On 4th September, Ballard Spahr published a briefing looking at the protection offered against civil or criminal comeback against those who file a SAR in good faith, focussing on a recent court case in Massachusetts. In the case, AER Advisors Inc filed a complaint alleging that Fidelity Brokerage Services LLC falsely implicated them in a SAR, a SAR that was filed in bad faith. As a result, AER claimed it was subject to multiple investigations by state and federal agencies. Fidelity sought to dismiss the complaint, arguing that it had complete immunity from any liability for any SAR it filed. The court agreed. Apparently, the “good faith” is not a given though Congress is contemplating inserting a provision into the law requiring good faith in submitting a SAR.