All questions
Question 1
A registered representative becomes aware of a transaction of at least $5,000 that they suspect involves funds derived from illegal activity. The firm is required to file a:
- Currency Transaction Report (CTR) with the IRS.
- Suspicious Activity Report (SAR) with FinCEN. (correct answer)
- Criminal Referral Form (CRF) with the Department of Justice.
- Customer Complaint Form with FINRA.
Explanation: Firms are required to file a Suspicious Activity Report (SAR) with the Financial Crimes Enforcement Network (FinCEN) for any transaction or group of transactions of at least $5,000 where the firm suspects it involves funds from illegal activity, is designed to evade BSA regulations, or has no apparent lawful purpose.
Question 2
The Financial Crimes Enforcement Network (FinCEN) is a bureau of which government department?
- The Securities and Exchange Commission (SEC)
- The Department of Justice (DOJ)
- The Department of the Treasury (correct answer)
- The Federal Reserve Board (FRB)
Explanation: FinCEN is a bureau within the U.S. Department of the Treasury. Its mission is to safeguard the financial system from illicit use and combat money laundering and promote national security through the collection, analysis, and dissemination of financial intelligence and strategic use of financial authorities.
Question 3
The initial stage of money laundering, where illicit funds are first introduced into the legitimate financial system, is known as:
- placement. (correct answer)
- layering.
- integration.
- structuring.
Explanation: Placement is the first stage of money laundering. It involves placing illegal cash into the financial system, for example, by making cash deposits into a bank or brokerage account. Layering is the second stage, involving complex transactions to obscure the source of the funds. Integration is the final stage, where the money is returned to the criminal as legitimate-appearing funds. Structuring is a technique used during placement to avoid detection.
Question 4
A client intentionally makes several cash deposits of $9,000 on consecutive days to avoid triggering a CTR filing. This illegal practice is known as:
- layering.
- front-running.
- structuring. (correct answer)
- marking the close.
Explanation: Structuring is the illegal act of breaking up a large cash transaction into smaller ones (typically below the $10,000 CTR threshold) to evade reporting requirements. This activity is a red flag for money laundering and requires the firm to file a Suspicious Activity Report (SAR).
Question 5
After a reportable cash transaction occurs, a broker-dealer must file a Currency Transaction Report (CTR) with FinCEN within:
- 5 business days.
- 10 business days.
- 15 calendar days. (correct answer)
- 30 calendar days.
Explanation: A firm must file a CTR on FinCEN Form 112 within 15 calendar days of the reportable currency transaction. This timeline is a key compliance requirement under the Bank Secrecy Act.
Question 6
Once a firm determines that suspicious activity has occurred that requires reporting, it must file a Suspicious Activity Report (SAR) within:
- 10 days of the transaction.
- 15 days of the transaction.
- 30 days of detecting the suspicious activity. (correct answer)
- 60 days of detecting the suspicious activity.
Explanation: A firm must file a SAR with FinCEN no later than 30 calendar days after the date of the initial detection of facts that may constitute a basis for filing a SAR. This timeline begins when the activity is identified as suspicious, not necessarily on the date of the transaction itself.
Question 7
What is the primary function of the Office of Foreign Assets Control (OFAC)?
- To collect and analyze information about financial transactions to combat money laundering.
- To enforce economic and trade sanctions against targeted foreign countries and regimes. (correct answer)
- To write rules and regulations for broker-dealer conduct.
- To prosecute individuals engaged in securities fraud.
Explanation: OFAC's primary mission is to administer and enforce economic and trade sanctions based on U.S. foreign policy and national security goals. It maintains lists, such as the SDN list, of individuals and entities with whom U.S. persons are prohibited from dealing. FinCEN is responsible for collecting financial transaction information to combat money laundering.
Question 8
Which of the following customer activities would most likely trigger the filing of a Suspicious Activity Report (SAR) but NOT a Currency Transaction Report (CTR)?
