Suspicious transaction report, question for banking-informed people

NetWareHead

THAT guy
Aug 10, 2002
5,847
154
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I'm buying my car out since the lease is expiring. I was able to secure a loan from my father who urged me to borrow the money from him instead of securing an auto loan from a bank. I am in the midst of house shopping and have been also speaking to some mortgage lenders/advisors. One piece of common advice I've heard is to not have any unsubstantiated/suspicious deposits outside your normal payroll. Mortgage lenders are looking more closely at finances and many are demanding bank statements in order to get an idea of your financial history; meaning they will inquire about anything falling outside the norm. So knowing all this, I decided to go with my dad's idea.

He mailed me a check for $13,000 and my idea was to cash the check and not deposit it in my checking account, this way an unexplained 13k won't make it on to my bank statement. My own credit union has a policy that they can't simply cash a check of this size without me depositing it. Ok, scratch that idea. The check was drawn from TD bank, my father's bank. I go to TD and they say no problem, we can cash the check. The teller informs me she has to file a suspicious transaction report. This is what I was not prepared for.

I inform the teller that I do not wish to proceed with the transaction and ask her to return my check to me. No problem and I walk out of the bank. In order to buy out my vehicle, I ended up dipping into funds earmarked for my house deposit, created a cashier's check at my credit union and used that to buy out the lease. I'm now 13k short and will plan on using my dad's loan to replenish that account and pay him back. I will see him this month and he said he can give me cash instead of a check. With this information, I went ahead and voided, then shredded the check.

My question is about these STRs. I've researched them and understand their purpose and how they are filed. I'm wondering what are the implications/consequences of having one filed. On a criminal level, I have nothing to worry about since this is a one time event and shouldn't warrant any investigation and I'm not money laundering or anything like that. I was more concerned about the IRS knowing about this money and them thinking it was income of some sort. I want to reduce any chance of being audited. I also did not want anything to interfere with me getting the best mortgage rate possible.

After all was said and done, reflecting on today's events, I felt like I was making decisions on the spot and shooting from the hip. It was the first time I ever had to deal with STR, while buying out a car and trying to maintain a positive financial history to secure a mortgage in the near future. If anyone can comment on these STRs or offer advice on what they would have done given my circumstances, please do so. Thanks...
 
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jlee

Lifer
Sep 12, 2001
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Currency transaction report is done for anything over $10k (federal law). Suspicious activity reports are different and aren't something that you would've been made aware of - I'm guessing the teller told you the wrong term.

Large deposits in a bank account shouldn't be an issue for a mortgage lender either, assuming you can prove where the funds came from. I had an ~$8k deposit in my account - showed the lender the bill of sale from a car I sold and it was a non-issue.
 
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LTC8K6

Lifer
Mar 10, 2004
28,520
1,576
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She told him about the CTR, he then canceled the transaction, probably generating an SAR.
 

NetWareHead

THAT guy
Aug 10, 2002
5,847
154
106
http://en.wikipedia.org/wiki/Currency_transaction_report

Nothing to worry about. A CTR has got nothing to do with being suspicious.

Declining or refusing because of the CTR can cause the SAR report. A report was probably filed on you.

They have no information about me to file the report. I walked in, gave the check to the teller. Asked her if she could cash it. After looking at the amount, she said yes but she needs to file the report. I asked for my check back and walked out. I do not have an account at TD bank. All in all, not even a minute at the bank.
 
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NetWareHead

THAT guy
Aug 10, 2002
5,847
154
106
Large deposits in a bank account shouldn't be an issue for a mortgage lender either, assuming you can prove where the funds came from. I had an ~$8k deposit in my account - showed the lender the bill of sale from a car I sold and it was a non-issue.

True but I would have to involve my father and claim the $ came from him if I were ever questioned about this. I would rather do it alot cleaner than needing his involvement which is my reason for going about it this way.

Plus me receiving this $ from my dad doesn't exactly generate documentation, receipt or a sales report (like you selling a car did) so it would be alot harder to substantiate unless he wrote a letter that it was a gift of some sort. Its just territory I would rather not get into
 
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Number1

Diamond Member
Feb 24, 2006
7,881
549
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What's a matter with you? It sounds like you're doing everything in your power to make a legitimate transaction look suspicious.
 

LikeLinus

Lifer
Jul 25, 2001
11,518
670
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They have no information about me to file the report. I walked in, gave the check to the teller. Asked her if she could cash it. After looking at the amount, she said yes but she needs to file the report. I asked for my check back and walked out. I do not have an account at TD bank. All in all, not even a minute at the bank.

Was the check not made out to you?
 

jlee

Lifer
Sep 12, 2001
48,518
223
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They have no information about me to file the report. I walked in, gave the check to the teller. Asked her if she could cash it. After looking at the amount, she said yes but she needs to file the report. I asked for my check back and walked out. I do not have an account at TD bank. All in all, not even a minute at the bank.

Still may be filed anyway, without your identifying information. A suspicious activity report is generated whenever something suspicious happens - refusal to conduct a transaction in order to avoid a CTR may be enough to trigger that. It doesn't necessarily mean anything bad..it's just reporting requirements.

