FinCEN To Reshape Casino AML/CFT Compliance

30 October 2026

U.S. regulators propose new rules that will increase costs and risks for casinos

On April 10, 2024, the U.S. Department of the Treasury's Financial Crimes Enforcement Network (FinCEN) published a major proposed rule to overhaul the anti-money laundering (AML) and countering financing of terrorism (CFT) compliance requirements for casinos, card clubs, and other gaming establishments.

The proposed rule, which would have a 12-month implementation period, most notably would require casinos' board of directors or equivalent governing body to approve the casino's AML/CFT compliance program. Currently, the Treasury rules require casino operators to implement and document compliance programs, establish internal controls, designate a compliance officer, conduct independent testing, and fulfill reporting requirements, including filing suspicious activity reports (SARs).

Other implications for casino compliance programs include:

Removing the existing language that requires casinos with automated data processing systems to use automated programs to aid in compliance.

Retaining key existing requirements, including procedures, internal controls, a compliance officer, independent testing, and reporting.

The rule, with its board approval requirement and required compliance documentation, represents an expansion of the compliance burden for casino operators and indicates a much greater emphasis on oversight and enforcement risk.

Exposure from non-compliance with BSA compliance or AML program requirements is significant. FinCEN's 2009 advisory remains active and warns that for casinos and card clubs, each day without an adequate written BSA/AML program could involve a civil money penalty of up to $25,000. Recent FinCEN compliance assessments indicate that program deficiencies could result in similar enforcement actions, though the regulator has not published the full extent of BSA civil money penalties in recent years.

Practically, this may pose challenges for casinos that already have mature AML/CFT compliance programs, particularly those with a high degree of automation.

With a potential effective date in April 2025 if finalized, casinos will need to review how their board and senior management are tied into compliance oversight, especially as far as approving the program as a whole. The requirements for independent testing should also be part of any audit, and relying on a single test without documentation could create risk. Additionally, because the proposed rule removes the language explicitly requiring casinos with automated systems to use automated programs, casinos with automated AML tools may need to review their current compliance solutions.

Casinos with automated compliance tools that rely on automated transaction monitoring and game tracking to identify red flags and file SARs will need to revisit this approach.

Casino operators should use the 12-month transition period to assess documentation, implement any gaps, and ensure that their board, senior management, and the corporate compliance team are prepared for the risks and increased responsibilities associated with the final rule.