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U.S. Code as of:
01/19/04
Section 3407. Judicial subpena
A Government authority may obtain financial records under section
3402(4) of this title pursuant to judicial subpena only if -
(1) such subpena is authorized by law and there is reason to
believe that the records sought are relevant to a legitimate law
enforcement inquiry;
(2) a copy of the subpena has been served upon the customer or
mailed to his last known address on or before the date on which
the subpena was served on the financial institution 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 are
held by the financial institution named in the attached subpena
are being sought by this (agency or department or authority) 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 the Court.
"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.
If you do not follow the above procedures, upon the expiration of
ten days from the date of service or fourteen days from the date
of mailing of this notice, the records or information requested
therein will be made available. These records may be transferred
to other government authorities for legitimate law enforcement
inquiries, in which event you will be notified after the
transfer;" and
(3) ten days have expired from the date of service or fourteen
days from the date of mailing of 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.
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