Subpeona for bank records

[nshepard]

What is the name of your state? Wisconsin


For the basis of theft charges. Does the assistant District Attorney need a search warrant to obtain bank records. Is he allowed to subpeona this information without a warrant signed by a judge.

Is it legal to subpeona records and use this as a basis for charges.

Please help. Need straight answer to this questions.

[CdwJava]

Originally Posted by nshepard

What is the name of your state? Wisconsin


For the basis of theft charges. Does the assistant District Attorney need a search warrant to obtain bank records. Is he allowed to subpeona this information without a warrant signed by a judge.

Is it legal to subpeona records and use this as a basis for charges.

Please help. Need straight answer to this questions.

Yes. This information can be obtained without a warrant. It depends on the nature of the records, state law, and the policies of the bank in question.

In your state, 885.01 authorizes a District Attorney's office to issue valid subpoeanas. A judge is not needed. The relevant section is quoted below:

885.01 Subpoenas, who may issue. The subpoena need
not be sealed, and may be signed and issued as follows:

(2) By the attorney general or any district attorney or person
acting in his or her stead, to require the attendance of witnesses,
in behalf of the state, in any court or before any magistrate and
from any part of the state.

- Carl

[Veronica1228]

Originally Posted by CdwJava

Yes. This information can be obtained without a warrant. It depends on the nature of the records, state law, and the policies of the bank in question.

- Carl

Actually, per the Gramm-Leach-Bliley Act, all FIs are required to keep customer information confidential at all times. If the account holder does not give written permission to share their information then a subpoena would be needed.

[CdwJava]

Originally Posted by Veronica1228

Actually, per the Gramm-Leach-Bliley Act, all FIs are required to keep customer information confidential at all times. If the account holder does not give written permission to share their information then a subpoena would be needed.

Well, the original post was regarding requesting bank records - not the bank records of an individual who may be the subject of some proceeding.

Some banks will allow us to receive the records of customers who have signed waivers or an affidavit of forgery - others won't give us ANYTHING without a subpoena, even if their client was the victim of a crime and they are cooperating fully.

The answer about information was concerning the providing of information in general and not necessary reflecting a request for documents concerning a client who might be a suspect or a witness in a proceeding or inquiry.

Also, you will note that I said it could be issued without a warrant ... And a subpoena is not a warrant.

- Carl

[Veronica1228]

Originally Posted by CdwJava

Well, the original post was regarding requesting bank records - not the bank records of an individual who may be the subject of some proceeding.

Some banks will allow us to receive the records of customers who have signed waivers or an affidavit of forgery - others won't give us ANYTHING without a subpoena, even if their client was the victim of a crime and they are cooperating fully.

The answer about information was concerning the providing of information in general and not necessary reflecting a request for documents concerning a client who might be a suspect or a witness in a proceeding or inquiry.

Also, you will note that I said it could be issued without a warrant ... And a subpoena is not a warrant.

- Carl

You're right. I misread your response. I was just showing off my knowledge of banking laws and acts...again.

[CdwJava]

Originally Posted by Veronica1228

You're right. I misread your response. I was just showing off my knowledge of banking laws and acts...again.

I only know what little I do because I supervise the detectives and have to approve the multitude of subpoenas we request. One particular nation-wide bank can be very uncooperative even when their own customers are screaming for their assistance!

- Carl

[Veronica1228]

Originally Posted by CdwJava

I only know what little I do because I supervise the detectives and have to approve the multitude of subpoenas we request. One particular nation-wide bank can be very uncooperative even when their own customers are screaming for their assistance!

- Carl

LOL! I'll bet you $5 it's my bank!!!

(We won't even confirm if "Mr. Customer" has an account at our bank.)

[CdwJava]

Originally Posted by Veronica1228

LOL! I'll bet you $5 it's my bank!!!

(We won't even confirm if "Mr. Customer" has an account at our bank.)

Hmmm ... that wouldn't happen to be a bank with two letters followed by the word "Bank", would it?

- Carl