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Criminal Justice Act 1994, failure to obtain ID information

  • 26-06-2008 6:51pm
    #1
    SMERSH
    Closed Accounts Posts: 198 ✭✭


    Hypothetical situation.

    What would be the consequences for a bank if it was found that they did not obtain the necessary identity documents and other information required from new customers as required by the CJA 1994?


Comments

  • #2
    Rhonda9000
    Closed Accounts Posts: 451 ✭✭Rhonda9000


    SMERSH wrote: »
    Hypothetical situation.

    What would be the consequences for a bank if it was found that they did not obtain the necessary identity documents and other information required from new customers as required by the CJA 1994?

    The Criminal Justice Act Part IV places the burden on financial institutions to establish the customers identity, retain records of same and report suspicious transactions to the Gardai. (s. 32(3))

    A bank official is personally liable under s. 32(12):

    - on summary conviction to a fine of IR£1,000 or 12 months imprisonment or both.

    - on conviction on indictment to a fine or a term of imprisonment not exceeding 5 years or both.

    AFAIK this is a dead letter in the law.


  • #3
    Our man in Havana
    Closed Accounts Posts: 29,473 ✭✭✭✭Our man in Havana


    AFAIK this is a dead letter in the law.
    How do you mean? Is this an unenforceable law?


  • #4
    Rhonda9000
    Closed Accounts Posts: 451 ✭✭Rhonda9000


    Bond-007 wrote: »
    How do you mean? Is this an unenforceable law?

    Enforceable but not enforced ... to the best of my knowledge there have been no convictions of bank officials failing to comply with the provisions relating to customer identification etc. Presumably, Internal Audit departments at banks implemented much more robust systems to avoid this in any event.


  • #5
    SMERSH
    Closed Accounts Posts: 198 ✭✭SMERSH


    Thanks for the replies.

    Would the Gardai investigate/do anything if a complaint was made that a bank did not comply with the provisions of the CJA?


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