§3406 — Title 12 Banks and Banking | U.S. Code

Summary

A government agency must get a search warrant under the Federal Rules of Criminal Procedure before it can get financial records under section 3402(3). Within 90 days after serving that warrant, the agency must mail the customer at their last known address a copy of the warrant and a notice saying the named financial institution’s records were obtained on a given date by the agency for a stated purpose, and that the customer may have rights under the Right to Financial Privacy Act of 1978 [12 U.S.C. 3401 et seq.]. A court can delay that notice up to 180 days if it makes the findings required in section 3409(a). If the court does so, it will issue a secret order that delays notice and forbids the financial institution from telling the customer that records were obtained or that a warrant was used. The court may grant further delays of up to 90 days each under the same rules. When the delay ends, the agency must mail the customer a copy of the warrant and a notice saying the notice was delayed beyond the 90-day period because telling them sooner would seriously jeopardize an investigation, and that they may have rights under the Right to Financial Privacy Act of 1978 [12 U.S.C. 3401 et seq.].

Title 12, §3406

Banks and Banking — Source: USLM XML via OLRC

(a)A Government authority may obtain financial records under section 3402(3) of this title only if it obtains a search warrant pursuant to the Federal Rules of Criminal Procedure.

(b)No later than ninety days after the Government authority serves the search warrant, it shall mail to the customer’s last known address a copy of the search warrant together with the following notice: “Records or information concerning your transactions held by the financial institution named in the attached search warrant were obtained by this (agency or department) on (date) for the following purpose: . You may have rights under the Right to Financial Privacy Act of 1978 [12 U.S.C. 3401 et seq.].”.

(c)Upon application of the Government authority, a court may grant a delay in the mailing of the notice required in subsection (b), which delay shall not exceed one hundred and eighty days following the service of the warrant, if the court makes the findings required in section 3409(a) of this title. If the court so finds, it shall enter an ex parte order granting the requested delay and an order prohibiting the financial institution from disclosing that records have been obtained or that a search warrant for such records has been executed. Additional delays of up to ninety days may be granted by the court upon application, but only in accordance with this subsection. Upon expiration of the period of delay of notification of the customer, the following notice shall be mailed to the customer along with a copy of the search warrant: “Records or information concerning your transactions held by the financial institution named in the attached search warrant were obtained by this (agency or department) on (date). Notification was delayed beyond the statutory ninety-day delay period pursuant to a determination by the court that such notice would seriously jeopardize an investigation concerning . You may have rights under the Right to Financial Privacy Act of 1978 [12 U.S.C. 3401 et seq.].”.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Federal Rules of Criminal Procedure, referred to in subsec. (a), are set out in the Appendix to Title 18, Crimes and Criminal Procedure. The Right to Financial Privacy Act of 1978, referred to in subsecs. (b) and (c), is title XI of Pub. L. 95–630, Nov. 10, 1978, 92 Stat. 3697, which is classified generally to this chapter (§ 3401 et seq.). For complete classification of this Act to the Code, see

Short Title

note set out under section 3401 of this title and Tables.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective upon the expiration of 120 days after Nov. 10, 1978, see section 2101 of Pub. L. 95–630, set out as a note under section 375b of this title.

§3406 Search warrants