(a) Financial records about a
customer obtained from a financial institution pursuant to a subpena
issued under the authority of a Federal grand jury—
(1) shall be returned and actually presented
to the grand jury unless the volume of such records makes such return
and actual presentation impractical in which case the grand jury shall
be provided with a description of the contents of the records;
(2) shall be used only
for the purpose of considering whether to issue an indictment or presentment
by that grand jury, or of prosecuting a crime for which that indictment
or presentment is issued, or for a purpose authorized by rule 6(e)
of the Federal Rules of Criminal Procedure, or for a purpose authorized
by section 1112(a);
(3) shall be destroyed or returned to the financial institution if
not used for one of the purposes specified in paragraph (2); and
(4) shall not be maintained,
or a description of the contents of such records shall not be maintained
by any Government authority other than in the sealed records of the
grand jury, unless such record has been used in the prosecution of
a crime for which the grand jury issued an indictment or presentment
or for a purpose authorized by rule 6(e) of the Federal Rules of Criminal
Procedure.
6-1784.1
(b)(1) No officer, director, partner,
employee, or shareholder of, or agent or attorney for, a financial
institution shall, directly or indirectly, notify any person named
in a grand jury subpoena served on such institution in connection
with an investigation relating to a possible—
(A) crime
against any financial institution or supervisory agency or crime involving
a violation of the Controlled Substance Act, the Controlled Substances
Import and Export Act, section 1956, 1957, or 1960 of title 18, United
States Code, sections 5313, 5316, 5322, 5324, 5331, and 5332 of title
31, United States Code, or section 6050I of the Internal Revenue Code
of 1986; or
(B) conspiracy
to commit such a crime, about the existence or contents of such subpoena,
or information that has been furnished to the grand jury in response
to such subpoena.
(2) Section 8 of the Federal Deposit Insurance
Act and section 206(k)(2) of the Federal Credit Union Act shall apply
to any violation of this subsection.
[12 USC 3420. As amended
by acts of Nov. 18, 1988 (102 Stat. 4358); Aug. 9, 1989 (103 Stat.
497); Oct. 28, 1992 (106 Stat. 4066); Oct. 26, 2001 (115 Stat. 327);
and Jan. 1, 2021 (134 Stat. 4594).]
