12 U.S.C. § 3420 | Grand jury information; notification of certain persons prohibited

(a)

Financial records about a customer obtained from a financial institution pursuant to a subpena issued under the authority of a Federal grand jury—

(1)

1 So in original.

shall be returned and actually presented to the grand jury unless the volume of such records makes such return and actual presentation impractical in which case the grand jury shall be provided with a description of the contents of the records.; 

(2)

section 3412(a) of this title shall be used only for the purpose of considering whether to issue an indictment or presentment by that grand jury, or of prosecuting a crime for which that indictment or presentment is issued, or for a purpose authorized by rule 6(e) of the Federal Rules of Criminal Procedure, or for a purpose authorized by ;

(3)

shall be destroyed or returned to the financial institution if not used for one of the purposes specified in paragraph (2); and

(4)

shall not be maintained, or a description of the contents of such records shall not be maintained by any Government authority other than in the sealed records of the grand jury, unless such record has been used in the prosecution of a crime for which the grand jury issued an indictment or presentment or for a purpose authorized by rule 6(e) of the Federal Rules of Criminal Procedure.

(b)

(1)

No officer, director, partner, employee, or shareholder of, or agent or attorney for, a financial institution shall, directly or indirectly, notify any person named in a grand jury subpoena served on such institution in connection with an investigation relating to a possible—

(A)

21 U.S.C. 801 21 U.S.C. 951 section 6050I of title 26 crime against any financial institution or supervisory agency or crime involving a violation of the Controlled Substance Act [ et seq.], the Controlled Substances Import and Export Act [ et seq.], section 1956, 1957, or 1960 of title 18, sections 5313, 5316, 5322, 5324, 5331, and 5332 of title 31, or ; or

(B)

conspiracy to commit such a crime,

about the existence or contents of such subpoena, or information that has been furnished to the grand jury in response to such subpoena.

(2)

Section 1818 of this title section 1786(k)(2) of this title and shall apply to any violation of this subsection.

Pub. L. 95–630, title XI, § 1120Nov. 10, 197892 Stat. 3709 Pub. L. 100–690, title VI, § 6186(e)Nov. 18, 1988102 Stat. 4358 Pub. L. 101–73, title IX, § 943Aug. 9, 1989103 Stat. 497 Pub. L. 102–550, title XV, § 1532Oct. 28, 1992106 Stat. 4066 Pub. L. 107–56, title III, § 358(f)(3)Oct. 26, 2001115 Stat. 327 Pub. L. 116–283, div. F, title LXIII, § 6308(d)Jan. 1, 2021134 Stat. 4594(, , ; , , ; , , ; , , ; , , ; , , .)

Editorial Notes

References in Text

Rule 6(e) of the Federal Rules of Criminal Procedure, referred to in subsec. (a)(2), (4), is set out in the Appendix to Title 18, Crimes and Criminal Procedure.

Pub. L. 91–513Oct. 27, 197084 Stat. 1242 section 801 of Title 21The Controlled Substance Act, referred to in subsec. (b)(1)(A), probably means the Controlled Substances Act, which is title II of , , , and which is classified principally to subchapter I (§ 801 et seq.) of chapter 13 of Title 21, Food and Drugs. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Pub. L. 91–513Oct. 27, 197084 Stat. 1285 section 951 of Title 21The Controlled Substances Import and Export Act, referred to in subsec. (b)(1)(A), is title III of , , , as amended, which is classified principally to subchapter II (§ 951 et seq.) of chapter 13 of Title 21. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Amendments

Pub. L. 116–2832021—Subsec. (b)(1)(A). substituted “, 1957, or 1960 of title 18” for “or 1957 of title 18” and “, 5322, 5324, 5331, and 5332 of title 31” for “and 5324 of title 31”.

Pub. L. 107–56 section 3412(a) of this title2001—Subsec. (a)(2). inserted “, or for a purpose authorized by ” before semicolon at end.

Pub. L. 102–550 section 6050I of title 261992—Subsec. (b)(1)(A). inserted before semicolon “or crime involving a violation of the Controlled Substance Act, the Controlled Substances Import and Export Act, section 1956 or 1957 of title 18, sections 5313, 5316 and 5324 of title 31, or ”.

Pub. L. 101–731989— designated existing provisions as subsec. (a) and added subsec. (b).

Pub. L. 100–6901988—Par. (1). inserted “unless the volume of such records makes such return and actual presentation impractical in which case the grand jury shall be provided with a description of the contents of the records.” before semicolon at end.

Statutory Notes and Related Subsidiaries

Effective Date of 2001 Amendment

Pub. L. 107–56Oct. 26, 2001section 358(h) of Pub. L. 107–56 section 1829b of this titleAmendment by applicable with respect to reports filed or records maintained on, before, or after , see , set out as a note under .

Effective Date

Nov. 10, 1978section 2101 of Pub. L. 95–630 section 375b of this titleSection effective upon the expiration of 120 days after , see , set out as a note under .