Page:United States Statutes at Large Volume 92 Part 3.djvu/1069

 PUBLIC LAW 95-630—NOV. 10, 1978

92 STAT. 3701

'•Records or information concerning your transactions which are held b}' the financial institution named in the attached subpena are being sought by this (agency or department^r authority) in accordance with the Right to Financial Privacy Act of 1978 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 1110 have been complied with. FORMAL ^VR1TTEN REQUEST

SEC. 1108. A Government authority may request financial records Financial under section 1102(5) pursuant to a formal written request only if— records. (1) no administrative summons or subpena authority reasona- 12 USC 3408. bly 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 for the following purpose:

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