Did your bank detect suspicious transactions and not notify you? She appears to be within her rights, according to a decision by the Court of Cassation. No one can blame a bank having collected questionable payments or allowed to make unusual transactions without alerting anyone. A banker’s due diligence obligations are owed solely to the state and only relate to suspicions of money laundering and terrorist financing, the Court observed. This surveillance, she explained, can only be observed for the benefit of the Tracfin service, exclusively. The monetary and financial code specifies that only this department of the Ministry of Economy can receive statements from bankers, statements that are confidential.
No one has the right to disclose to anyone the existence of a statement, its content or the consequences that have been reserved for them. A company had filed a lawsuit against a bank whose accountant had made fraudulent transfers to the checking accounts of members of his family. The company criticized the bank for having received the money in silence, for not having alerted it to repeated credit operations that should have seemed anomalous in view of the normal functioning of the credited accounts. The existence and amounts of the transfers were abnormal, unjustified in private accounts, and the receiving bank had to exercise a duty of general vigilance (…)
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