A Government authority may obtain
financial records under section 1102(2) pursuant to an administrative
subpena or summons otherwise authorized by law only if—
(1) there is reason to believe that the
records sought are relevant to a legitimate law enforcement inquiry;
(2) a copy of the subpena
or summons has been served upon the customer or mailed to his last
known address on or before the date on which the subpena or summons
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
held by the financial institution named in the attached subpena or
summons are being sought by this (agency or department) 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 any one of the following United
States district courts:
“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 of the notice or fourteen days have expired
from the date of mailing 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 3405.]
