§3322 — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

A government lawyer can ask a court to let grand jury information about a banking law violation be given to identified staff at a federal or state financial regulator. The information must come from someone who learned it while working as a government lawyer or was released under Federal Rule of Criminal Procedure 6(e)(3)(A)(ii). A court can order disclosure during or after the grand jury investigation if it finds a substantial need. People who receive the information may only use it for the allowed purpose. Definitions: “banking law violation” — violations or conspiracies listed in sections 215, 656, 657, 1005, 1006, 1007, 1014, 1344, 1956, 1957; section 1341 or 1343 when they affect a financial institution; or any provision of subchapter II of chapter 53 of title 31, U.S.C. “Attorney for the government” — as defined in the Federal Rules of Criminal Procedure. “Grand jury information” — things that happened before a grand jury, not the jury’s private discussions or votes.

Title 18, §3322

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(a)A person who is privy to grand jury information—

(1)received in the course of duty as an attorney for the government; or

(2)disclosed under rule 6(e)(3)(A)(ii) of the Federal Rules of Criminal Procedure;

(b)(1)Upon motion of an attorney for the government, a court may direct disclosure of matters occurring before a grand jury during an investigation of a banking law violation to identified personnel of a Federal or State financial institution regulatory agency—

(A)for use in relation to any matter within the jurisdiction of such regulatory agency; or

(B)to assist an attorney for the government to whom matters have been disclosed under subsection (a).

(2)A court may issue an order under paragraph (1) at any time during or after the completion of the investigation of the grand jury, upon a finding of a substantial need.

(c)A person to whom matter has been disclosed under this section shall not use such matter other than for the purpose for which such disclosure was authorized.

(d)As used in this section—

(1)the term “banking law violation” means a violation of, or a conspiracy to violate—

(A)section 215, 656, 657, 1005, 1006, 1007, 1014, 1344, 1956, or 1957;

(B)section 1341 or 1343 affecting a financial institution; or

(C)any provision of subchapter II of chapter 53 of title 31, United States Code;

(2)the term “attorney for the government” has the meaning given such term in the Federal Rules of Criminal Procedure; and

(3)the term “grand jury information” means matters occurring before a grand jury other than the deliberations of the grand jury or the vote of any grand juror.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 951 of the Financial Institutions Reform, Recovery and

Enforcement

Act of 1989, referred to in subsec. (a), is classified to section 1833a of Title 12, Banks and Banking. The Federal Rules of Criminal Procedure, referred to in subsecs. (a)(2) and (d)(2), are set out in the Appendix to this title.

Prior Provisions

A prior section 3322, act June 25, 1948, ch. 645, 62 Stat. 829, related to the summoning of and number of grand jurors, prior to repeal by Pub. L. 101–73, § 964(a). See Rule 6(a) of the Federal Rules of Criminal Procedure, set out in the Appendix to this title.

Amendments

2002—Subsec. (d)(1)(A). Pub. L. 107–273, § 11002(1), substituted “1344, 1956, or 1957;” for “or 1344; or”. Subsec. (d)(1)(C). Pub. L. 107–273, § 11002(2), (3), added subpar. (C). 2000—Subsec. (a). Pub. L. 106–185 struck out “concerning a banking law violation” after “grand jury information” in introductory provisions and substituted “any civil forfeiture provision of Federal law” for “civil forfeiture under section 981 of title 18, United States Code, of property described in section 981(a)(1)(C) of such title” in concluding provisions. 1999—Subsec. (b)(1). Pub. L. 106–102, § 740(1), inserted “Federal or State” before “financial institution” in introductory provisions. Subsec. (b)(2). Pub. L. 106–102, § 740(2), inserted “at any time during or after the completion of the investigation of the grand jury,” after “paragraph (1)”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2000 AmendmentAmendment by Pub. L. 106–185 applicable to any forfeiture proceeding commenced on or after the date that is 120 days after Apr. 25, 2000, see section 21 of Pub. L. 106–185, set out as a note under section 1324 of Title 8, Aliens and Nationality.

§3322 Disclosure of certain matters occurring before grand jury