SPECIAL INSPECTOR GENERAL FOR IRAQ RECONSTRUCTION: J. J. Crowley - - PowerPoint PPT Presentation

• J. J. Crowley

Deputy Inspector General for Investigations Office of Inspector General, TX HHSC

SPECIAL INSPECTOR GENERAL FOR IRAQ RECONSTRUCTION:

• History
• SIGIR Investigative Resources

SPECIAL INSPECTOR GENERAL FOR IRAQ RECONSTRUCTION (SIGIR)

• 1. Ensure Appropriate Investigative Plans and Procedures in

Place With Trained Personnel Who Are Well Prepared to Carry them Out

• 2. Use Non-Law Enforcement Forensic Assets To Generate

Leads , i.e. Auditors and Inspectors

• 3. Pursue Holistic Approach to Case Management That

Integrates the In-Theater Investigators with U. S. Based Investigators and Prosecutors

• 4. Maintain Strong Relations With Host Country Law

Enforcement Officials

• 5. Deploy a Robust In-Country Presence of Investigative

Personnel

• 6. Avoid Bureaucratic Turf Battles Among Law-Enforcement

Agencies by Building a Task Force Approach

• 7. Ensure Flexibility in Personnel Requirements and Deployment

Procedures

• 8. Prioritize Using Advanced Criminal-Intelligence Techniques

and Developing Informants in Theater

• 9. Engage With Partner-Nation Law-Enforcement Agencies to

Prosecute Non- U. S. Criminals

• 10. Develop Innovative Investigative Programs Targeted to the

Specific Needs of the Stabilization and Reconstruction Operation (SRO)

• Suspicious Activity Reports (SAR)
• Currency Transaction Reports (CTR) and Exemptions
• Currency or Monetary Instruments Reports (CMIR)
• Foreign Bank Accounts Reports (FBAR)
• Form 8300
• 3410

• Law enforcement, regulatory, prosecutors’,

intelligence, and background investigation agencies directly access request BSA through their State Coordinators or FinCEN* * Designated State Coordinators (per their MOU with FinCEN) facilitate

requests for BSA from law enforcement agencies within their state. Federal agencies and regulators (that have MOUs with FinCEN) have direct access. Other agencies request BSA from FinCEN.

MUST be:

• Treated as a confidential informant info
• Used only for official purposes consistent with Title II
• f the BSA

Pertain to:

• The SAR itself
• The existence of the SAR

May NOT be referred to in:

• Indictments
• Warrants
• Subpoenas
• Press Releases

Generally cannot be used in open court

Sharing of BSA and SAR information must include BSA warning Prior Permission required from FinCEN if:

• Sharing with US agencies with no direct access
• Any dissemination to foreign counterparts

WARNING STATEMENT TO BE AFFIXED TO BSA REPORT INFORMATION DISCLOSED TO OTHER AGENCIES

The enclosed information was collected and disseminated under provisions of the Bank Secrecy Act (the BSA) and U.S. Department of the Treasury regulations implementing the BSA. See 31 U.S.C. 5311, et seq.; 31 CFR Part 103. The information is sensitive in nature and is to be treated

• accordingly. The information may be used only for a purpose related to a

criminal, tax, or regulatory investigation or proceeding, or in the conduct

• f intelligence or counterintelligence activities to protect against

international terrorism, or for a national security matter. See 31 U.S.C. 5311. The information cannot be further released, disseminated, disclosed, or transmitted without prior approval from the Director of the Financial Crimes Enforcement Network or his authorized delegate. Suspicious activity reports filed under the BSA must be treated with particular care given that they contain unsubstantiated allegations of possible criminal activity, akin to confidential informant tips. Such reports, or the fact they have been filed, may not be disclosed by a government employee to any person involved in the transaction, other than as necessary to fulfill the official duties of such officer or employee. See 31 U.S.C. 5318 (g) (2) (ii). Unauthorized release of information collected under the BSA may result in criminal or civil sanctions.

• Decentralization of Agents
• SIGIR Prosecutorial Initiative (SIGPRO)
• Forensic, Evaluation, Research, Recovery, and Enforcement

Team (FERRET)

• FinCEN

Forms – CTRs/SARs/8300/314A

• FERRET Process
• RESULTS:

Cases Opened 110 Indictments/Convictions 21 (19% success rate) Recoveries Over $5.5million

• SCHMIDT, et al.
• FULLER
• Newell, Hunt, et al.
• CHARPIA
• LUEDERS, BENTON, STOVALL

 QUESTIONS ?