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Criminal Resource Manual 424 Procedure For Grand Jury Subpoena Of Financial Records
Procedure for Grand Jury Subpoena of Financial Records
To carry out the Congressional mandate, a grand jury log of all subpoenas duces tecum for financial records issued and returned must be established and maintained.
The grand jury log of subpoenas for financial records should contain the following information: (1) description of the grand jury subpoena, (2) date issued, (3) date returned, (4) subsequent disposition of records (disposition notes might contain entries such as "turned over to FBI Agent Jones for analysis on 7/17/92; returned to GJ by Agent Jones with summary on 7/24/92"). Entries as to disposition of records are important because the purpose of the log requirement is to establish a "paper trail" so that handling of subpoenaed records is documented for later review if necessary. The log requirement does not necessitate establishment of a separate system if the information required to be maintained therein is documented in some other way (i.e., grand jury minutes or docket entries).
The Act requires full compliance with previously stated Department grand jury policy as published in the United States Attorney's Manual at 9-11.142:
- a United States Attorney or Assistant United States Attorney shall personally authorize the issuance of a subpoena duces tecum to obtain financial records in such a way as to avoid any appearance that the matter was left to the discretion of an investigative agent serving the subpoena;
- every such subpoena shall be returnable only on a date when the grand jury is in session, and the subpoenaed records shall be produced before the grand jury, unless the grand jury itself has previously agreed upon some different course (see United States v. Hilton, 534 F.2d 556, 564-65 (3rd Cir. 1976)); and
- if, for the sake of convenience and economy, the subpoenaed party is permitted voluntarily to relinquish the records to the government agency serving the subpoena, a report shall be made in due course to the grand jury as to the nature and contents of the records.
Updated February 19, 2015