United States District Court, E.D. California
PATRICIA J. MCNEIL, Movant,
SOCIAL SECURITY ADMINISTRATION, OFFICE OF THE INSPECTOR GENERAL, Respondent.
ORDER DIRECTING MOVANT TO FILE AMENDED MOTION; THE SUBPOENA,
SUMMONS, OR FORMAL WRITTEN REQUEST FROM THE SOCIAL SECURITY
ADMINISTRATION; AND RELATED DOCUMENTS FROM THE SOCIAL
SECURITY ADMINISTRATION THIRTY DAY DEADLINE
a miscellaneous action filed by Movant Patricia J. McNeil
(“Movant”) challenging Respondent, Social
Security Administration, Office of the Inspector
General's (“Social Security Administration”)
attempt to obtain access to her financial records from
Comerica Bank/Direct Express Card (“Comerica”)
pursuant to the Right to Financial Privacy Act of 1978
(“RFPA”). It appears that the Social Security
Administration issued a subpoena, summons, or formal written
request seeking to obtain Movant's financial records from
RFPA permits challenges by customers of financial institutions to
government subpoenas, summonses, and formal written requests.
See 12 U.S.C. § 3410(a). These
procedures for challenges constitute the sole judicial remedy
available to customers who oppose the disclosure of their
financial records pursuant to the RFPA. 12 U.S.C. §
to 12 U.S.C. § 3410(a), a customer of a financial
institution “may file a motion to quash an
administrative summons or judicial subp[o]ena, or an
application to enjoin a Government authority from obtaining
financial records pursuant to a formal written request”
within “ten days of service or within fourteen days of
mailing” of said summons, subpoena, or written request,
with “copies served upon the Government
authority.” 12 U.S.C. § 3410(a).
motion or application must contain an affidavit or sworn
(1) stating that the applicant is a customer of the financial
institution from which financial records pertaining to him
have been sought; and
(2) stating the applicant's reasons for believing that
the financial records sought are not relevant to the
legitimate law enforcement inquiry stated by the Government
authority in its notice, or that there has not been
substantial compliance with the provisions of this chapter.
12 U.S.C. § 3410(a).
Supreme Court has held that “[a] customer's ability
to challenge a subpoena is cabined by strict procedural
requirements.” S.E.C. v. Jerry T. O'Brien,
Inc., 467 U.S. 735, 745 (1984). “If the court
finds that the customer has complied with [section 3410(a)],
it shall order the Government authority to file a sworn
response, which may be filed in camera, if the Government
includes the reasons which make in camera review
appropriate.” 12 U.S.C. § 3410(b).
Movant has submitted a sworn statement stating that she is a
customer of Comerica and that the financial records sought by
the Social Security Administration should not be disclosed on
the following bases: 1) Movant needs to find legal
representation and there is not enough time; 2) It took
Movant a week to understand the subpoena, summons, or
request; and 3) “Soc. Sec. has all information and give
in consent for records.” (ECF No. 1 at
Movant has not explained why she believes that the financial
records sought are not relevant to the legitimate law
enforcement inquiry stated by the Government authority in its
notice, or that there has not been substantial compliance
with the RFPA. Movant shall file an amended motion which
includes an affidavit or sworn statement that states the
Movant's reasons for believing that the financial records
sought are not relevant to the legitimate law enforcement
inquiry stated by the Government authority in its notice, or
that there has not been substantial compliance with the RFPA.
The amended motion will supersede the original motion, so it
must be complete in itself without reference to the original
motion. Movant must serve the amended motion on the Social
Security Administration pursuant to the requirements in 12
U.S.C. § 3410(a).
Movant has not filed a copy of the subpoena duces tecum,
summons, or formal written request issued by the Social
Security Administration requesting financial documents from
Comerica, or a copy of the related documentation that the
Social Security Administration sent to her. Currently, the
Court cannot assess whether the timeliness and service
requirements in 12 U.S.C. § 3410(a) have been met.
Movant shall file a copy of the subpoena duces tecum,
summons, or formal written request that she received from the
Social Security Administration and any related documents that
she received from the Social Security Administration.
IT IS HEREBY ORDERED that:
Within THIRTY (30) days of the date of
service of ...