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#29685 - 08/27/02 05:50 PM Subpoena and Certificate of Compliance
NotALawyer Offline
Gold Star
Joined: Nov 2001
Posts: 455
Do all subpoenas served on a financial institution for information about a customer/transaction need to be accompanied by a Certificate of Compliance to protect the financial institution required to provide the information or are there any safe harbors? I searched the other posts and couldn't find an answer for my question. I could really use some help on this one.

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General Discussion
#29686 - 08/27/02 06:15 PM Re: Subpoena and Certificate of Compliance
Lestie G Offline

Power Poster
Joined: May 2002
Posts: 3,606
Near the Land of Enchantment
We all thought there were safe harbors (i.e. the subpoena didn't fall under the RFPA) until the 9th Circuit Court ruled against a bank in Hawaii recently for complying with an Army subpoena when the Army didn't follow all their own rules. BOL and others are now recommending we obtain the certificate of compliance on all legal processes to cover us.
Opinions my own.

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#29687 - 08/27/02 06:27 PM Re: Subpoena and Certificate of Compliance
Tina A Sweet Offline
Diamond Poster
Tina A Sweet
Joined: Aug 2001
Posts: 1,033
Marysville, Ca.
Interesting, I was not aware of the 9th Circut Court decision. Do you have info on this. I guess we had better step up to the plate on this one.
Tina A Sweet-Williams
AVP Special Assets

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#29688 - 08/27/02 06:27 PM Re: Subpoena and Certificate of Compliance
Al Miller Offline
Diamond Poster
Al Miller
Joined: Oct 2000
Posts: 2,416
Pleasanton CA USA
THE certificate posted recently only applies to federal subpoenas. A state (CA for example) may have a state version of the Act that would require a similar certificate for state subpoenas. Civil are not covered.
Al Miller, CRCM
Opinions expressed are my own and not necessarily shared by my employer.

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