5. seriously jeopardizing an investigation, official proceeding, unduly delaying a trial or official
proceeding to the same extent as 1 through 4 above.
The court will grant a delay of up to ninety days and may grant further delays upon application of the
government. The court will also prohibit the financial institution from disclosing that records have been
obtained. When the delay ends, the customer must be notified that records were disclosed, the reason
for the delay, and the purpose of the investigation or official proceeding.
Finally, Sections 3406 and 3407 provide for disclosure pursuant to a search warrant or a judicial
subpoena. The search warrant must be in compliance with the Federal Rules of Criminal Procedure.
The judicial subpoena requires notice to the customer on or before the date it is served on the financial
institution. The notice includes why the information is being sought, how to file a motion challenging
release, and that the motion must be filed within 10 days of personal service or 14 days of service by
mail, or the records will be disclosed.
The requirements of AR 190-53 must be followed strictly. This is an area which breeds lawsuits.
Paragraph 1-4c of AR 190-53 underlines this concern:
Interception of wire and oral communications is a special technique which shall not be
considered as a substitute for normal investigative procedures and shall be authorized only in
those circumstances where it is demonstrated that the information is necessary for a criminal
investigation and cannot be obtained in some other less intrusive manner.
The regulation permits nonconsensual intercepts in the United States only if an offense listed in.18
USC 2516(1) is suspected. 18 USC 2516 covers (among others) treason, espionage, sabotage, and
riots. It also covers murder, kidnapping, robbery, extortion, bribery of public officials, bribery in sporting
contests, transmission of wagering information, influencing jurors or witnesses, obstruction of criminal
investigations, manufacture, sale, importation, buying of marihuana, or other dangerous drugs, and
conspiracy to commit any of the above. Overseas, the regulation permits a military judge to approve a
nonconsensual intercept if the offense is murder, kidnapping, gambling, robbery, bribery, extortion,
espionage, sabotage, treason, fraud against the United States, or dealing in marihuana, narcotic, or
other dangerous drugs. It also includes any other offense dangerous to life, limb, or property, and
punishable by confinement for one year or more; the offenses listed in 18 USC 2516(1); any offense
punishable under Title 18 USC by death or confinement for one year or more if a fraud against the
United States or if dangerous to life or limb, or property; and conspiracy to commit any of the above