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

12 U.S.C. § 3420

Grand jury information; notification of certain persons prohibited

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 12 CasesGoogle Scholar
(a) Financial records about a customer obtained from a financial institution pursuant to a subpena issued under the authority of a Federal grand jury—(1) shall be returned and actually presented to the grand jury unless the volume of such records makes such return and actual presentation impractical in which case the grand jury shall be provided with a description of the contents of the records.; 11 So in original.(2) shall be used only for the purpose of considering whether to issue an indictment or presentment by that grand jury, or of prosecuting a crime for which that indictment or presentment is issued, or for a purpose authorized by rule 6(e) of the Federal Rules of Criminal Procedure, or for a purpose authorized by section 3412(a) of this title;(3) shall be destroyed or returned to the financial institution if not used for one of the purposes specified in paragraph (2); and(4) shall not be maintained, or a description of the contents of such records shall not be maintained by any Government authority other than in the sealed records of the grand jury, unless such record has been used in the prosecution of a crime for which the grand jury issued an indictment or presentment or for a purpose authorized by rule 6(e) of the Federal Rules of Criminal Procedure.(b)(1) No officer, director, partner, employee, or shareholder of, or agent or attorney for, a financial institution shall, directly or indirectly, notify any person named in a grand jury subpoena served on such institution in connection with an investigation relating to a possible—(A) crime against any financial institution or supervisory agency or crime involving a violation of the Controlled Substance Act [21 U.S.C. 801 et seq.], the Controlled Substances Import and Export Act [21 U.S.C. 951 et seq.], section 1956, 1957, or 1960 of title 18, sections 5313, 5316, 5322, 5324, 5331, and 5332 of title 31, or section 6050I of title 26; or(B) conspiracy to commit such a crime,about the existence or contents of such subpoena, or information that has been furnished to the grand jury in response to such subpoena.(2)Section 1818 of this title and section 1786(k)(2) of this title shall apply to any violation of this subsection.(Pub. L. 95–630, title XI, § 1120, Nov. 10, 1978, 92 Stat. 3709; Pub. L. 100–690, title VI, § 6186(e), Nov. 18, 1988, 102 Stat. 4358; Pub. L. 101–73, title IX, § 943, Aug. 9, 1989, 103 Stat. 497; Pub. L. 102–550, title XV, § 1532, Oct. 28, 1992, 106 Stat. 4066; Pub. L. 107–56, title III, § 358(f)(3), Oct. 26, 2001, 115 Stat. 327; Pub. L. 116–283, div. F, title LXIII, § 6308(d), Jan. 1, 2021, 134 Stat. 4594.)Editorial NotesReferences in Text

Rule 6(e) of the Federal Rules of Criminal Procedure, referred to in subsec. (a)(2), (4), is set out in the Appendix to Title 18, Crimes and Criminal Procedure.

The Controlled Substance Act, referred to in subsec. (b)(1)(A), probably means the Controlled Substances Act, which is title II of Pub. L. 91–513, Oct. 27, 1970, 84 Stat. 1242, and which is classified principally to subchapter I (§ 801 et seq.) of chapter 13 of Title 21, Food and Drugs. For complete classification of this Act to the Code, see Short Title note set out under section 801 of Title 21 and Tables.

The Controlled Substances Import and Export Act, referred to in subsec. (b)(1)(A), is title III of Pub. L. 91–513, Oct. 27, 1970, 84 Stat. 1285, as amended, which is classified principally to subchapter II (§ 951 et seq.) of chapter 13 of Title 21. For complete classification of this Act to the Code, see Short Title note set out under section 951 of Title 21 and Tables.

Amendments

2021—Subsec. (b)(1)(A). Pub. L. 116–283 substituted “, 1957, or 1960 of title 18” for “or 1957 of title 18” and “, 5322, 5324, 5331, and 5332 of title 31” for “and 5324 of title 31”.

2001—Subsec. (a)(2). Pub. L. 107–56 inserted “, or for a purpose authorized by section 3412(a) of this title” before semicolon at end.

1992—Subsec. (b)(1)(A). Pub. L. 102–550 inserted before semicolon “or crime involving a violation of the Controlled Substance Act, the Controlled Substances Import and Export Act, section 1956 or 1957 of title 18, sections 5313, 5316 and 5324 of title 31, or section 6050I of title 26”.

1989—Pub. L. 101–73 designated existing provisions as subsec. (a) and added subsec. (b).

