First grand jury subpoena I've had originating from the FDIC. Contacted originally by phone for verification of who processed subpoenas, then they scanned and e-mailed the subpoena court documents. Is this par for the course?

They will follow-up with a copy in the certified mail, or they should.

I guess your use of "served" was tongue-in-cheek?
In my state, to be "served" it must be a) in person and b) to the registered agent of the financial institution.
Any faxing, mailing, dropping off to somebody else, getting somebody else to sign for it, sending it to our attorney, etc., is not "serving" the bank.
But they will or should follow-up with an actual "service" of the subpoena.
Might be a good time to remind employees who can (and who can't) accept a subpoena on behalf of a bank. For instance, what do they say when someone says, "What's your fax number? I want to send you a subpoena." Besides laughing, and explaining that subpoenas cannot be served by fax, they should refer that caller to the point-of-contact for subpoenas.

...i mean emailing too.

They left a message requesting to speak to the person who handled subpoenas. Personnel passed it on to the President, who passed it to me as I am the point of contact for subpoenas. I called, identified myself and she actually said they could send it e-mail or UPS, she preferred e-mail since they were under time contraints.

Good suggestion to do a reminder of subpoena service guidelines.

Just for convenience, I appreciate a fax or email of one too, as a heads up, but I always tell them, before providing a fax or email address, that this is not considered serving us, and that they must serve our registered agent in addition to any "speedy" delivery method they choose. You just can't sue someone, or demand their records, by the method most convenient for you; you have to comply with federal or state law.

And I wouldn't use any unsecure communication method for any grand jury subpoena.

It was secure e-mail through the FDIC by the FDIC. Just a new way of communicating subpoenas for me. We are running by legal counsel to make sure we aren't missing any state laws.

Just because the FDIC associate says their file sharing system is secure, that doesn't make it so.

http://www.gao.gov/products/GAO-08-564

http://www.gao.gov/new.items/d08564.pdf

One of those reports is from 2008, but they have received similar reports repeatedly since at least 2002. Sounds like SOMEBODY (it starts with F and ends with C and has a D and an I in the middle) needs an Information Security cease-and-desist order.

I've never heard of FDIC being able to issue a Grand Jury Subpoena. I thought those had to be issued from the court and are extremely sensitive. Can't imagine it being sent by email, even if through FDIC connect. What if an assistant got hold of it (I know, you're the only one who's supposed to have access, but...).

Keep in mind that a subpoena for records can allow the records to be submitted OR can require personal appearance with the records. If you resist a subpoena (i.e. claim you cannot accept other than in person), you are liable to find yourself flying and driving someplace unpleasant to personnaly appear.

Al

Al, can FDIC even issue a 'grand jury subpoena'?

I don't think these are grand jury subpoenas, but administrative subpoenas. Grand jury suboenas are highly confidential.

Georgia, I think not. But, they can certainly get information they want.

Al

I agree with that Al. I was very worried that a grand jury subpoena was coming from FDIC. An admiistrative subpoena I could understand. We get faxes of subpoenas all the time from various governmental agencies requesting info and that is always followed up with original docs. I would comply with anything FDIC requested.

FDIC can in fact issue a GJ subpoena.

"FDIC can in fact issue a GJ subpoena."

Really? Care to provide a citation?

A grand jury subpeona comes from a grand jury and not an agency of the government.

Due to the FDIC's power of inquisition, they have the power to issue administrative subpoenas duces tecum.

No, they can't. Only a grand jury can issue a grand jury subpoena. The FDIC is issuing something else. The purpose, intent, and result may be the same but it is not being issued by the FDIC.

The only possibility that I can think of is somethow the FDIC is forwarding or "managing" a grand jury subpoena (that has already been issued by a grand jury) as it relates to an FI they regulate.

There is no "service" by email or fax. If you release the documents on the basis of receiving a subpoena by either of these methods, the bank will be liable to the customer under the FRPAT. The remedy for failure to comply with a subpoena is contempt of court and will require that the party seeking the contempt citation to show that the contemner was properly served and wilfully refused to comply.