§3409 Delayed Notice

Summary

A judge can order that a bank or other financial institution not tell a customer when the government asks for the customer’s financial records. The government must ask the court. The judge must find three things: the investigation is within the government’s legal power, the records are likely relevant to a real law‑enforcement investigation, and telling the customer would likely do serious harm — for example, put someone’s safety at risk, cause the person to run from prosecution, lead to destruction or tampering with evidence, frighten or threaten witnesses, or otherwise seriously hurt or delay the investigation or a trial. If the judge makes those findings, the court will issue a secret order that blocks notice for up to 90 days and tells the bank not to reveal the request. The court may extend the delay in up to 90‑day steps on later requests. In limited cases involving federal control of foreign accounts (under certain U.S. foreign‑account authorities, including the International Emergency Economic Powers Act), the court may allow an indefinite delay if notice could endanger lives. When the delay ends, the customer must be served or mailed the process and a notice that names the date, explains that notice was withheld and why, and states the purpose of the inquiry. For emergency access to records, the agency must, unless a court ordered a delay, promptly mail or serve the customer a copy of the request and a notice saying who got the records, the date, the reason, and the grounds. Any papers filed to get a delay must be kept by the court, and the customer can ask the court to see them unless the court again finds the reasons to keep them secret.