It's been what, five or six years now since I've worked in a bank, so I'm a little rusty.
 

NetWareHead

THAT guy
Aug 10, 2002
5,847
154
106
Currency transaction report is done for anything over $10k (federal law). Suspicious activity reports are different and aren't something that you would've been made aware of - I'm guessing the teller told you the wrong term.

Well I remember her distinctly saying "suspicious" and not "currency" transaction report which is what set off the alarm bells and made me back out of the deal.
 

goog40

Diamond Member
Mar 16, 2000
4,198
1
0
What's a matter with you? It sounds like you're doing everything in your power to make a legitimate transaction look suspicious.

Lmao, this. No one cares about a $13k deposit to your account. Attempting to cash a $13k check and then canceling the transaction when you learn they're going to fill out a CTR looks shady as hell.
 

glenn1

Lifer
Sep 6, 2000
25,383
1,013
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The mortgage lender won't care about a $13k gift from your father when making the loan decision. Worst case scenario is that they'll ask your dad to sign a document agreeing it was a gift and he waives any right to seek repayment. As others have pointed out, you're going through a lot of trouble for no reason. If I were the teller, I probably would have filed a SAR report because you're exhibiting some of the textbook habits of money laundering that we're taught each year in our mandatory compliance classes.
 

jlee

Lifer
Sep 12, 2001
48,518
223
106
Well I remember her distinctly saying "suspicious" and not "currency" transaction report which is what set off the alarm bells and made me back out of the deal.

Yeah, she probably told you the wrong thing.
 

NetWareHead

THAT guy
Aug 10, 2002
5,847
154
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Yes, they most certainly do have information about you to file a report.

I'm not a customer and she had the check in her hand for 10-15 seconds. I highly doubt she committed to memory any relevant information. Didn't even ask to see my ID. She didn't even write down anything, just gave me the check back. I'm thinking this whole thing may just pass without any consequences.
 

Wreckem

Diamond Member
Sep 23, 2006
9,549
1,130
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True but I would have to involve my father and claim the $ came from him if I were ever questioned about this. I would rather do it alot cleaner than needing his involvement which is my reason for going about it this way.

Plus me receiving this $ from my dad doesn't exactly generate documentation, receipt or a sales report (like you selling a car did) so it would be alot harder to substantiate unless he wrote a letter that it was a gift of some sort. Its just territory I would rather not get into

Writing a negotiable instrument(a note) isn't that difficult.

You do realize when you go to deposit the cash at your bank, they are going to have to file a report. Breaking it up will look extremely fishy/technically a crime IIRC. If you don't want the IRS to see it as income, you either need proof that it was a loan or a gift.

I think you are just being a paranoid nutjob in all honesty.
 
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Wreckem

Diamond Member
Sep 23, 2006
9,549
1,130
126
They have no information about me to file the report. I walked in, gave the check to the teller. Asked her if she could cash it. After looking at the amount, she said yes but she needs to file the report. I asked for my check back and walked out. I do not have an account at TD bank. All in all, not even a minute at the bank.

They likely have every single piece of information that was on the front of the check. They also have you on surveillance.
 
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JS80

Lifer
Oct 24, 2005
26,271
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Like others have said you should have just deposited the check and when the mortgage co asks you what it was just tell them it was a gift from your father.
 

jlee

Lifer
Sep 12, 2001
48,518
223
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I'm not a customer and she had the check in her hand for 10-15 seconds. I highly doubt she committed to memory any relevant information. Didn't even ask to see my ID. She didn't even write down anything, just gave me the check back. I'm thinking this whole thing may just pass without any consequences.

A report can be filed even if they don't know who you are. Sketchy stuff gets documented, whether anything happens out of it or not.
 

Merad

Platinum Member
May 31, 2010
2,586
19
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Yeah, 99% chance you got a SAR filed when you walked out of TD Bank. Our business works with BofA and we have to take their Anti-Money Laundering training that covers SARs, CTNs, etc. They pretty much file reports on anything like that, because they can be held liable (both the bank and the employee) if someone is laundering money under their noses and they don't report it.

Also, OP- when I first read your post I'm pretty sure it said something about structuring deposits of the $13k so it didn't look "suspicious" (looks like it's been edited out now). Dude, bad idea.

Should've just deposited the check and moved on.
 

HendrixFan

Diamond Member
Oct 18, 2001
4,646
0
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Sounds like she got confused. The CTR is triggered by anything above $10k as has been mentioned, and she can tell you that she has to file that (post 9/11 crap). However, you leaving was certainly enough to trigger a SAR, but she was absolutely not supposed to inform you that she was going to file one.
 

MrDudeMan

Lifer
Jan 15, 2001
15,069
94
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This is funny because of how easy it is to prove that money wasn't a loan from another lender. Yes, it's a loan, but a family loan is very different. My in-laws gave us 15k when we got married, which we immediately used to buy a house. The lender asked us for a copy of their bank statements to prove they could afford to give us that amount of money. That was it. You made a big deal over nothing. Next time, don't be so fucking suspicious and just deposit the check. It's not illegal to give people money. :rolleyes: