PRIA, Government Policy, Made Personal

Summary

A government agency can get a person’s bank or other financial records by a court subpoena only if three rules are followed. First, the subpoena must be allowed by law and there must be a reason to think the records are needed for a real law‑enforcement investigation. Second, a copy of the subpoena must be given to the customer or mailed to their last known address on or before the day the bank gets it. That notice must say what the investigation is about and tell the customer how to object. The notice must tell the customer to fill out and sign a written motion and sworn statement, file them with the court clerk, and give a copy to the agency asking for the records. It must say the customer may have to come to court and that a lawyer is optional. If the customer does not file the sworn motion within 10 days after personal service or 14 days after mailing, the records will be released. The records may later be passed to other agencies for legitimate investigations, and the customer will be told after any such transfer.

Title 12, §3407

Banks and Banking, Source: USLM XML via OLRC

A Government authority may obtain financial records under section 3402(4) of this title pursuant to judicial subpena only if—

(1)such subpena is authorized by law and there is reason to believe that the records sought are relevant to a legitimate law enforcement inquiry;

(2)a copy of the subpena has been served upon the customer or mailed to his last known address on or before the date on which the subpena was served on the financial institution together with the following notice which shall state with reasonable specificity the nature of the law enforcement inquiry: “Records or information concerning your transactions which are held by the financial institution named in the attached subpena are being sought by this (agency or department or authority) in accordance with the Right to Financial Privacy Act of 1978 [12 U.S.C. 3401 et seq.] for the following purpose: If you desire that such records or information not be made available, you must: “1. Fill out the accompanying motion paper and sworn statement or write one of your own, stating that you are the customer whose records are being requested by the Government and either giving the reasons you believe that the records are not relevant to the legitimate law enforcement inquiry stated in this notice or any other legal basis for objecting to the release of the records. “2. File the motion and statement by mailing or delivering them to the clerk of the Court. “3. Serve the Government authority requesting the records by mailing or delivering a copy of your motion and statement to . “4. Be prepared to come to court and present your position in further detail. “5. You do not need to have a lawyer, although you may wish to employ one to represent you and protect your rights. If you do not follow the above procedures, upon the expiration of ten days from the date of service or fourteen days from the date of mailing of this notice, the records or information requested therein will be made available. These records may be transferred to other government authorities for legitimate law enforcement inquiries, in which event you will be notified after the transfer;” and

(3)ten days have expired from the date of service or fourteen days from the date of mailing of the notice to the customer and within such time period the customer has not filed a sworn statement and motion to quash in an appropriate court, or the customer challenge provisions of section 3410 of this title have been complied with.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Right to Financial Privacy Act of 1978, referred to in par. (2), 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.

§3407 Judicial Subpena