Page:United States Statutes at Large Volume 92 Part 3.djvu/1070

 92 STAT. 3702

PUBLIC LAW 95-630—NOV. 10, 1978 "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 1110 have been complied with. DELAYED NOTICE

12 USC 3409.

^PRESERVATION OF RECORDS

SEC. 1109. (a) Upon application of the Government authority, the customer notice required under section 1104(c), 1105(2), 1106 (c), 1107(2), 1108(4), or 1112(b) may be delayed by order of an appropriate court if the presiding judge or magistrate finds that— (1) the investigation being conducted is within the lawful jurisdiction of the Government authority seeking the financial records: (2) there is reason to believe that the records being sought are relevant to a legitimate law enforcement inquiry; and (3) there is reason to believe that such notice will result in— (A') endangering life or physical safety of any person; (B) flight from prosecution; (C) destruction of or tamperiniT with evidence; (D) intimidation of potential witnesses; or (E) otherwise seriously ieopardizing an investigation or official proceedinjT or unduly delaying a trial or ongoing official proceeding to the same extent as the circumstances in the preceedin.Tr subpara.crraphs. An application for delay must be made with reasonable specificity.

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