09/15/2019
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?
09/01/2019
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).
11/17/2014
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?
08/25/2014
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)?
04/22/2013
What is the required record retention on subpoenas?
01/09/2012
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?
10/10/2011
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.
01/21/2008
I’m an operations specialist and I was reading the article <a href="http://www.bankersonline.com/compliance/mbg_banktrapped.html">"Bank Trapped in RFPA Violation Through Army Subpoena"</a>. We were then going through our own privacy policy and realized that we did not know what a certificate of compliance looked like or what is needed to be included in it to cover the bank legally. Who in a government agency is allowed to sign off on the certificate of compliance? I was hoping you might be able to tell me what all is in the certificate or be able to point me to an example of what one might look like.
07/01/2005
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.
01/31/2005
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.