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U.S. Code as of:
01/19/04
Section 986. Subpoenas for bank records
(a) At any time after the commencement of any action for
forfeiture in rem brought by the United States under section 1956,
1957, or 1960 of this title, section 5322 or 5324 of title 31,
United States Code, or the Controlled Substances Act, any party may
request the Clerk of the Court in the district in which the
proceeding is pending to issue a subpoena duces tecum to any
financial institution, as defined in section 5312(a) of title 31,
United States Code, to produce books, records and any other
documents at any place designated by the requesting party. All
parties to the proceeding shall be notified of the issuance of any
such subpoena. The procedures and limitations set forth in section
985 (!1) of this title shall apply to subpoenas issued under this
section.
(b) Service of a subpoena issued pursuant to this section shall
be by certified mail. Records produced in response to such a
subpoena may be produced in person or by mail, common carrier, or
such other method as may be agreed upon by the party requesting the
subpoena and the custodian of records. The party requesting the
subpoena may require the custodian of records to submit an
affidavit certifying the authenticity and completeness of the
records and explaining the omission of any record called for in the
subpoena.
(c) Nothing in this section shall preclude any party from
pursuing any form of discovery pursuant to the Federal Rules of
Civil Procedure.
(d) Access to Records in Bank Secrecy Jurisdictions. -
(1) In general. - In any civil forfeiture case, or in any
ancillary proceeding in any criminal forfeiture case governed by
section 413(n) of the Controlled Substances Act (21 U.S.C.
853(n)), in which -
(A) financial records located in a foreign country may be
material -
(i) to any claim or to the ability of the Government to
respond to such claim; or
(ii) in a civil forfeiture case, to the ability of the
Government to establish the forfeitability of the property;
and
(B) it is within the capacity of the claimant to waive the
claimant's rights under applicable financial secrecy laws, or
to obtain the records so that such records can be made
available notwithstanding such secrecy laws,
the refusal of the claimant to provide the records in response to
a discovery request or to take the action necessary otherwise to
make the records available shall be grounds for judicial
sanctions, up to and including dismissal of the claim with
prejudice.
(2) Privilege. - This subsection shall not affect the right of
the claimant to refuse production on the basis of any privilege
guaranteed by the Constitution of the United States or any other
provision of Federal law.
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