Order No. 11440 of 2024: Obligation to Report in Suspicious Financial Transactions

In the Italian regulatory landscape, order no. 11440 of April 29, 2024, issued by the Court of Cassation, provides important clarifications regarding the obligation to report financial transactions potentially linked to money laundering crimes. This ruling, which involves the branch manager and equivalent subjects, fits into a context of increasing attention to anti-money laundering regulations, in line with European directives and national laws.

The Regulatory Context and the Ruling

The Court, presided over by L. O. and with A. C. as the reporting judge, examined a case in which the responsibility of an operator was contested for failing to report suspicious financial transactions. According to the

“Branch manager and equivalent subjects - Obligation to report financial transactions deemed to be the result of money laundering - Parameters. In terms of anti-money laundering regulation, the obligation to report, on the part of the branch manager, office, or other operational point, of transactions that could originate from any of the crimes referred to in Article 648-bis of the Penal Code, established by Article 3, paragraphs 1 and 2, Law Decree No. 143 of 1991, is not subordinated to the highlighting by the operator and intermediaries during preliminary investigations of evidence of money laundering, nor to the exclusion, based on their personal conviction, of the foreignness of the transactions to a criminal action, but to an objective judgment on their suitability to evade the provisions aimed at preventing and punishing money laundering activities.”
The Court established that liability does not depend on the presence of preliminary evidence of a crime, but on an objective analysis of the transactions.

Implications of the Decision

This decision has several significant implications for financial sector operators:

  • Obligation to report: Operators must report any transaction that may be considered suspicious, even in the absence of precise indications of money laundering.
  • Objective judgment: The assessment must be based on objective criteria, rather than personal beliefs, reducing the risk of omissions due to subjective evaluations.
  • Strengthening compliance: Financial institutions will need to implement stricter internal procedures to ensure the timely reporting of suspicious transactions.

Conclusions

In conclusion, order no. 11440 of 2024 represents an important step in the fight against money laundering, emphasizing the need for a proactive and objective approach by financial operators. This ruling not only clarifies the responsibilities of operators but also promotes greater transparency and accountability in the financial sector, contributing to a fairer and safer system.

Bianucci Law Firm