§ 3405. Administrative subpena and summons

433 words·~2 min read·/usc/title-12/section-3405

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A Government authority may obtain financial records under section 3402(2) of this title pursuant to an administrative subpena or summons otherwise authorized by law only if—

(1)there is reason to believe that the records sought are relevant to a legitimate law enforcement inquiry;

(2)“Records or information concerning your transactions held by the financial institution named in the attached subpena or summons are being sought by this (agency or department) in accordance with the Right to Financial Privacy Act of 1978 [12 U.S.C. 3401 et seq.] for the following purpose: If you desire that such records or information not be made available, you must:

“1. Fill out the accompanying motion paper and sworn statement or write one of your own, stating that you are the customer whose records are being requested by the Government and either giving the reasons you believe that the records are not relevant to the legitimate law enforcement inquiry stated in this notice or any other legal basis for objecting to the release of the records.

“2. File the motion and statement by mailing or delivering them to the clerk of any one of the following United States district courts:

“3. Serve the Government authority requesting the records by mailing or delivering a copy of your motion and statement to .

“4. Be prepared to come to court and present your position in further detail.

“5. You do not need to have a lawyer, although you may wish to employ one to represent you and protect your rights.

(3)ten days have expired from the date of service of the notice or fourteen days have expired from the date of mailing the notice to the customer and within such time period the customer has not filed a sworn statement and motion to quash in an appropriate court, or the customer challenge provisions of section 3410 of this title have been complied with.

(Pub. L. 95–630, title XI, § 1105, Nov. 10, 1978, 92 Stat. 3699.)

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Pub. L. 95–630, title XI, § 1105
92 Stat. 3699
Pub. L. 95–630
92 Stat. 3697
section 2101 of Pub. L. 95–630

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§ 3405

Administrative subpena and summons

Fed. Reg.×6

Bills×3

IRM×3

Stat.×2

U.S.C.×2

Pub. L.Pub. L. 95–630, title XI, § 1105

Stat.92 Stat. 3699

Pub. L.Pub. L. 95–630

Stat.92 Stat. 3697

Pub. L.section 2101 of Pub. L. 95–630

Cites 9Cited by 16 across 5 sources