN would satisfy me in this matter. I believe that your position in your organization affords enough credence to properly expedite this request in a timely fashion and is vital in the restoration of my privacy and the soundness my character and my background.

If we cannot settle this in confidence, I am prepared to take any action I deem acceptable to reach satisfaction in this matter. I anxiously await your response.

DT.
 
Oh, and here's the legal definition of extortion.

836.05 Threats; extortion.--Whoever, either verbally or by a written or printed communication, maliciously threatens to accuse another of any crime or offense, or by such communication maliciously threatens an injury to the person, property or reputation of another, or maliciously threatens to expose another to disgrace, or to expose any secret affecting another, or to impute any deformity or lack of chastity to another, with intent thereby to extort money or any pecuniary advantage whatsoever, or with intent to compel the person so threatened, or any other person, to do any act or refrain from doing any act against his or her will, shall be guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 
If we cannot settle this in confidence, I am prepared to take any action I deem acceptable to reach satisfaction in this matter.

Not being a lawyer or a bank-droid this is the only line of your letter that raises a red flag to me.

THAT sounds almost like a threat... not one of legal redress but one of exposing them to ridicule publicly or perhaps taking violent action if one reads between the lines hard enough.

Charles
 
I just read outofbattery's suggested website and found this lovely tidbit:

Disclosure Prohibited
MSBs and their employees are prohibited from disclosing to a person involved in the transaction that a suspicious activity report has been filed. Further, each MSB or MSB employee is protected from civil liability for any SAR filed.

If I read Duke's words correctly the bank-droid-in-charge just violated federal regs by telling Duke that he was a named party on one of these reports.

They are digging their hole deeeeeper!

Charles
 
Suspicious Transaction Report

I worked in the armored courier industry for over fifteen years. I have around bankers, listened to what was going on, asked questions and listened. On the job I had this exact thing happen, except it was to the vault door. I handed it back, and the woman was total horrified that she had goofed up so bad. I did not tell anyone, until now, and no harm was ever done.

First, a Large Transaction report is made out on anyone who deposits or withdraws more than $10,000 a day. This is even for cash businesses. The rule can be modified if you continually report more than $10,000 a day. The IRS/FED will notify the bank of a new thresh hold amount. The IRS/FED gets tons of these reports. They are very rarely looked into, unless they have reason to look into your affairs. If you had already drawn out $10,000 that day and you had any other cash transaction, a Large Transaction report or Suspicious Transaction Report a would be made out because of that transaction.

Second, a Suspicious Transaction Report is made out on any one who does anything that is or can be thought of as suspicious. The IRS/FED looks into each and everyone one of these reports. Just asking how much you can take out before a Large Transaction report is made out is one of the examples of when to issue a Suspicious Transaction Report.

Finally, if you want to take this to the next higher level, you could inform the Audit Division of your local Federal Reserve Bank. By your telling the manager the combination you might have given her both the “A†and “B†combinations and access into that safe. The Federal Reserve Bank might schedule a surprise audit or just note it for the next audit.
 
duke,

As has been noted, you have not done anything illegal. The manager is trying to intimidate you in order to cover her own @ss. In addition to the Federal Reserve, the FDIC would probably want to know of this. They are the ones who will probably have to cover the loss if someone were to walk away with all of that money because some employee left the combination to the safe laying around.
 
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