Do you have a form letter template or suggested text that can be used when we receive a legal issue from outside a jurisdiction we would otherwise have
to honor, stating we will not be responding and that legal issues must come from our areas we are subject to?
Is there any regulation or best practice that says the fact that a person is a customer of a particular bank is private information? My local police
department is wanting continual access to my exterior cameras to help them fight crime. I am concerned about privacy issues for customers (among other things).
Does SCRA impact the bank's responsibility to respond to legal subpoenas, warrants and liens and does it restrict the bank from assessing a fee for processing legal notifications?
Our recent examiner said we must work up a potential SAR report for summonses & subpoenas. Does this apply if the subpoena is on a former customer (currently closed)?
What is the required record retention on subpoenas?
What is the minimum amount of identifying information that the issuer of the subpoena must supply to the bank in order for the bank to be legally able to release financial information? Is it a matter of bank policy or federal regulation?
Every once in a while, we get a subpoena that looks a little different than the usual grand jury subpoena or the administrative subpoenas that we usually get, and I am asked whether, or not, we can comply. I know the RTFP act deals with the federal government. Is there a cheat sheet or a quick guidance to tell bankers how to comply with different types of subpoenas? Also, a place for rules on notifying the customer? The subpoena in question is a praecipe subpoena from the county prosecutor's office.
For all the bother, the Section 314(a) list gets results. As of June 2005, the process has resulted in 150 subpoenas, 43 arrests, 36 indictments and 2 convictions.
Concerning the Right to Financial Privacy Act and subpoenas: When we receive a subpoena, has the government authority who issued it already notified the customer at least 10 days in advance, or does the government mail/deliver the subpoena to the bank and customer at the same time? This would mean the bank must wait at least 10 days to provide the information in order for the customer to have time to stop the request.