A Government authority may
obtain financial records under section 1102(4) 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 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 1110 have been
complied with.
[12 USC 3407.]
