§ 3408. — Formal written request.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 12USC3408]
TITLE 12--BANKS AND BANKING
CHAPTER 35--RIGHT TO FINANCIAL PRIVACY
Sec. 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.
(Pub. L. 95-630, title XI, Sec. 1108, Nov. 10, 1978, 92 Stat. 3701.)
References in Text
The Right to Financial Privacy Act of 1978, referred to in par. (4),
is title XI of Pub. L. 95-630, Nov. 10, 1978, 92 Stat. 3697, which is
classified generally to this chapter (Sec. 3401 et seq.). For complete
classification of this Act to the Code, see Short Title note set out
under section 3401 of this title and Tables.
Section Referred to in Other Sections
This section is referred to in sections 3402, 3409 of this title.