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Criminal Resource Manual 426 Prohibiting Banks From Notifying Customers Of Grand Jury Subpoenas

426

Prohibiting Banks from Notifying Customers of Grand Jury Subpoenas

There are two situations when banks and their personnel are prohibited from notifying their customers of a grand jury subpoena for their records. The first is when the government obtains a court order delaying notification by following the procedures set at § 3409(a) of the Act. See Delayed Notice at 11, 12 U.S.C. § 3413(i). The second situation is where the records are being subpoenaed to investigate crimes against a financial institution or supervisory agency, 12 U.S.C. § 3420(b) makes it a crime for the bank or its personnel to provide notice to the customer.
* It should also be noted that 18 U.S.C. § 1510(b) establishes criminal penalties for situations where an officer of a financial institution notifies, directly or indirectly, any person regarding the existence or contents of a subpoena with the intent to obstruct a judicial proceeding.
Updated February 19, 2015