Right to Financial Privacy Act of 1978: 12 U.S. Code § 3412 - Use of information | mrisch | August 07, 2014

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Right to Financial Privacy Act of 1978: 12 U.S. Code § 3412 - Use of information

by mrisch
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(a) Transfer of financial records to other agencies or departments; certification
Financial records originally obtained pursuant to this chapter shall not be transferred to another agency or department unless the transferring agency or department certifies in writing that there is reason to believe that the records are relevant to a legitimate law enforcement inquiry, or intelligence or counterintelligence activity, investigation or analysis related to international terrorism within the jurisdiction of the receiving agency or department.
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(b) Mailing of copy of certification and notice to customer
When financial records subject to this chapter are transferred pursuant to subsection (a) of this section, the transferring agency or department shall, within fourteen days, send to the customer a copy of the certification made pursuant to subsection (a) of this section and the following notice, which shall state the nature of the law enforcement inquiry with reasonable specificity: “Copies of, or information contained in, your financial records lawfully in possession of                    have been furnished to              pursuant to the Right of Financial Privacy Act of 1978 [12 U.S.C. 3401 et seq.] for the following purpose:             . If you believe that this transfer has not been made to further a legitimate law enforcement inquiry, you may have legal rights under the Financial Privacy Act of 1978 or the Privacy Act of 1974 [5 U.S.C. 552a].”
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(c) Court-ordered delays in mailing
Notwithstanding subsection (b) of this section, notice to the customer may be delayed if the transferring agency or department has obtained a court order delaying notice pursuant to section 3409 (a) and (b) of this title and that order is still in effect, or if the receiving agency or department obtains a court order authorizing a delay in notice pursuant to section 3409 (a) and (b) of this title. Upon the expiration of any such period of delay, the transferring agency or department shall serve to the customer the notice specified in subsection (b) of this section and the agency or department that obtained the court order authorizing a delay in notice pursuant to section 3409 (a) and (b) of this title shall serve to the customer the notice specified in section 3409 (b) of this title.
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(d) Exchanges of examination reports by supervisory agencies; transfer of financial records to defend customer action; withholding of information
Nothing in this chapter prohibits any supervisory agency from exchanging examination reports or other information with another supervisory agency. Nothing in this chapter prohibits the transfer of a customer’s financial records needed by counsel for a Government authority to defend an action brought by the customer. Nothing in this chapter shall authorize the withholding of information by any officer or employee of a supervisory agency from a duly authorized committee or subcommittee of the Congress.
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(e) Exchange of records, reports, or other information
Notwithstanding section 3401 (6)  [1] of this title or any other provision of law, the exchange of financial records, examination reports or other information with respect to a financial institution, holding company, or any subsidiary of a depository institution or holding company, among and between the five member supervisory agencies of the Federal Financial Institutions Examination Council, the Securities and Exchange Commission, the Federal Trade Commission, the Commodity Futures Trading Commission, and the Bureau of Consumer Financial Protection is permitted.
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(f) Transfer to Attorney General or Secretary of the Treasury
(1) In general
Nothing in this chapter shall apply when financial records obtained by an agency or department of the United States are disclosed or transferred to the Attorney General or the Secretary of the Treasury upon the certification by a supervisory level official of the transferring agency or department that—
(A) there is reason to believe that the records may be relevant to a violation of Federal criminal law; and
(B) the records were obtained in the exercise of the agency’s or department’s supervisory or regulatory functions.
(2) Limitation on use
Records so transferred shall be used only for criminal investigative or prosecutive purposes, for civil actions under section 1833a of this title, or for forfeiture under sections  [2] 981 or 982 of title 18 by the Department of Justice and only for criminal investigative purposes relating to money laundering and other financial crimes by the Department of the Treasury and shall, upon completion of the investigation or prosecution (including any appeal), be returned only to the transferring agency or department. No agency or department so transferring such records shall be deemed to have waived any privilege applicable to those records under law.

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[1]  See References in Text note below. 

[2]  So in original. Probably should be “section”. 

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Annotated Text Information

August 18, 2014

Right to Financial Privacy Act of 1978: 12 U.S. Code § 3412 - Use of information

Right to Financial Privacy Act of 1978: 12 U.S. Code § 3412 - Use of information

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mrisch

Professor of Law

Villanova University School of Law

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