12 U.S.C. § 3409Delayed notice
- Application by Government authority; findings
- Upon application of the Government authority, the customer notice
under section 3404(c), 3405(2), 3406(c), 3407(2), 3408(4), or 3412(b) of
title may be delayed by order of an appropriate court if the presiding judge
magistrate finds that--
- the investigation being conducted is within the lawful
of the Government authority seeking the financial records;
- there is reason to believe that the records being sought are
to a legitimate law enforcement inquiry; and
- there is reason to believe that such notice will result in--
- endangering life or physical safety of any person;
- flight from prosecution;
- destruction of or tampering with evidence;
- intimidation of potential witnesses; or
- otherwise seriously jeopardizing an investigation or official
proceeding or unduly delaying a trial or ongoing official proceeding to the
extent as the circumstances in the preceding [FN1] subparagraphs.
- An application for delay must be made with reasonable specificity.
- Grant of delay order; duration and specifications; extensions;
of request and notice to customer (1) If the court makes the findings
in paragraphs (1), (2), and (3) of subsection (a) of this section, it shall
an ex parte order granting the requested delay for a period not to exceed
days and an order prohibiting the financial insosing that records have been
obtained or that a request for records has been made, except that, if the
have been sought by a Government authority exercising financial controls
foreign accounts in the United States under section 5(b) of the Trading With
Enemy Act [12 U.S.C.A. § 95a, 50 App. U.S.C.A. s 5(b)], the
Emergency Economic Powers Act (title II, Public Law 95-223) [50 U.S.C.A.
1701 et seq.], or section 287c of Title 22, and the court finds that there
reason to believe that such notice may endanger the lives or physical safety
a customer or group of customers, or any person or group of persons
with a customer, the court may specify that the delay be indefinite.
- Extensions of the delay of notice provided in paragraph (1) of up
to ninety days each may be granted by the court upon application, but only
accordance with this subsection.
- Upon expiration of the period of delay of notification under
(1) or (2), the customer shall be served with or mailed a copy of the
request together with the following notice which shall state with reasonable
specificity the nature of the law enforcement inquiry:
"Records or information concerning your transactions which
held by the financial institution named in the attached process or request
supplied to or requested by the Government authority named in the process or
request on (date). Notification was withheld pursuant to a determination by
(title of court so ordering) under the Right to Financial Privacy Act of
U.S.C.A. § 3401 et seq.] that such notice might (state reason). The
of the investigation or official proceeding was."
- Notice requirement respecting emergency access to financial records
- When access to financial records is obtained pursuant to section
of this title (emergency access), the Government authority shall, unless a
has authorized delay of notice pursuant to subsections (a) and (b) of this
section, as soon as practicable after such records are obtained serve upon
customer, or mail by registered or certified mail to his last known address,
copy of the request to the financial institution together with the following
notice which shall state with reasonable specificity the nature of the law
"Records concerning your transactions held by the financial
institution named in the attached request were obtained by (agency or
Underancial Privacy Act of 1978 [12 U.S.C.A. § 3401 et seq.] on (date)
the following purpose:Emergency access to such records was obtained on the
grounds that (state grounds)."
- Preservation of memorandums, affidavits, or other papers
- Any memorandum, affidavit, or other paper filed in connection with a
request for delay in notification shall be preserved by the court. Upon
by the customer to whom such records pertain, the court may order disclosure
such papers to the petitioner unless the court makes the findings required
subsection (a) of this section.