Legal Question in Banking Law in Arizona

checking account and the patriot act

My husband is not on my checking account, however, for the last 11 years his check has been direct deposited into my account. Now my bank is telling me that the patriot act says we cannot direct deposit his check in my account unless his name is on the account. Is this true, and if so, why?


Asked on 11/22/08, 12:16 pm

2 Answers from Attorneys

Warren Markowitz Warren R. Markowitz, Esq

Re: checking account and the patriot act

The bank may have an internal procedure to not accept third party checks into an account. The USA PATRIOT ACT requires identification of a banks customer and an understanding of the customers business and purpose of the account.

In this instance, your personal account is being used, I am assuming, as a family or household account. The restriction that they are imposing appears not be based in fact or in practice. Inform them that the direct deposit has been going on for an extended period of time, Identify for them the person involved in the transaction (your husband) and that the deposits are not only normal business for the account but regardless of the title on the account they are deemed marital community property under AZ law (AZ is a community property state) and that if this doesn't work find a new bank because the BSA Compliance Officer isn't sure of what he/she's doing.

There is nothing in the USA PATRIOT ACT that does not allow this.

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Answered on 11/23/08, 12:56 am
David Anderson Anderson Business Law LLC

Re: checking account and the patriot act

Because he could be Mustaffah Al-Zahkkary,worldwide terrorist. We don't know who he is since when you opened the account only YOU were properly Identified not him.

He needs his own acct or addewd to your acct (after providing full credentials)m

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Answered on 11/22/08, 12:21 pm


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