U.S Code last checked for updates: May 23, 2024
§ 3409.
Delayed notice
(a)
Application by Government authority; findings
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 preceeding 1
1
 So in original. Probably should be “preceding”.
subparagraphs.
An application for delay must be made with reasonable specificity.
(b)
Grant of delay order; duration and specifications; extensions; copy of request and notice to customer
(1)
If the court makes the findings required in paragraphs (1), (2), and (3) of subsection (a), it shall enter an ex parte order granting the requested delay for a period not to exceed ninety days and an order prohibiting the financial institution from disclosing that records have been obtained or that a request for records has been made, except that, if the records have been sought by a Government authority exercising financial controls over foreign accounts in the United States under section 4305(b) of title 50, the International Emergency Economic Powers Act (title II, Public Law 95–223) [50 U.S.C. 1701 et seq.], or section 287c of title 22, and the court finds that there is reason to believe that such notice may endanger the lives or physical safety of a customer or group of customers, or any person or group of persons associated with a customer, the court may specify that the delay be indefinite.
(2)
Extensions of the delay of notice provided in paragraph (1) of up to ninety days each may be granted by the court upon application, but only in accordance with this subsection.
(3)
Upon expiration of the period of delay of notification under paragraph (1) or (2), the customer shall be served with or mailed a copy of the process or request 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 process or request were supplied to or requested by the Government authority named in the process or request on (date). Notification was withheld pursuant to a determination by the (title of court so ordering) under the Right to Financial Privacy Act of 1978 [12 U.S.C. 3401 et seq.] that such notice might (state reason).        The purpose of the investigation or official proceeding was        .”.

(c)
Notice requirement respecting emergency access to financial records
(d)
Preservation of memorandums, affidavits, or other papers
(Pub. L. 95–630, title XI, § 1109, Nov. 10, 1978, 92 Stat. 3702; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117.)
cite as: 12 USC 3409