1988—Par. (1). Pub. L. 100–690 inserted “unless the volume of such records makes such return and actual presentation impractical in which case the grand jury shall be provided with a description of the contents of the records.” before semicolon at end.

Statutory Notes and Related SubsidiariesEffective Date of 2001 Amendment

Amendment by Pub. L. 107–56 applicable with respect to reports filed or records maintained on, before, or after Oct. 26, 2001, see section 358(h) of Pub. L. 107–56, set out as a note under section 1829b of this title.

Effective 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 18 cases (1 in the last 5 years), 1979–2026 · leading case: United States v. Billy Charles Jackson, Jr., 11 F.3d 953 (10th Cir. 1993).
Sort: Relevance Newest Treatment
United States v. Billy Charles Jackson, Jr., 11 F.3d 953 (10th Cir. 1993). · cites it 3× “1 Jackson now timely appeals the district court’s final judgment, including sentence, claiming that the district court erroneously denied his motion to suppress evidence obtained in violation of the Right to Financial Privacy Act, 12 U.S.C. § 3420 (a). Jackson also contends on…”
John S. Pleasant v. Larry Lovell, Larry Hyatt, Vernon Pixley, Kenneth Batson & Tim Fortune, 876 F.2d 787 (10th Cir. 1989). “§§ 3401-3422 , places strict limitations on a grand jury’s use and retention of bank customer financial records, 12 U.S.C. § 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.”
Waye v. First Citizen's Nat'l Bank, 846 F. Supp. 310 (M.D. Penn. 1994). “12 U.S.C. § 3420 (b)(1). See also: Pleasant v.”
In Re the Grand Jury Proceedings of Castiglione, 587 F. Supp. 1210 (E.D. Cal. 1984). · cites it 3× “That amendment is embodied in 12 U.S.C. § 3420 , which provides as follows: Financial records about a customer obtained from a financial institution pursuant to a subpena issued under the authority of a Federal grand jury— (1) shall be returned and actually presented to the…”
Nichols v. Council on Jud. Complaints, 615 P.2d 280 (Okla. 1980). · cites it 2× “12 U.S.C. § 3420 . [11] H.R.Rep.No. 1383, 95th Cong.”
United States v. Eisenberg, 773 F. Supp. 662 (D.N.J. 1991). “12 U.S.C. § 3420 . 53 . The 11 July 1988 American Express Letter to Bertoli states in relevant part: I am writing this letter to advise you that American Express Travel Related Services Company, Inc.”
United States v. a Residence Located at 218 3rd Street, New Glarus, 622 F. Supp. 908 (W.D. Wis. 1985). · cites it 2× “I turn next to the second issue raised by the government: that the magistrate erred in interpreting 12 U.S.C. § 3420 of the Right to Financial Privacy Act to require the custodian of materials subpoenaed by the grand jury to be the person that physically presents the subpoenaed…”
Cumis Ins. Soc'y, Inc. v. South-Coast Bank, 610 F. Supp. 193 (N.D. Ind. 1985). “Attorney suggests that, notwithstanding Rule 6[e](3)[C][i] procedures, disclosure of financial records obtained by grand jury subpoena for purposes other than criminal prosecution may be proscribed by the Right to Financial Privacy Act, 12 U.S.C. § 3420 . The court turns first…”
United States v. A Residence Located at 218 Third Street, 805 F.2d 256 (7th Cir. 1986). · cites it 2× “For the reasons set forth below, we affirm the decision below but remand for consideration of an issue not yet considered by the district court.”
In Re Grand Jury Subpoena (Connecticut Sav. Bank), 481 F. Supp. 833 (D. Conn. 1979). “” 12 U.S.C. § 3420 . The congressional intent to strike a balance between the competing interests of customer privacy and legitimate law enforcement investigation is particularly apparent in the statutory provisions relative to the grand jury subpoena exempted from the act but…”
Taylor v. Dep't of the Air Force, 18 F. Supp. 2d 1184 (D. Colo. 1998). “12 U.S.C. § 3420 (1989). Although the exemptions section of the RFPA protects the Defendants from liability for obtaining the records, such section specifically notes that § 3420 applies to materials obtained pursuant to a grand jury subpoena.”
In re 1980 United States Grand Jury Subpoena Duces Tecum, 502 F. Supp. 576 (E.D. La. 1980). “12 U.S.C. § 3420 . The commissioner cites Section 4 of Title 44 of the Louisiana Revised Statutes as further statutory prohibition of his releasing the information requested to the grand jury.”
Show all 18 citing cases →
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.