Answer:
Regardless of the TIN on the account, the account is owned and controlled by the attorney. Thus the attorney is one of the persons on whose behalf the transaction was completed, and the attorney (or the law firm, if it's not a sole proprietorship) appears in a Section A entry on the CTR. Be certain to use the attorney's or firm's TIN, not the TIN on the account.
As you imply in your question, you already know that the attorney's client or clients are also parties on whose behalf the transaction was completed, and each of those clients should be included in a separate Section A entry. You or an officer of your bank (I recommend this be handled by someone with an appropriate level of clout) can direct the attorney to an administrative ruling issued by the Treasury Department on 12/21/1989, contained in Appendix A to 31 CFR Part 103. It's Administrative Ruling 89-5, in which Example 3 discusses a $50,000 cash deposit to a law firm's trust account, and the cash was received by the law firm from three of its clients.
If the attorney continues to balk, your or the bank officer can suggest that the attorney research Sections 103.59 and 103.63 of 31 CFR Part 103, which prohibit anyone from knowingly causing an incomplete CTR to be filed, and provide for penalties for those who do.
If you are still unable to obtain the clients' information from the attorney, you should file a paper CTR with a cover letter explaining the reason that Section A entries are incomplete. In addition, because the $5,000 dollar threshold has been exceeded, you should file a SAR naming the reluctant attorney as your suspect.
First published on BankersOnline.com 4/13/09
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