ok.. UK and US regulations are similar
https://www.fincen.gov/financial_institutions/msb/materials/en/prevention_guide.htmlin short.
a MSB has no reason to hold funds unless requested by a court order..
their regulatory compliance requirements is purely to keep a paper trail of customers actions. and if something looks suspect report it. but to NEVER inform the customer that they are being investigated nor stop the funds.
so if you are being told that funds are being held by a MSB due to suspicious activity. then you know that its false. as that is totally not what the compliance of MSB regulations is about..
they do not have the power... and as i said the only time they would have the power (due to court order) the customer would be informed by authorities directly.. and not by the MSB before so.
no where would an MSB freeze an account just because your moving more than $5k. instead the transaction would proceed and a record is kept..
the paper trail is kept for upto 5 years, and authorities at their leisure would investigate and deal with the issues as a separate matter.
there is no reason to hold funds without reason. infact the regulations make it illegal for an MSB to do so
Makes it illegal for a financial institution, or an employee of a financial institution, to disclose to anyone involved in a suspicious transaction when a Suspicious Activity Report (SAR) has been filed.
All MSBs should have a system or procedure to ensure that SARs are filed when appropriate. When an MSB employee suspects a person is laundering money, conducting transactions to evade BSA requirements, or conducting a transaction that has no apparent lawful purpose and for which no reasonable explanation can be determined, or involves use of the money services business to facilitate criminal activity, the employee should report that activity to his/her manager or to the MSB compliance officer. Then, if the MSB determines that a SAR should be filed, it must file the SAR and keep a copy of it for five years. Any supporting documentation, such as transaction records, must be maintained with the copy of the filed form and also kept for five years from the date of filing the report.
its the authorities that do freezing of accounts(after the fact). after evidence enough to sway a judge to allow a court order to do so.. in no way should/could a MSB just freeze an account without proper authority.
all they can do is file a report, let the transaction continue and not tell the customer.
so if any MSB is trying to give you some bull crap reason why a transaction failed due to AML/KYC.. they are BSing you.
an legit MSB would gather your ID before even allowing you the opportunity to move funds. so if they havent gathered info. then thats their fault. and they will fail their compliance checks (if registered) at a later date. but there is no reason even without ID to stop you having your funds (unless there is a court order)