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425

Procedures for Handling Financial Records Subpoenaed by the Grand Jury

Financial records subpoenaed by a grand jury must be accorded the same protection as other "grand jury materials," such as grand jury transcripts, and must be used only in connection with obtaining an indictment for prosecution of the indicted offense, or for purposes authorized by Rule 6(e) of the Federal Rules of Criminal Procedure or by Brady v. Maryland, 373 U.S. 83 (1963).

Because 12 U.S.C. § 3420 incorporates Rule 6(e) of the Federal Rules of Criminal Procedure, FBI and DEA access to grand jury-subpoenaed financial records is the same as with respect to other 6(e) material. More specifically, 12 U.S.C. § 3420 permits agents, when authorized by the attorney for the government, to (1) have ready access to grand jury-subpoenaed records, (2) copy such records as necessary in connection with criminal investigative activities, (3) summarize such records in FD-302's and other reports, (4) circulate such reports to other offices as necessary to check and cross-check information, and (5) use such reports in setting out criminal investigative leads to other offices.