FOR IMMEDIATE RELEASE CIV FRIDAY, MARCH 29, 1996 (202) 616-2765 TDD (202) 514-1888 NEW JERSEY BANK FINED $150,000 FOR BANK SECRECY ACT VIOLATIONS WASHINGTON, D.C. -- A federal judge has ordered a New Jersey bank to pay a $150,000 civil penalty for failing to notify the Internal Revenue Service of 15 cash deposits each of which exceeded $10,000, the Departments of Justice and Treasury announced today. Assistant Attorney General Frank W. Hunger of the Civil Division said the order by Judge Nicholas H. Politan of U.S. District Court in Newark resolves a complaint the Department filed on behalf of Treasury July 16, 1993, against Brunswick Bank & Trust Company of New Brunswick, New Jersey. Politan signed the order Thursday. "Brunswick Bank & Trust had a duty and obligation to report these transactions to the IRS," said Hunger. "Today's court order should be a signal to other financial institutions that they have the same responsibility and will be held accountable if they fail to do so." Treasury's Financial Crimes Enforcement Network (FinCEN) was advised by the Federal Deposit Insurance Corporation that on 15 occasions in the 1980's Brunswick Bank & Trust received currency deposits of more than $10,000 from one of its customers, 380 Bergen Avenue Corporation, a New Jersey corporation that leased property to a flea market. Brunswick Bank & Trust denied the complaint's allegations in this first case where Treasury was forced to seek the assistance of the Justice Department in litigating this civil penalty action. In asking the court to dismiss the complaint, the bank argued that a currency transaction report, which the Bank Secrecy Act (BSA) requires, was not needed because each of the 15 transactions involved multiple deposits of less than $10,000 although each transaction totalled more than $10,000 and was made at the same branch on the same day. The BSA is a key component of Treasury's effort to counter money laundering efforts and is administered by FinCEN. The court denied Brunswick Bank & Trust's motion, and held that the bank had a duty to report the currency transactions. Stanley E. Morris, Director of FinCen, said, "In this case of first impression, we are pleased that the court not only ordered a substantial monetary penalty, but also approved injunctive relief." In addition to the $150,000 penalty, Brunswick Bank & Trust must retain at its own expense an independent, outside auditor to review matters relating to Brunswick's compliance with the Bank Secrecy Act and is permanently enjoined from violating the Bank Secrecy Act. The BSA requires banks and other financial institutions to keep records of transactions and file currency transaction reports on currency transactions in excess of $10,000. The purpose of these records and reports is to assist the government in combatting money laundering as well as for use in civil, criminal, tax and regulatory investigations. The act also now permits Treasury to require institutions to implement anti-money laundering programs and compliance procedures and report potentially suspicious transactions to FinCEN. ##### 96-147