enforcement inquiry stated in this notice or any other legal basis for objecting to the release of
the records.
"2. File the motion and statement by mailing or delivering them to the clerk of any one of the
following United States District Courts:
"3. Serve the Government authority requesting the records by mailing or delivering a copy of
your motion and statement to
"4. Be prepared to come to court and present your position in further detail.
"5. You do not need to have a lawyer, although you may wish to employ one to represent you
and protect your rights.
If you do not follow the above procedures, upon the expiration of ten days from the date of service or
fourteen days from the date of mailing of this notice, the records or information requested therein may
be made available. These records may be transferred to other Government authorities for legitimate
law enforcement inquiries, in which event you will be notified after the transfer"
If the customer is served personally, he has 10 days to challenge the request in court; if the notice
was mailed, the customer has 14 days from the date of the mailing of the notice to challenge in court. If
the applicable time period passes without the challenge, the financial institution will disclose the
information.
If the customer wants to challenge the request, he must file a motion in the appropriate federal
district court with an affidavit stating that he is a customer of the institution and stating his reasons for
believing that the financial records sought are not relevant to a legitimate law enforcement inquiry
and/or there has not be substantial compliance with the Right to Financial Privacy Act. The court then
orders the government to make a sworn response. The court can decide the matter based on the initial
allegations of both sides. If the court needs more than the allegations, it can conduct such proceedings
as it deems appropriate. The court then either denies disclosure, or orders disclosure, as appropriate.
The notice requirement of 3408 may be delayed by the appropriate court if there is reason to believe
that the notice will result in:
1. endangering the life or physical safety of anyone;
2. flight from prosecution;
3. destruction or tampering with evidence;
4. intimidation of potential witnesses; or
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MP1022
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