(4) (A)
a copy of the request has been served upon the customer or mailed
to his last known address on or before the date on which the request
was made to 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 request 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 may 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
(B) ten days have expired
from the date of service or fourteen days from the date of mailing
of the notice by the customer and within such time period the customer
has not filed a sworn statement and an application to enjoin the Government
authority in an appropriate court, or the customer challenge provisions
of section 1110 have been complied with.
