§3407. Judicial subpena — Inbound Citations
12 U.S.C. § 3407
Cited by 3 provisions in release 119-102.
Citations to 12 U.S.C. § 3407 as a whole
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(4) such financial records are disclosed in response to a judicial subpena which meets the requirements of section 3407 of this title; or
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Upon receipt of a request for financial records made by a Government authority under section 3405 or 3407 of this title, the financial institution shall, unless otherwise provided by law, proceed to assemble the records requested and must be prepared to deliver the records to the Government authority upon receipt of the certificate required under section 3403(b) of this title.
Citations to §3407(2)
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(a) Upon application of the Government authority, the customer notice required under section 3404(c), 3405(2), 3406(c), 3407(2), 3408(4), or 3412(b) of this title may be delayed by order of an appropriate court if the presiding judge or magistrate judge 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 tampering with evidence;(D) intimidation of potential witnesses; or(E) otherwise seriously jeopardizing an investigation or official proceeding or unduly delaying a trial or ongoing official proceeding to the same extent as the circumstances in the preceeding1 subparagraphs.An application for delay must be made with reasonable specificity.