Professional Documents
Culture Documents
How will they ever find out? Common ways that investigations are initiated
Blocking and Reject Reports Most common way; thousands of these reports are sent every year License Applications Revealing information about violations Federal Investigations Very common when investigating havaleh brokers Self-Disclosures: Intentional and Unintentional Voluntary self-disclosures vs. contacting OFAC and informing them of violations Anonymous Tips
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Sender
Intermediary
U.S. Bank
U.S. Treasury
What kind of trouble can you get in? Problems with the banks
Bank Investigations Freezing of Accounts Closing of Accounts
OFAC Investigations
Administrative Subpoenas Penalty Process Coordination with other agencies
Criminal Investigations
Agents Target/Subject Letters Exports and Money Transferring Banki, Seifi, Amirnazmi, Mousavi, Vaghari, Hariri, Lahiji, Socara, etc.
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Voluntary Self-Disclosures
Self reporting a violation 50% reduction in base penalty If a violation occurred and you need a license to transfer funds, then VSD
Penalty Calculations
Base Penalty Calculations Enforcement Guidelines Settlement
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Enforcement Responses
Sanctions Enforcement Options
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Voluntary Self-Disclosure One-Half of Transaction Value
Capped at $125,000 per violation
3
One-Half of Statutory Maximum
Yes
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Applicable Schedule Amount
Capped at $250,000 per violation
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Statutory Maximum
* The base penalty amount will not exceed the applicable statutory maximum amount.
No
Amount
$1,000 $10,000 $25,000 $50,000 $100,000 $170,000 $250,000 <
Transaction Value
$1,000
>= $1,000 and < $10,000 >= $10,000 and < $25,000 >= $25,000 and < $50,000 >= $50,000 and < $100,000 >= $100,000 and < $170,000 >= $170,000
Criminal Prosecutions US Attorneys Offices across the U.S. have been actively prosecuting these cases. There are a number of individuals under investigation across the United States for these types of violations.
Testimony of Special Agent Pelczar (JTTF)Hearing Transcript from the Vaghari Case: Much of his work involves investigating Iranians.
Difficulty in transferring funds is leading to more creative ways to get around sanctions which is leading to more investigations Talk to a lawyer with experience before acting
Prior to engaging in the transactions File a request for interpretative guidance Map out how the transaction will occur
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