(a) Upon application of the
Government authority, the customer notice required under section 1104(c),
1105(2), 1106(c), 1107(2), 1108(4), or 1112(b) may be delayed by order
of an appropriate court if the presiding judge or magistrate finds
that—
(1) the investigation being
conducted is within the lawful jurisdiction of the Government authority
seeking the financial records;
(2) there is reason to believe that the
records being sought are relevant to a legitimate law enforcement
inquiry; and
(3) there
is reason to believe that such notice will result in—
(A) endangering
life or physical safety of any person;
(B) flight from prosecution;
(C) destruction of or tampering
with evidence;
(D)
intimidation of potential witnesses; or
(E) otherwise seriously jeopardizing
an investigation or official proceeding or unduly delaying a trial
or ongoing official proceeding to the same extent as the circumstances
in the preceding subparagraphs.
An application for delay must be
made with reasonable specificity.
6-1764
(b) (1) If the court makes the findings
required in paragraphs (1), (2), and (3) of subsection (a), it shall
enter an ex parte order granting the requested delay for a period
not to exceed ninety days and an order prohibiting the financial institution
from disclosing that records have been obtained or that a request
for records has been made, except that, if the records have been sought
by a Government authority exercising financial controls over foreign
accounts in the United States under section 5(b) of the Trading with
the Enemy Act (50 U.S.C. App. 5(b)), the International Emergency Economic Powers Act
(title II, Public Law 95-223), or section 5 of the United Nations
Participation Act (22 U.S.C. 287c), and the court finds that there
is reason to believe that such notice may endanger the lives or physical
safety of a customer or group of customers, or any person or group
of persons associated with a customer, the court may specify that
the delay be indefinite.
(2) Extensions of the delay of notice provided in paragraph (1) of
up to ninety days each may be granted by the court upon application,
but only in accordance with this subsection.
(3) Upon expiration of the period of delay
of notification under paragraph (1) or (2), the customer shall be
served with or mailed a copy of the process or request 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
process or request were supplied to or requested by the Government
authority named in the process or request on (date). Notification
was withheld pursuant to a determination by the (title of court so
ordering) under the Right to Financial Privacy Act of 1978 that such
notice might (state reason)
. The purpose of the investigation
or official proceeding was
.”. 6-1765
(c) When access to financial records is obtained pursuant
to section 1114(b) (emergency access), the Government authority shall,
unless a court has authorized delay of notice pursuant to subsections
(a) and (b), as soon as practicable after such records are obtained
serve upon the customer, or mail by registered or certified mail to
his last known address, a copy of the request to the financial institution
together with the following notice which shall state with reasonable
specificity the nature of the law enforcement inquiry:
“Records concerning your transactions held by the financial
institution named in the attached request were obtained by (agency
or department) under the Right to Financial Privacy Act of 1978 on
(date) for the following purpose:
Emergency
access to such records was obtained on the grounds that (state grounds).”. (d) Any
memorandum, affidavit, or other paper filed in connection with a request
for delay in notification shall be preserved by the court. Upon petition
by the customer to whom such records pertain, the court may order
disclosure of such papers to the petitioner unless the court makes
the findings required in subsection (a).
[12 USC 3409.]
