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January/February,
2006
You
are asking . . .
Q:
What should a financial institution do if it receives a civil
subpoena that specifically asks for the production of Suspicious
Activity Reports or a subpoena that, by virtue of its breadth, would
encompass Suspicious Activity Reports? A.
If the subpoena does not specifically ask for the production
of Suspicious Activity Reports, the financial institution should
object to the subpoena on the grounds that some of its responsive
material consists of confidential supervisory information. If the
subpoena does specifically ask for the production of
Suspicious Activity Reports, the simple answer for the financial
institution is to send the issuer of the subpoena a written
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