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Showing posts with label SAR. Show all posts
Showing posts with label SAR. Show all posts

Thursday, September 25, 2025

Sextortion in Mortgage Banking

QUESTION 

Recently, FinCEN provided guidance on detecting sextortion. I must admit I had never heard of it until my compliance manager told me about it. I've run my mortgage company for thirty years, and I have never heard of anything like sextortion scams. 

So, I read FinCEN's notice. I'm not sure how sextortion could affect the mortgage industry. From what I can tell, the predator finds ways to get the victim to turn over sexually explicit information, then blackmails and extorts them to fork over their money. This is a terrible situation, but I'm unsure if my company should be concerned about this scam. 

I'm looking for your opinion. I want to find out if financial institutions, whether banks or nonbanks, should be worried if sextortion can lead to problems in mortgage banking. 

Does sextortion adversely impact mortgage companies? 

OUR SOLUTION 

AML Compliance 

QUESTION 

According to my research, the term "sextortion" has been around, at least in print, since April 5, 1950, when the Los Angeles Times published the story Sextortion Charges to Come up Next Week. It is a serious financial crime. The guidance you must be referring to is FinCEN's notice of September 8, 2025, entitled Financially Motivated Sextortion. 

If you are wondering if and how sextortion impacts mortgage banking, you might be interested in learning that sextortion causes profoundly damaging effects in the financial services industry. For FinCEN to publish an extensive notice on it shows the extent to which this financial crime can crush a mortgage loan transaction and seriously harm a mortgage originator. 

The mortgage industry plays a key role in detecting and disrupting these schemes by reporting financially motivated crimes to law enforcement. I will provide information on reporting such suspicious activity shortly. 

WHAT IS SEXTORTION?

According to FinCEN,


"Financially motivated sextortion occurs when perpetrators, using fake personas, coerce victims to create and send sexually explicit images or videos of themselves, only to threaten to release the compromising material to the victims' friends and family unless the victims provide payment." 

Sextortion is a crime that often involves adults coercing minors, especially teenagers, into sending explicit images online. Sextortion schemes that victimize minors are also a form of Online Child Sexual Exploitation. It's primarily motivated by financial gain rather than prurient interest and targets individuals of all ages. 

THE SCAM

Here is an outline of the scam, which is usually perpetrated on social media or popular online video gaming platforms. 

·       Perpetrators either create fake accounts or hack into the accounts of real individuals to impersonate someone known to the victim or to present themselves as a potential new friend.

 

o   Typically, the perpetrators of financially motivated sextortion schemes will pose as an attractive member of the opposite sex around the same age as the intended target.

 

o   Perpetrators of financially motivated sextortion attempt to learn as much as they can about the intended victim's interests from their social media profiles before contacting the individual. 

·       The perpetrator may initially make contact on social media or popular online gaming platforms and suggest moving their conversation to private messaging or video chat apps. 

·       Soon after making contact with the victim, perpetrators ask for nude photos or other sexually explicit material, or offer to exchange nude pictures with the victim. 

·       In addition, the perpetrator may use AI-enabled sextortion by inserting the victim's likeness into realistic, sexually explicit images and videos (often called "deepfake media”).

Monday, May 5, 2025

Common Red Flags in Money Laundering

QUESTION

I am the COO of a mid-sized lender in the Midwest. We have contacted your firm to do an Anti-Money Laundering Risk Assessment. One of the big issues we have is trying to identify the most common red flags. 

In streamlining our system AML reporting, we are using AI to determine common red flags. Unfortunately, AI is not able to provide real-world data. We need practical experience, which is why I would like you to let me know the kinds of common red flags you find in your audits. 

What are the common red flags for money laundering in mortgage banking? 

SOLUTIONS 

RESPONSE 

Since 2003, FinCEN has issued a number of analyses, reports, and advisories regarding emerging trends in mortgage fraud, money laundering, and terrorist financing activity involving residential mortgage loans. 

While FinCEN publishes a list of potential red flags, we often find that our list of activities that could trigger the filing of Suspicious Activity Reports continues to expand. At this point, we have hundreds of such findings. 

Thank you for retaining us to provide the AML Risk Assessment. 

Lenders Compliance Group was the first compliance firm in the country to provide AML audit tests to non-bank residential mortgage lenders and originators. Of course, we have also offered AML audits to banks involved in residential mortgage banking for many years. 

So, by this point, we have rock-solid indicia and identifiers that help us review for AML compliance. There are many common red flags. I am going to provide a half-dozen of them that keep turning up in our audits with the proviso that the list is not comprehensive. 

Activities considered red flags in mortgage banking include: 

(1) A loan secured by pledged assets held by a third party unrelated to the borrower. 

(2) A loan secured by deposits or other readily marketable assets, such as securities, when owned by apparently unrelated third parties. 

(3) A borrower default on a case-secured loan or any loan that is secured by assets that are readily convertible into currency. 

(4) A loan made for, or paid on behalf of, a third party with no reasonable explanation. 

(5) A customer, to secure a loan, purchases a certificate of deposit using an unknown source of funds, particularly when funds are provided via currency or multiple monetary instruments. 

(6) A loan that lacks a legitimate business purpose, provides the depository institution with significant fees for assuming little or no risk, or tends to obscure the movement of funds (i.e., loans made to a borrower and immediately sold to an entity related to the borrower). 

It is important to ensure that your system solution requires the reporting of any activity that is suspected of violating a criminal statute. Additionally, the federal money laundering criminal statutes consider money laundering to be the handling of the proceeds of criminal activity, with mortgage fraud considered to be a predicate offense for the money laundering criminal statutes. Mortgage-related criminal activity is a specific predicate offense. 


Jonathan Foxx PhD., MBA
Chairman & Managing Director
Lenders Compliance Group