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#2276118 - 09/28/22 08:39 PM CTR Aggregation Question
Compliance Risk Offline
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Two cash night drops (sequential transactions) on the same business day, $5,000 deposit for ABC LLC and $6,000 deposit for XYZ LLC and both of these entities report under the same person's SSN. Our teller system is showing the person in Part 1, total amount and listing both accounts for the customer. Is this correct or how should it be reported?

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#2276148 - 09/29/22 02:15 PM Re: CTR Aggregation Question Compliance Risk
JennKK2 Offline
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i think you would have two part ones
part one customer info and SS with ABC LLC in field #8 and $5000 in and the account number
part one customer info and SS with XYZ LLC in field #8 and $6000 in and the account number

i think
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#2276150 - 09/29/22 02:52 PM Re: CTR Aggregation Question Compliance Risk
BrianC Offline
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These are disregarded entities, not sole-proprietors so they are treated as seperate persons for the purpose of aggregation rules. Consequently, we would only aggregate these transactions if (a) we have knowledge that the same person dropped off both deposits or (b) we conclude that the businesses are not being operated seperately as described in FinCEN Guidance on Aggregation for Commonly Owned Businesses.

Whether or not a CTR is required,it is appropriate to review both accounts for any history of structuring and determine if a SAR is needed.
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#2276285 - 10/03/22 09:19 PM Re: CTR Aggregation Question Compliance Risk
John Burnett Offline
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In other words, unless you know both transactions were put into the night depository by the same individual, and you are able to identify who it was (security cameras?), there is normally no basis here for combining the two cash amounts and filing a CTR.
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#2276321 - 10/04/22 05:31 PM Re: CTR Aggregation Question Compliance Risk
John Burnett Offline
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An interesting variation on your question -- What if those two deposits were enclosed in a single night deposit bag or pouch?

That would mean they were both conducted by the same individual, but you probably have no documentation of who that person is. Now, do you file a CTR? And how will you show that a single unknown individual made the deposit?

Of course, if you assume that the individual who is the sole member of the two LLCs made the deposits, you could report that individual as the conductor. But could you file the CTR without that assumption?
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#2276322 - 10/04/22 05:44 PM Re: CTR Aggregation Question Compliance Risk
BrianC Offline
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If we conclude that there is an unknown conductor, we would just check the "Night deposit" box and have two Part I's as item 2C. There would not be a 2a or 2b since we used the "excuse box." The LLCs would be listed as entities, not assumed names as Jenny suggested.
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#2276326 - 10/04/22 05:57 PM Re: CTR Aggregation Question Compliance Risk
John Burnett Offline
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Thanks, Brian. That puts a bow on this thread, I think. We have a solution (no CTR) if the bank doesn't know that the two deposits were made by the same individual and one if the bank knows they were conducted by the same person , but doesn't know who that person is (CTR with night deposit excuse box checked, and no conductor reported).

I will throw this additional thought in here -- While the bank knows there is one individual who is the sole member of both LLCs, it would be incorrect (in my view) to assume that individual made the deposits, unless they have a record (again: security camera?) of who made the drop.
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