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Criminal Resource Manual

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.