Dealing with SubpoenasWith Mary Beth Guard
- 1 Video
- 3 Downloads
- 2.0 hrs
ICB Credit: 2.5 CRCM
Bank records tell stories. That’s why bank records, and information derived from them, are often sought after in civil and criminal cases and can also be vital to the determination of whether someone is entitled to a particular government benefit, whether contractual obligations have been complied with – and so much more.
But you can’t simply offer up customer information any time a request is made. Those you do business with expect you to safeguard their information and keep it private. You must honor that obligation to keep customer data shrouded in confidentiality except as compelled by law to disclose or authorized by the customer. There are processes, protocols, and in some cases statutes and rules, to be followed. You want to provide only what is permissible, within the requisite timeframe, in the proper way.
Failure to respond properly to a request for customer financial information can expose your institution to potential liability. Often, such requests involve a short time frame, leaving little time to research the applicable privacy laws in order to make the right decisions. That's why it's crucial for you to be armed with essential knowledge about what the laws allow and/or prohibit so you're in a position to easily answer these questions:
- Can you provide the records?
- Must you do so?
- What's the time frame?
- What rights does your customer have?
- How do you protect your institution?
- Can you get reimbursed for your time?
- How to dissect a request for records
- The first 5 things to look for on a subpoena or other records request
- When a customer is not a "customer"
- What you need to find out about your state's law
- How the RFPA works and when it applies
- What the notice and challenge procedures are and when they apply
- Why it is crucial to understand the exceptions
- What to do when a subpoena is overbroad or unduly burdensome
- How to identify special types of requests and how to handle them
- Why a certificate of compliance is crucial and how to get it
- How to avoid common mistakes with record requests
- What you need for documentation
Very Informative - slanter
Speaker is very knowledgable - rpemberton
Over all was very good, exhibits were wonderful! - Subweb
Mary Beth Guard currently serves as Executive Editor of BankersOnline.com, CEO of Glia Group, Inc. and Executive Editor of BankingQuestions.com. Since graduating from law school in 1980, Mary Beth has focused her work almost exclusively on the banking industry. Previously, Mary Beth served as EVP/General Counsel and COO for the Oklahoma Bankers Association, EVP of Specialized Services for Thomson Financial Publishing, and General Counsel for the Oklahoma State Banking Department. Mary Beth is on the advisory board for Bankers' Hotline. She has presented training programs for virtually every major national financial industry association, as well as more than a dozen state bankers associations and a host of other organizations. In addition, Mary Beth has written more than a thousand banking-related articles and is a BOL Guru.