U.S. Code » Title 12 » CHAPTER 35— RIGHT TO FINANCIAL PRIVACY

12 U.S.C. § 3407

Judicial subpena

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A Government authority may obtain financial records under section 3402(4) of this title pursuant to judicial subpena only if—(1) such subpena is authorized by law and there is reason to believe that the records sought are relevant to a legitimate law enforcement inquiry;(2) a copy of the subpena has been served upon the customer or mailed to his last known address on or before the date on which the subpena was served on 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 which are held by the financial institution named in the attached subpena are being sought by this (agency or department or authority) 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 the        Court.

“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 will 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 (3) ten days have expired from the date of service or fourteen days from the date of mailing of the notice to the customer and within such time period the customer has not filed a sworn statement and motion to quash 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, § 1107, Nov. 10, 1978, 92 Stat. 3700.)Editorial NotesReferences in Text

The Right to Financial Privacy Act of 1978, referred to in par. (2), is title XI of Pub. L. 95–630, Nov. 10, 1978, 92 Stat. 3697, which is classified generally to this chapter (§ 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.

Statutory Notes and Related SubsidiariesEffective Date

Section effective upon the expiration of 120 days after Nov. 10, 1978, see section 2101 of Pub. L. 95–630, set out as a note under section 375b of this title.

Notes of Decisions
Cited in 14 cases (1 in the last 5 years), 1981–2024 · leading case: Marshall Kenneth Flowers v. First Hawaiian Bank, 295 F.3d 966 (1st Cir. 2002).
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Marshall Kenneth Flowers v. First Hawaiian Bank, 295 F.3d 966 (1st Cir. 2002). · cites it 3× “See 12 U.S.C. § 3407 (b). The responsibility for providing such notice rests with the government authority that issues the subpoena.”
Alva State Bank & Trust Co. v. Dayton, 755 P.2d 635 (Okla. 1988). · cites it 2× “§ 3402 (4) (1978), see note 2, supra, and 12 U.S.C. § 3407 (1) and (2) (1978). [4] Title 6 O.”
John S. Pleasant v. Larry Lovell, 876 F.2d 787 (10th Cir. 1989). “§ 3420 , and also requires that a copy of a judicial subpoena be served upon the customer or mailed to his last known address, 12 U.S.C. § 3407 . But, the Act does not apply “to any subpena or court order issued in connection with proceedings before a grand jury.”
United States v. Wooten, 34 M.J. 141 (C.M.A. 1992). · cites it 3× “2 He particularly asserted that the lawful-judi *145 cial-subpoena requirement found in 12 USC § 3407 (1) 3 was violated because the subpoenas issued by trial counsel were illegal under this Court’s decision in United States v.”
Flowers v. United States, 75 Fed. Cl. 615 (Fed. Cl. 2007). “12 U.S.C. § 3407 (2). The Army never issued such a notice.”
Douglas v. United States, 410 F. Supp. 2d 292 (S.D.N.Y. 2006). · cites it 2× “See 12 U.S.C. § 3407 (1) (Government may obtain financial records via judicial subpoena only if there is “reason to believe that the records sought are relevant to a legitimate law enforcement inquiry”).”
In re Grand Jury Subpoena East Nat'l Bank of Denver, 517 F. Supp. 1061 (D. Colo. 1981). · cites it 2× “The requirement for notice applies to subpoenas, including judicial subpoenas [See, 12 U.S.C. § 3407 ] which says that unless the extraordinary conditions listed in § 3409 are met, a copy of the subpoena and a notice telling why the records are being subpoenaed must be served on…”
United States v. Curtin, 44 M.J. 439 (C.A.A.F. 1996). “Acting under a provision of the Right to Financial Privacy Act, 12 USC § 3407 , trial counsel issued subpoenas 1 duces tecum to a custodian of bank records for the financial statements of O’Berry’s wife and her father.”
United States v. Wilson, 571 F. Supp. 1417 (S.D.N.Y. 1983). “See 12 U.S.C. § 3407 (2) (Supp. V 1981). 4 . Government’s Memorandum of Law at 3-4.”
Roberts v. Sabine State Bank & Trust Co., 226 F.3d 374 (5th Cir. 2000). “, the Army will observe the notice and challenge-provisions of 12 U.S.C. §§ 3407 and 3410. We agree with the district court that if this case were against the Army, those regulations may be pertinent.”
Irani v. United States, 448 F.3d 507 (2d Cir. 2006). · cites it 4× “14, 2005, at 2; see also 12 U.S.C. § 3407 (2) (requiring that the Government provide a financial institution’s customer whose records are being requested with a copy of the subpoena and a “notice which shall state with reasonable specificity the nature of the law enforcement…”
United States v. Weathers, No. 3:18-cv-05189 (W.D. Wash. June 13, 2024). “276 at 2 (citing 12 U.S.C. § 3407 (1)). It 16 asserts that the case instead involves only the validity, priority, and amount secured by 17 liens on real property.”
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