(a) A Government authority may
obtain financial records under section 1102(3) only if it obtains
a search warrant pursuant to the Federal Rules of Criminal Procedure.
(b) No later than ninety days after the Government
authority serves the search warrant, it shall mail to the customer’s
last known address a copy of the search warrant together with the
following notice:
“Records or information concerning your transactions
held by the financial institution named in the attached search warrant
were obtained by this (agency or department) on (date) for the following
purpose:
. You may have rights under the Right
to Financial Privacy Act of 1978.”.
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(c) Upon application of the Government authority, a court may grant
a delay in the mailing of the notice required in subsection (b), which
delay shall not exceed one hundred and eighty days following the service
of the warrant, if the court makes the findings required in section
1109(a). If the court so finds, it shall enter an ex parte order granting
the requested delay and an order prohibiting the financial institution
from disclosing that records have been obtained or that a search warrant
for such records has been executed. Additional delays of up to ninety
days may be granted by the court upon application, but only in accordance
with this subsection. Upon expiration of the period of delay of notification
of the customer, the following notice shall be mailed to the customer
along with a copy of the search warrant:
“Records or information concerning your transactions
held by the financial institution named in the attached search warrant
were obtained by this (agency or department) on (date). Notification
was delayed beyond the statutory ninety-day delay period pursuant
to a determination by the court that such notice would seriously jeopardize
an investigation concerning
. You may have rights under
the Right to Financial Privacy Act of 1978.”.
[12 USC 3406.]
