FinCEN's Enforcement Division serves as the primary action arm of FinCEN. The division:
- Employs an intelligence-driven approach to target examination efforts in high-risk areas;
- Investigates referrals from examining authorities and uses effective, proportionate, and dissuasive measures to enforce compliance with the BSA;
- Proactively investigates and exercises the full range of FinCEN authorities to disrupt the illicit use of the financial system by priority targets.
The Enforcement Division is structured into three offices: Compliance and Enforcement, Special Measures, and Special Investigations. The Office of Compliance and Enforcement handles a caseload of BSA compliance matters that can involve actions ranging from intelligence-driven targeting to examination, reviewing examination referrals, compliance advice and guidance, investigation, injunctions, and civil monetary penalties. The Office of Compliance and Enforcement is further sub-divided into three teams, each focusing on different types of financial institutions: the Depository Institutions Team; the Money Services Businesses Team; and the Non-Bank Financial Institutions Team.
The Office of Special Measures is responsible for implementing a variety of unique statutory authorities provided to FinCEN, including Section 311 of the USA PATRIOT Act (31 U.S.C. ' 5318A) and Geographic Targeting Orders (31 U.S.C. ' 5326(a)), which are both designed to limit the U.S. financial system's exposure to foreign jurisdictions, financial institutions, and classes of transactions/accounts of primary money laundering concern, and to collect targeted financial intelligence.
The Office of Special Investigations is responsible for investigating unauthorized BSA disclosures and providing criminal investigatory expertise and support to the rest of the division. The Office is staffed by FinCEN's special agents.