12 U.S.C. § 3405 : US Code - Section 3405: Administrative subpena and summons

Search 12 U.S.C. § 3405 : US Code - Section 3405: Administrative subpena and summons

A Government authority may obtain financial records under section
3402(2) of this title 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 [12
U.S.C. 3401 et seq.] 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 3410 of this title have been complied with.