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U.S. Code as of:
01/19/04
Section 3408. Formal written request
A Government authority may request financial records under
section 3402(5) of this title pursuant to a formal written request
only if -
(1) no administrative summons or subpena authority reasonably
appears to be available to that Government authority to obtain
financial records for the purpose for which such records are
sought;
(2) the request is authorized by regulations promulgated by the
head of the agency or department;
(3) there is reason to believe that the records sought are
relevant to a legitimate law enforcement inquiry; and
(4)(A) a copy of the request has been served upon the customer
or mailed to his last known address on or before the date on
which the request was made to 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 held by
the financial institution named in the attached request 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.
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 may 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
(B) ten days have expired from the date of service or fourteen
days from the date of mailing of the notice by the customer and
within such time period the customer has not filed a sworn
statement and an application to enjoin the Government authority
in an appropriate court, or the customer challenge provisions of
section 3410 of this title have been complied with.
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