The instruction that the person in charge of the broker-dealer should provide to their employees is
to take notes on the questions and comments made by the agents (A). This is because taking notes
can help the employees to recall and document what happened during the search warrant execution,
which can be useful for legal or regulatory purposes. According to ACAMS3, “the FI should instruct its
staff to cooperate with LE agents during a search warrant execution, but also to take notes of what is
being searched, seized, or asked by the agents” (p. 35). The FI should also “keep copies of any
documents or records that are taken by LE agents” (p. 35).
The other instructions are not correct. The person in charge of the broker-dealer should not instruct
their employees to sign consent forms permitting the agents to search employees’ offices (B), as this
is unnecessary and potentially risky, as the agents already have a valid search warrant that authorizes
them to search the premises. The person in charge of the broker-dealer should not instruct their
employees to provide agents with unlimited access to customers’ personal data ©, as this could
violate privacy or data protection laws, as well as compromise customer trust and confidentiality. The
person in charge of the broker-dealer should not instruct their employees to volunteer information
not requested by the agents that they think may be useful (D), as this could interfere with the LE
investigation or expose them to legal or regulatory risks.
Reference:
Introduction to Transnational Organized Crime
ACAMS Law Enforcement and Financial Crimes Investigations eLearning Course Module
Law Enforcement Requests and Actions
