424
Procedure for Grand Jury Subpoena of Financial Records
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To carry out the Congressional mandate, a grand jury log of all
subpoenas
duces tecum for financial records issued and returned must be
established and maintained.
The grand jury log of subpoenas for financial records should contain
the
following information: (1) description of the grand jury subpoena, (2) date
issued, (3) date returned, (4) subsequent disposition of records
(disposition
notes might contain entries such as "turned over to FBI Agent Jones for
analysis
on 7/17/92; returned to GJ by Agent Jones with summary on 7/24/92").
Entries as
to disposition of records are important because the purpose of the log
requirement is to establish a "paper trail" so that handling of subpoenaed
records is documented for later review if necessary. The log requirement
does
not necessitate establishment of a separate system if the information
required
to be maintained therein is documented in some other way (i.e., grand jury
minutes or docket entries).
The Act requires full compliance with previously stated Department
grand
jury policy as published in the United States Attorney's Manual at 9-11.142:
- a United States Attorney or Assistant United States Attorney shall
personally authorize the issuance of a subpoena duces tecum to
obtain financial records in such a way as to avoid any appearance that the
matter
was left to the discretion of an investigative agent serving the subpoena;
- every such subpoena shall be returnable only on a date when the grand
jury
is in session, and the subpoenaed records shall be produced before the grand
jury, unless the grand jury itself has previously agreed upon some different
course (see United States v. Hilton, 534 F.2d
556,
564-65 (3rd Cir. 1976)); and
- if, for the sake of convenience and economy, the subpoenaed party is
permitted voluntarily to relinquish the records to the government agency
serving
the subpoena, a report shall be made in due course to the grand jury as to
the
nature and contents of the records.
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