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§ 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.



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