When Jennifer Shasky-Calvery, at the time the director of the Financial Crimes Enforcement Network (FinCEN), addressed attendees at G2E 2013, she brought a stern message to the industry. She called for a complete culture change in the industry with a dedication to rooting out financial crimes… or else.
Since then, Bank Secrecy Act (BSA) and anti-money laundering (AML) compliance shortcomings have caused FinCEN to bring some civil and criminal enforcement actions against licensed casinos. To illustrate, of FinCEN’s five enforcement actions in 2016 to date, three came against casinos. This followed four FinCEN enforcement actions against casinos in 2015. So what will 2017 bring to the casino industry with respect to BSA/AML enforcement?
On October 3, 2016, FinCEN Acting Director Jamal El-Hindi blogged about FinCEN’s desire that casinos promote a “culture of compliance” with respect to BSA/AML issues. The post came just a day after a multimillion-dollar civil penalty against one Nevada casino and three months after another multimillion-dollar civil penalty against a casino based in Hawaii. Despite the penalties, El-Hindi wrote that casinos continue to improve their AML compliance efforts, noting that in 2010 casinos filed less than 14,000 SARs, but that by 2015, casinos had filed almost 50,000 SARs.