This is archived content from the U.S. Department of Justice website. The information here may be outdated and links may no longer function. Please contact if you have any questions about the archive site.

418. Appeals and Other Post-Challenge Matters

Denials of customer challenges are not appealable until after the conclusion of any legal proceedings brought against the customer based upon the financial records. 12 U.S.C. § 3410(d). Because of this restriction on customer appeals, the government must notify the customer upon a determination not to proceed further with the legal proceeding in connection with which financial records have been obtained over a customer challenge. Such notice does not preclude a later legal proceeding based in whole or in part on newly obtained evidence. Where records are obtained over a customer challenge, the Act requires the government to notify the appropriate court if no prosecutorial decision is made within 180 days of disclosure. 12 U.S.C. § 3410(d).

The running of any applicable statute of limitations is suspended during the time that a customer challenge action is pending in court. 12 U.S.C. §  3419.

The suggested form of notice that no legal proceeding is contemplated is Form DOJ-473.

Updated January 22, 2020