- A customer deposits $15,000 in cash to buy mutual funds.
- A customer makes repeated wire transfers to a country known for terrorism financing. (correct answer)
- A customer makes two $6,000 cash deposits on the same day.
- A customer withdraws $20,000 in cash from their account.
Explanation: A CTR is triggered specifically by cash transactions over $10,000. Wire transfers do not involve physical currency and thus do not trigger a CTR. However, sending wires to a high-risk jurisdiction with no apparent business reason is highly suspicious and would warrant filing a SAR. The other options all involve cash transactions over the $10,000 aggregate daily limit and would trigger a CTR (and possibly a SAR as well, if suspicious).
Question 9
According to the USA PATRIOT Act, records relating to customer identity verification must be maintained by a broker-dealer for at least:
- three years after the account is opened.
- five years after the account is opened.
- three years after the account is closed.
- five years after the account is closed. (correct answer)
Explanation: The USA PATRIOT Act requires firms to maintain records used to verify a customer's identity for five years after the account is closed. This extended retention period ensures that law enforcement has access to this crucial information long after the customer relationship has ended.
Question 10
The ultimate responsibility for a broker-dealer's anti-money laundering (AML) program rests with:
- the firm's designated AML compliance officer.
- the Financial Crimes Enforcement Network (FinCEN).
- the firm's senior management. (correct answer)
- FINRA's department of enforcement.
Explanation: While the AML compliance officer is responsible for the day-to-day implementation and management of the AML program, ultimate responsibility for the firm's AML compliance rests with its senior management. They are responsible for approving the program and ensuring it has sufficient resources to be effective.
Question 11
Under a firm's Customer Identification Program (CIP), the firm must verify a new customer's identity:
- before any transactions are allowed in the account.
- within five business days of account funding.
- within a reasonable period before or after the account is opened. (correct answer)
- only when the first deposit over $5,000 is made.
Explanation: The CIP rule requires firms to have procedures to verify the identity of each customer to the extent reasonable and practicable. The verification must occur within a reasonable time before or after the customer's account is opened. This allows accounts to be opened but may restrict transactions until verification is complete.
Question 12
Which of the following is considered a primary 'red flag' for potential money laundering activity in a customer account?
- The customer frequently invests in high-risk securities.
- The customer shows a lack of concern for investment risks or transaction costs. (correct answer)
- The customer makes regular, systematic investments through a retirement plan.
- The customer has multiple accounts at different brokerage firms.
Explanation: A significant red flag for money laundering is a customer who seems unconcerned with the financial performance of their transactions, such as risks, commissions, or other costs. This can indicate that the primary goal is not to make a profit, but rather to move and legitimize funds. The other options are generally normal investor behaviors.
Question 13
The OFAC list of Specially Designated Nationals and Blocked Persons (SDN List) identifies individuals and entities that are:
- exempt from Currency Transaction Report (CTR) filing requirements.
- considered domestic politically exposed persons (PEPs).
- prohibited from conducting business with U.S. financial institutions. (correct answer)
- under investigation by the SEC for insider trading.
Explanation: The SDN list is a key tool for OFAC's mission. It includes individuals, groups, and entities such as terrorists and narcotics traffickers designated under programs targeting specific countries or activities. U.S. persons, including financial institutions, are generally prohibited from dealing with them, and their assets must be blocked.
Question 14
Which of the following customer identification documents would be considered unacceptable for verifying identity under a firm's Customer Identification Program (CIP)?
- A valid state-issued driver's license.
- An unexpired passport issued by a foreign government.
- A U.S. passport card.
- An expired driver's license. (correct answer)
Explanation: A firm's CIP must include procedures for using documentary methods to verify a customer's identity. Acceptable documents include unexpired, government-issued identification evidencing nationality or residence, which typically includes a photograph or similar safeguard. An expired driver's license is not a valid form of identification for CIP purposes.
