Section 408.685

Title XXVI TRADE AND COMMERCE

Chapter 408

Effective - 28 Aug 1989   

  408.685.  Delay of notice, allowed when — postdisclosure notice, form of. — 1.  Upon application of the government authority, the customer notice required under section 408.682, 408.683, or 408.689 may be delayed by order of circuit court of Cole County or the circuit court for the principal office of the governmental agency if the court finds that:

  (1)  The investigation being conducted is within the lawful jurisdiction of the government authority seeking the financial records;

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

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

  (a)  Destruction of or tampering with evidence; or

  (b)  Intimidation of potential witnesses; or

  (c)  Otherwise seriously jeopardizing an investigation or official proceeding or unduly delaying a trial or ongoing official proceeding.  

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An application for delay must be made with reasonable specificity.

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

  3.  Extensions of the delay of notice of up to ninety days each may be granted by the court upon application, but only in accordance with this section.

  4.  Upon expiration of the period of delay of notification under this section, the customer shall be served with or mailed a copy of the process or request together with the following notice:

"Records or information concerning your transactions which are held by the financial institution named in the attached process or request were supplied to or requested by the government 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 to Financial Privacy Act that such notice might (state reason).  The purpose of the investigation or official proceeding was (state purpose in reasonable specificity).".

  5.  When access to financial records is obtained pursuant to section 408.692, the government authority shall, unless a court has authorized delay of notice, as soon as practicable after such records are obtained, serve upon the customer, or by mail to his last known address a copy of the request to the financial institution together with the following notice:

"Records concerning your transactions held by the financial institution named in the attached request were obtained by the (agency or department) under the Missouri Right to Financial Privacy 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 in connection with a request for delay in notification shall be filed with the court.  Upon petition by the customer to whom such records pertain the court may order disclosure of such papers to the petitioner unless the court makes the findings required in subsection 1 of this section.

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(L. 1989 H.B. 82 § 7)