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U.S. Attorneys' Manual
Criminal Resource Manual

462. Motion for Order Prohibiting Notification of Service of Grand Jury Subpoenas Duces Tecum—Form Q-1

RFPA

Form Q-1 -- Motion for Order Prohibiting Notification of Service of Grand Jury Subpoenas Duces Tecum

IN THE UNITED STATES DISTRICT COURT

FOR THE _______ DISTRICT OF _______

IN RE: GRAND JURY SUBPOENAS

DUCES TECUM, DATED MISC. NO. _____________

(INSERT DATE)

MOTION FOR ORDER PROHIBITING NOTIFICATION OF

SERVICE OF GRAND JURY SUBPOENAS DUCES TECUM

The United States of America, by ___________________ , United States Attorney for the District of ________________ , and (insert name of Assistant U.S. Attorney) Assistant United States Attorney for said District, moves the Court, pursuant to 12 U.S.C. Section 3409, and 28 U.S.C. Section 1651, and pursuant to the Federal Rules of Criminal Procedure, for an Order prohibiting (insert name of bank) from serving upon its customers notification of the service upon that institution of a Grand Jury subpoena duces tecum, and states as follows:

  1. On (insert month and year), this Court assigned to the ________ Grand Jury, (insert month and year), Term, an investigation of (insert brief description of nature of investigation). With the assistance of the Office of the United States Attorney for the District of (insert state) the Special Grand Jury is presently conducting an investigation of certain violations of the federal criminal laws involving (insert brief description of nature of investigation). (On (insert date), that investigation was transferred by the Court to the (insert month and year) Term ______ Grand Jury ______ ).
  2. On or about (insert date of subpoena), a subpoena duces tecum was issued, on behalf of the Grand Jury, addressed to the Custodian of Records of (insert name of bank), and calling for production by them of certain financial records before the (insert month and year), Term ________ Grand Jury. A copy of that subpoenaed. There is reason to believe that the records, whose production is sought under the terms of the subpoena, are relevant to the ________ Grand Jury's present investigation of, (insert investigation description). The subpoena was served upon the (insert name of bank) shortly after its issuance.
  3. When served with the Grand Jury's subpoena, the custodian of records of the (insert name of bank) notified the Government that, in accordance with the Bank's policy (and/or applicable state law), the Bank would undertake immediately to notify its customers of the fact of service of that subpoena, despite the fact that such notice is not required by the Right to Financial Privacy Act. Such disclosure to the customers of the financial institution subpoenaed will result in serious prejudice to the _____ Grand Jury's ongoing investigation. In particular, notification of those customers of the service of that subpoena will seriously jeopardize the ______ Grand Jury's investigation by impairing its ability to obtain the testimony of other potential witnesses, (and will seriously jeopardize an ongoing undercover investigative effort presently being conducted by the Federal Bureau of investigation).)

WHEREFORE, the Government respectfully requests this Court issue an order as follows:

  1. Directing that, for a period not to exceed 90 days, (insert name of bank) shall not provide its customers, either directly or indirectly, with notice of the fact of service of the Grand Jury subpoenas duces tecum dated (insert date of subpoena), or notice of the nature of the documents whose production is commanded under the terms of the subpoena, or notice of the fact that such documents have been produced before the Grand Jury in compliance with the subpoena's terms; and
  2. Commanding that this motion and the order issued pursuant hereto shall remain sealed for a period of time not to exceed 90 days, or until further order of this Court, whichever shall first occur, and providing that a copy of the order issued pursuant hereto may be served upon the custodian of records

    of the (insert name of bank); and

  3. Commanding that a copy of the Grand Jury subpoena duces tecum dated (insert date of subpoena), attached hereto, shall remain sealed until the ______ Grand Jury, (insert month and year) Term, concludes its present investigation of (insert investigation description), or until further order of this Court, whichever shall first occur.

Respectfully submitted,

_______________________

United States Attorney

By: _______________________

Assistant U.S. Attorney

(Attach a copy of Grand Jury Subpoena Duces Tecum)