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How Does Subpoena for Information Work?
What is the procedure a bank follows when they receive a subpoena regarding disclosure of information on a customer account? Do they contact the account holder before they release this information?
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 Subpoenas are issued under either federal or state law. In the case of a federal subpoena or summons, the bank may be prohibited from revealing the existence of the subpoena (as might be the case if it was issued by a federal grand jury), or it might be required to obtain a certificate from the issuing agency that the agency had notified the customer of the subpoena and any right to argue that it be quashed.
If the bank was served a National Security Letter, the bank representative would be forbidden to discuss receipt of the letter (a form of subpoena) with anyone, most especially the customer/target of the letter, without an absolute need to know of its existence, other than bank counsel. State law will vary, and the bank may be required to notify its customer before releasing information pursuant to a state-governed subpoena, may have to rely on a requirement that the issuing agency must notify the customer, or may be prevented from disclosing the fact of the subpoena. For information on state requirements, contact an attorney.
Published on BankingQuestions.com 7/03/09
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