Question 15
A broker-dealer's Anti-Money Laundering (AML) compliance program must, at a minimum, include all of the following EXCEPT:
- the designation of an AML compliance officer.
- ongoing training for appropriate personnel.
- an annual filing of the program's policies with the SEC. (correct answer)
- an independent test of the program's effectiveness.
Explanation: An AML compliance program must include: (1) policies, procedures, and internal controls; (2) the designation of an AML compliance officer; (3) ongoing employee training; and (4) an independent audit function to test the program. There is no requirement to file the program's policies annually with the SEC, although the program must be in writing and available for inspection.
Question 16
Under the USA PATRIOT Act's Customer Identification Program (CIP), a broker-dealer is required to obtain which of the following pieces of information from a new customer?
- The customer's annual income and net worth.
- The name of the customer's employer.
- The customer's date of birth and an identification number. (correct answer)
- The customer's investment objectives and risk tolerance.
Explanation: The Customer Identification Program (CIP) requires firms to obtain, at a minimum, four pieces of information: name, address, date of birth, and an identification number (such as a Social Security number for a U.S. person). While other information like income or investment objectives is necessary for suitability (Know Your Customer rule), it is not a specific requirement of the CIP for identity verification.
Question 17
A legitimate, well-established corporate client deposits $50,000 in cash from its daily business operations. The firm's most appropriate action is to:
- file a SAR due to the large amount.
- refuse the deposit as it is in cash.
- file a CTR and accept the deposit. (correct answer)
- file both a CTR and a SAR immediately.
Explanation: A cash deposit over $10,000 requires the filing of a Currency Transaction Report (CTR). However, if the transaction is consistent with the customer's normal business activities and there are no other red flags, it is not necessarily suspicious. Therefore, a SAR is not automatically required. The firm should file the required CTR and accept the deposit.
Question 18
The practice of structuring is primarily designed to evade the reporting requirements associated with:
- Suspicious Activity Reports (SARs).
- OFAC's SDN list.
- Currency Transaction Reports (CTRs). (correct answer)
- Form U4 disclosures.
Explanation: Structuring involves breaking down a single cash transaction that exceeds $10,000 into multiple smaller transactions that are each below the $10,000 threshold. The specific purpose of this illegal activity is to prevent the firm from filing a Currency Transaction Report (CTR), which is automatically triggered by cash transactions over $10,000.
Question 19
Under the Bank Secrecy Act, a broker-dealer is required to file a Currency Transaction Report (CTR) with FinCEN for which of the following scenarios?
- A customer purchasing $12,000 worth of securities using a personal check.
- A customer depositing $11,000 in cash into their account in a single transaction. (correct answer)
- A customer making multiple cash deposits totaling $8,000 in one day.
- A customer selling a security for a $9,500 profit.
Explanation: A Currency Transaction Report (CTR) must be filed for any cash transaction or series of related cash transactions exceeding $10,000 in a single business day. A cash deposit of $11,000 meets this requirement. Transactions by check do not involve currency and therefore do not trigger CTR filing requirements. Multiple cash deposits totaling less than $10,000 would not require a CTR unless they appear to be structured to avoid reporting.
Question 20
A customer makes three separate cash deposits into their brokerage account on the same business day: one for $4,000, another for $3,000, and a third for $5,000. Which of the following actions is the firm required to take?
- File a Suspicious Activity Report (SAR) because the transactions appear to be structured.
- File a Currency Transaction Report (CTR) because the total cash deposited exceeds $10,000. (correct answer)
- Notify the SEC of the large cash deposits.
- Take no action because no single deposit exceeded the $10,000 threshold.
Explanation: The Bank Secrecy Act requires firms to aggregate multiple cash transactions from the same customer on the same business day. In this case, the total cash deposited is 12,000(4,000 + $3,000 + $5,000), which exceeds the $10,000 threshold. Therefore, the firm must file a CTR. While the activity might also be structured and warrant a SAR, the CTR is definitely required.