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Financial Services Law Insights and Observations

FinCEN reports significant increase in ransomware-related BSA filings in 2021

Financial Crimes Of Interest to Non-US Persons FinCEN Privacy, Cyber Risk & Data Security Ransomware Department of Treasury Bank Secrecy Act Anti-Money Laundering Act of 2020 Anti-Money Laundering Russia

Financial Crimes

On November 1, FinCEN reported that ransomware continues to pose a significant threat to U.S. infrastructure, businesses, and the public, with ransomware-related Bank Secrecy Act (BSA) filings in 2021 accounting for nearly $1.2 billion. Issued pursuant to the Anti-Money Laundering Act of 2020, FinCEN’s Financial Trend Analysis examines ransomware activities for calendar year 2021, with a particular focus on ransomware trends in BSA data from July-December 2021. According to FinCEN, reported ransomware-related incidents have substantially increased from 2020, with roughly 75 percent of these incidents reported during the second half of 2021 emanating from or connected to actors in Russia. Highlights from the report include: (i) the number and total U.S. dollar value for ransomware-related incidents during 2021 far exceeds data for any previous year, with FinCEN reporting a 188 percent increase from 2020 to 2021 (possibly reflecting either an increase of ransomware-related incidents or improved reporting and detection); (ii) an average of 132 and a median of 136 ransomware-related incidents per month were reported during the review period (Treasury’s October 2021 measures to combat ransomware — covered by InfoBytes here — and potentially associated reporting obligations may have contributed to the overall rise in 2021 filings, FinCEN noted); and (iii) of the 793 ransomware-related incidents reported during the second half of 2021, 594 (roughly 75 percent) pertained to Russia-related variants.

The same day, Deputy Secretary of the Treasury Wally Adeyemo hosted participants from 36 countries during the second International Counter Ransomware Initiative Summit where attendees examined the challenges presented by ransomware and discussed the U.S.’s whole-of-government approach for responding to serious threats posed by bad actors.