The investigation that allegedly caught New York Gov. Eliot Spitzer paying a call girl for sex was triggered by an elaborate financial surveillance system that was expanded after the Sept. 11 attacks to snare terrorists, drug traffickers, international organized-crime figures and white-collar criminals, federal law enforcement officials said Tuesday.
The federal Bank Secrecy Act requires financial institutions to report suspicious transactions to the Treasury Department. Those transactions are then reviewed and, in some cases, passed on to criminal investigators if they suggest potential illegal activity. That is what happened in the case of Spitzer, according to federal law enforcement authorities, who said it was the alleged transactions themselves -- and not the governor or the high-priced prostitution ring now linked to him -- that prompted the investigation.
Spitzer drew the attention of bank officials when he split one financial transaction of at least $10,000 into three smaller ones to evade reporting requirements. Citing unnamed law enforcement sources, the newspaper reported that Spitzer then tried unsuccessfully to take his name off the three transactions.
On Tuesday, authorities said it is the transactions themselves that could get Spitzer into legal trouble, especially if authorities determine that he was trying to "structure" them to avoid reporting requirements or disguise the true nature of the payments.
According to the federal law enforcement official, Spitzer's bank reported his suspicious transactions, as required under the Bank Secrecy Act, by electronically filing at least one Suspicious Activity Report, or SAR. One financial crimes expert, former senior FBI official Dennis Lormel, said that SARs have been required for many more financial transactions since the Sept. 11 attacks and that bank compliance officers "have come down really hard" on financial institutions.
The SARs are forwarded by the Internal Revenue Service to a Treasury Department agency known as FinCEN, the Financial Crimes Enforcement Network.
SARs usually contain the names of the senders and receivers of financial transactions and information from bank officials about why they believe the transactions were suspicious, said Lormel, who is now senior vice president for anti-money laundering for Virginia-based Corporate Risk International.
It is illegal to disclose publicly that a SAR has been filed, but the information is widely disseminated to federal and even state law enforcement agencies, Lormel said.
In Spitzer's case, agents from the IRS' criminal investigation division, and later the FBI public corruption squad, began to unravel the threads of the financial transactions. They linked cash payments first to accounts tied to suspicious front companies and then, ultimately, to the Emperors' Club call-girl ring, according to the federal law enforcement official and a second person familiar with the probe.