Bank Secrecy

Banking secrecy, alternately known as financial privacy, banking discretion, or bank safety, is a conditional agreement between a bank and its clients that all foregoing activities remain secure, confidential, and private. Most often associated with banking in Switzerland, banking secrecy is prevalent in Luxembourg, Monaco, Hong Kong, Singapore, Ireland, Lebanon and the Cayman Islands, among other off-shore banking institutions. Otherwise known as bank–client confidentiality or banker–client privilege, the practice was started by Italian merchants during the 1600s near Northern Italy (a region that would become the Italian-speaking region of Switzerland). Geneva bankers established secrecy socially and through civil law in …

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Cato Institute · 25 September 2024 English

weeks ago, financial privacy has been under fire for the last 50 years, largely because of the Bank Secrecy Act of 1970 (and its many amendments). A massive federal anti-money laundering regime is now based

for the last 50 years, largely because of the Bank Secrecy Act of 1970 (and its many amendments). A massive Leeʼs bill addresses privacy issues outside the Bank Secrecy Act. For instance, it repeals the Consolidated


Cato Institute · 20 September 2024 English

Illustration by The Heads of State

Supreme Court see things differently. In 1970, the Bank Secrecy Act was created to give the government a way Americans’ finances. In its earliest form, the Bank Secrecy Act ushered in two major changes. First, it Fast-forward 30 years after the passage of the Bank Secrecy Act, and we face the Patriot Act. Another 20 years financial institutions filed over 26 million Bank Secrecy Act reports on Americans. Complying with these Yet even that number is an issue. Because the Bank Secrecy Act’s reporting thresholds were not enacted


Cato Institute · 16 September 2024 English

massive overhaul. Pretty much everyone agreed, for example, that the existing regime, built on the Bank Secrecy Act of 1970, is outdated. It's poorly designed, too costly, ineffective, and rests on shaky legal

Financial Privacy Needs A Revamp After passing the Bank Secrecy Act in 1970, the federal government basically example, that the existing regime, built on the Bank Secrecy Act of 1970, is outdated. Itʼs poorly designed own criminal investigations.After passing the Bank Secrecy Act in 1970, the federal government basically massive expansion of policing (check out our Bank Secrecy Act reform panel), but that view misses the the BSA/AML regime has done. After passing the Bank Secrecy Act in 1970, the federal government basically


Cato Institute · 16 September 2024 English

information to the public but that information largely confirms long-held suspicions, namely that the Bank Secrecy Act's mandatory financial surveillance is far from justified. To set the foundation, FinCEN's report revealed that banks and other financial institutions filed 27.56 million reports under the Bank Secrecy Act during the 2023 fiscal year (Table 1). The vast majority of these reports (20.8 million) were

confirms long-held suspicions, namely that the Bank Secrecy Actʼs mandatory financial surveillance is far institutions filed 27.56 million reports under the Bank Secrecy Act during the 2023 fiscal year (Table 1). The approximately 372 investigations originated from a Bank Secrecy Act report. In other words, despite financial prosecution “have a primary subject with a related [Bank Secrecy Act] filing.” Likewise, for the Federal Bureau 15.42 percent of investigations made use of Bank Secrecy Act reports. The problem, however, is that there


Cato Institute · 12 September 2024 English

information has been in steady decline for more than 50 years. Regulatory frameworks, such as the Bank Secrecy Act and the Securities and Exchange Commission's Consolidated Audit Trail, grant government access

50 years. Regulatory frameworks, such as the Bank Secrecy Act and the Securities and Exchange Commissionʼs


Cato Institute · 12 September 2024 English

information has been in steady decline for more than 50 years. Regulatory frameworks, such as the Bank Secrecy Act and the Securities and Exchange Commission's Consolidated Audit Trail, grant government access

50 years. Regulatory frameworks, such as the Bank Secrecy Act and the Securities and Exchange Commissionʼs Politico 12:15 - 12:45 PM Lunch 12:45 - 1:55 PM Bank Secrecy Act Reform Katherine Kirkpatrick Bos, StarkWare


Cato Institute · 12 September 2024 English

information has been in steady decline for more than 50 years. Regulatory frameworks, such as the Bank Secrecy Act and the Securities and Exchange Commission's Consolidated Audit Trail, grant government access

50 years. Regulatory frameworks, such as the Bank Secrecy Act and the Securities and Exchange Commissionʼs


Cato Institute · 12 September 2024 English

information has been in steady decline for more than 50 years. Regulatory frameworks, such as the Bank Secrecy Act and the Securities and Exchange Commission's Consolidated Audit Trail, grant government access

50 years. Regulatory frameworks, such as the Bank Secrecy Act and the Securities and Exchange Commissionʼs


Cato Institute · 12 September 2024 English

information has been in steady decline for more than 50 years. Regulatory frameworks, such as the Bank Secrecy Act and the Securities and Exchange Commission's Consolidated Audit Trail, grant government access

50 years. Regulatory frameworks, such as the Bank Secrecy Act and the Securities and Exchange Commissionʼs


Cato Institute · 12 September 2024 English

information has been in steady decline for more than 50 years. Regulatory frameworks, such as the Bank Secrecy Act and the Securities and Exchange Commission's Consolidated Audit Trail, grant government access

Protecting and Restoring Americans’ Rights — “Bank Secrecy Act Reform” The privacy Americans should enjoy 50 years. Regulatory frameworks, such as the Bank Secrecy Act and the Securities and Exchange Commissionʼs


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