BSA civil penalties for MSB violations can be material. Under 31 USC § 5321, civil money penalties for BSA violations can reach USD 25,000 per violation for general failures, and up to USD 250,000 or more for wilful violations of recordkeeping or reporting requirements. Criminal penalties apply in cases of intentional non-compliance or money laundering facilitation.
Common compliance risk areas we monitor and mitigate include:
- Late or failed Form 107 filing: initial registration must be submitted within 180 days of commencing activity, and renewal is due every two years. We manage deadline tracking and renewals.
- AML program deficiencies: inadequate policies, a missing risk assessment or absent independent testing are frequent examination findings. We provide audit-ready documentation and training.
- SAR / CTR reporting failures: late, missed or inaccurate SAR/CTR filings are a primary enforcement target. We configure reporting workflows and deadline controls.
- OFAC sanctions violations: transactions with sanctioned parties carry strict liability and significant penalties. Our screening protocols reduce exposure on onboarding and payment flows.
- Material change non-notification: failure to file amendments on ownership, activity or address changes triggers BSA violations. We track your structure and file updates as required.
- Multi-state operations without an MTL: serving residents in other US states without their MTL is a state enforcement risk, distinct from federal BSA compliance. We plan phased state filings where needed.
Our US legal partners and compliance team manage the full federal compliance stack, so your Montana MSB stays in good standing with FinCEN and the IRS throughout the licence lifecycle.