Criminal Subpoena - addressed to previous customer

Posted By: J_G

Criminal Subpoena - addressed to previous customer - 06/07/21 07:17 PM

We received a criminal subpoena in the mail but it is addressed to one of our previous customers who no longer has an account. The court case is against the state and another person (different from who it is addressed to, though we know they worked together in the past) who is also a previous customer. The notice of subpoena itself does not really address the bank. Any idea what we are supposed to do in a situation like this? We have never received a criminal subpoena that is addressed to a customer, especially someone that is no longer a customer.
Posted By: John Burnett

Re: Criminal Subpoena - addressed to previous customer - 06/07/21 07:28 PM

Start by contacting the issuer of the subpoena, asking why it was delivered to the bank. If they say you're supposed to act on the subpoena, contact your own bank counsel before proceeding.
Posted By: rlcarey

Re: Criminal Subpoena - addressed to previous customer - 06/07/21 07:28 PM

Call whoever sent the subpoena and tell them, unless you legal counsel has other suggestions, who this question should really be directed to.

Or what John said smile
Posted By: edAudit

Re: Criminal Subpoena - addressed to previous customer - 06/08/21 12:18 AM

Actually is it addressed to the customer or is it for bank records for the customer.. It appears that there may be some discrepancy in the subpoena itself. Your course of action would depend o what is in the subpoena,

I would contact your legal department first. You are not a skip tracer for some law firm that decided to get you involved in some issue that has no upside (or legal requirement) for the bank.
Posted By: John Burnett

Re: Criminal Subpoena - addressed to previous customer - 06/08/21 01:02 PM

After pondering this scenario a bit, I have changed my mind. Start with your own legal department or outside counsel. If they feel contact with the issuer of the subpoena is warranted, decide whether that will be something you do or legal counsel does for you.