408.685. Delay of notice, allowed when--postdisclosure notice, form of. - Missouri Statutes

Delay of notice, allowed when--postdisclosure notice, form of.

408.685. 1. Upon application of the government authority,the customer notice required under section 408.682, 408.683, or408.689 may be delayed by order of circuit court of Cole Countyor the circuit court for the principal office of the governmentalagency if the court finds that:

(1) The investigation being conducted is within the lawfuljurisdiction of the government authority seeking the financialrecords;

(2) There is reason to believe that the records beingsought are relevant to a legitimate government investigation; and

(3) There is reason to believe that such notice will resultin:

(a) Destruction of or tampering with evidence; or

(b) Intimidation of potential witnesses; or

(c) Otherwise seriously jeopardizing an investigation orofficial proceeding or unduly delaying a trial or ongoingofficial proceeding.

An application for delay must be made with reasonablespecificity.

2. If the court makes the findings required in subsection 1of this section, it may enter an order granting the requesteddelay for a period not to exceed ninety days and an orderprohibiting the financial institution from disclosing thatrecords have been obtained or that a request for records has beenmade; except that, if the court finds that there is reason tobelieve that such notice may endanger the lives or physicalsafety of a person or group of persons, the court may specifythat the delay be indefinite.

3. Extensions of the delay of notice of up to ninety dayseach may be granted by the court upon application, but only inaccordance with this section.

4. Upon expiration of the period of delay of notificationunder this section, the customer shall be served with or mailed acopy of the process or request together with the followingnotice:

"Records or information concerning your transactions whichare held by the financial institution named in the attachedprocess or request were supplied to or requested by thegovernment authority named in the process or request on (date).Notification was withheld pursuant to a determination by the(title of court so ordering) under the Missouri Right toFinancial Privacy Act that such notice might (state reason). Thepurpose of the investigation or official proceeding was (statepurpose in reasonable specificity).".

5. When access to financial records is obtained pursuant tosection 408.692, the government authority shall, unless a courthas authorized delay of notice, as soon as practicable after suchrecords are obtained, serve upon the customer, or by mail to hislast known address a copy of the request to the financialinstitution together with the following notice:

"Records concerning your transactions held by the financialinstitution named in the attached request were obtained by the(agency or department) under the Missouri Right to FinancialPrivacy Act on (date) for the following purpose:

Emergency access to such records was obtained on the grounds that(state purpose in reasonable specificity).".

6. Any memorandum, affidavit, or other paper filed inconnection with a request for delay in notification shall befiled with the court. Upon petition by the customer to whom suchrecords pertain the court may order disclosure of such papers tothe petitioner unless the court makes the findings required insubsection 1 of this section.

(L. 1989 H.B. 82 § 7)