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U.S. Code as of:
01/19/04
Section 3410. Customer challenges
(a) Filing of motion to quash or application to enjoin; proper
court; contents
Within ten days of service or within fourteen days of mailing of
a subpena, summons, or formal written request, a customer may file
a motion to quash an administrative summons or judicial subpena, or
an application to enjoin a Government authority from obtaining
financial records pursuant to a formal written request, with copies
served upon the Government authority. A motion to quash a judicial
subpena shall be filed in the court which issued the subpena. A
motion to quash an administrative summons or an application to
enjoin a Government authority from obtaining records pursuant to a
formal written request shall be filed in the appropriate United
States district court. Such motion or application shall contain an
affidavit or sworn statement -
(1) stating that the applicant is a customer of the financial
institution from which financial records pertaining to him have
been sought; and
(2) stating the applicant's reasons for believing that the
financial records sought are not relevant to the legitimate law
enforcement inquiry stated by the Government authority in its
notice, or that there has not been substantial compliance with
the provisions of this chapter.
Service shall be made under this section upon a Government
authority by delivering or mailing by registered or certified mail
a copy of the papers to the person, office, or department specified
in the notice which the customer has received pursuant to this
chapter. For the purposes of this section, "delivery" has the
meaning stated in rule 5(b) of the Federal Rules of Civil
Procedure.
(b) Filing of response; additional proceedings
If the court finds that the customer has complied with subsection
(a) of this section, it shall order the Government authority to
file a sworn response, which may be filed in camera if the
Government includes in its response the reasons which make in
camera review appropriate. If the court is unable to determine the
motion or application on the basis of the parties' initial
allegations and response, the court may conduct such additional
proceedings as it deems appropriate. All such proceedings shall be
completed and the motion or application decided within seven
calendar days of the filing of the Government's response.
(c) Decision of court
If the court finds that the applicant is not the customer to whom
the financial records sought by the Government authority pertain,
or that there is a demonstrable reason to believe that the law
enforcement inquiry is legitimate and a reasonable belief that the
records sought are relevant to that inquiry, it shall deny the
motion or application, and, in the case of an administrative
summons or court order other than a search warrant, order such
process enforced. If the court finds that the applicant is the
customer to whom the records sought by the Government authority
pertain, and that there is not a demonstrable reason to believe
that the law enforcement inquiry is legitimate and a reasonable
belief that the records sought are relevant to that inquiry, or
that there has not been substantial compliance with the provisions
of this chapter, it shall order the process quashed or shall enjoin
the Government authority's formal written request.
(d) Appeals
A court ruling denying a motion or application under this section
shall not be deemed a final order and no interlocutory appeal may
be taken therefrom by the customer. An appeal of a ruling denying a
motion or application under this section may be taken by the
customer (1) within such period of time as provided by law as part
of any appeal from a final order in any legal proceeding initiated
against him arising out of or based upon the financial records, or
(2) within thirty days after a notification that no legal
proceeding is contemplated against him. The Government authority
obtaining the financial records shall promptly notify a customer
when a determination has been made that no legal proceeding against
him is contemplated. After one hundred and eighty days from the
denial of the motion or application, if the Government authority
obtaining the records has not initiated such a proceeding, a
supervisory official of the Government authority shall certify to
the appropriate court that no such determination has been made. The
court may require that such certifications be made, at reasonable
intervals thereafter, until either notification to the customer has
occurred or a legal proceeding is initiated as described in clause
(A).
(e) Sole judicial remedy available to customer
The challenge procedures of this chapter constitute the sole
judicial remedy available to a customer to oppose disclosure of
financial records pursuant to this chapter.
(f) Affect on challenges by financial institutions
Nothing in this chapter shall enlarge or restrict any rights of a
financial institution to challenge requests for records made by a
Government authority under existing law. Nothing in this chapter
shall entitle a customer to assert the rights of a financial
institution.
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