|
RFPA
Form Q-1 -- Motion for Order Prohibiting Notification of Service of Grand
Jury
Subpoenas Duces Tecum
IN THE UNITED STATES DISTRICT COURT
FOR THE _______ DISTRICT OF _______
IN RE: GRAND JURY SUBPOENAS
DUCES TECUM, DATED MISC. NO. _____________
(INSERT DATE)
MOTION FOR ORDER PROHIBITING NOTIFICATION OF
SERVICE OF GRAND JURY SUBPOENAS DUCES TECUM
The United States of America, by ___________________ , United States
Attorney for the District of ________________ , and
(insert name of Assistant U.S. Attorney) Assistant United States
Attorney for
said District, moves the Court, pursuant to 12 U.S.C. Section 3409, and 28
U.S.C.
Section 1651, and pursuant to the Federal Rules of Criminal Procedure, for
an
Order prohibiting (insert name of bank) from serving upon its customers
notification of the service upon that institution of a Grand Jury subpoena
duces
tecum, and states as follows:
- On (insert month and year), this Court assigned to the ________
Grand
Jury, (insert month and year), Term, an investigation of (insert brief
description of nature of investigation). With the assistance of the Office
of
the United States Attorney for the District of (insert state) the Special
Grand
Jury is presently conducting an investigation of certain violations of the
federal criminal laws involving (insert brief description of nature of
investigation). (On (insert date), that investigation was transferred by
the
Court to the (insert month and year) Term ______ Grand Jury ______ ).
- On or about (insert date of subpoena), a subpoena duces tecum was
issued,
on behalf of the Grand Jury, addressed to the Custodian of Records of
(insert
name of bank), and calling for production by them of certain financial
records
before the (insert month and year), Term ________ Grand Jury. A copy of
that
subpoenaed. There is reason to believe that the records, whose production
is
sought under the terms of the subpoena, are relevant to the ________ Grand
Jury's
present investigation of, (insert investigation description). The subpoena
was
served upon the (insert name of bank) shortly after its issuance.
- When served with the Grand Jury's subpoena, the custodian of records
of
the (insert name of bank) notified the Government that, in accordance with
the
Bank's policy (and/or applicable state law), the Bank would undertake
immediately
to notify its customers of the fact of service of that subpoena, despite the
fact
that such notice is not required by the Right to Financial Privacy Act.
Such
disclosure to the customers of the financial institution subpoenaed will
result
in serious prejudice to the _____ Grand Jury's ongoing investigation. In
particular, notification of those customers of the service of that subpoena
will
seriously jeopardize the ______ Grand Jury's investigation by impairing its
ability to obtain the testimony of other potential witnesses, (and will
seriously
jeopardize an ongoing undercover investigative effort presently being
conducted
by the Federal Bureau of investigation).)
WHEREFORE, the Government respectfully requests this Court issue an
order
as follows:
- Directing that, for a period not to exceed 90 days, (insert name
of bank) shall not provide its customers, either directly or indirectly,
with
notice of the fact of service of the Grand Jury subpoenas duces tecum dated
(insert date of subpoena), or notice of the nature of the documents whose
production is commanded under the terms of the subpoena, or notice of the
fact
that such documents have been produced before the Grand Jury in compliance
with
the subpoena's terms; and
- Commanding that this motion and the order issued pursuant hereto shall
remain sealed for a period of time not to exceed 90 days, or until further
order
of this Court, whichever shall first occur, and providing that a copy of the
order issued pursuant hereto may be served upon the custodian of records
of the (insert name of bank); and
- Commanding that a copy of the Grand Jury subpoena duces tecum dated
(insert date of subpoena), attached hereto, shall remain sealed until the
______
Grand Jury, (insert month and year) Term, concludes its present
investigation of
(insert investigation description), or until further order of this Court,
whichever shall first occur.
Respectfully submitted,
_______________________
United States Attorney
By: _______________________
Assistant U.S. Attorney
(Attach a copy of Grand Jury Subpoena Duces Tecum)
|