Government Access to Private Sector Records Flashcards
(20 cards)
various administrative agencies of the US Government (IRS, SEC, etc)
Investigation
Suspicion of violation triggers investigation
Investigation
Subpoena is usual means of obtaining information
Investigation
latin word for “under penalty”
Subpoena
judicial order to produce testimony, document or other things
Subpoena
Command to appear at a certain time and place to give testimony upon a certain matter
Subpoena
Government does not have to grant advance notice or allow court challenge
Search Warrant
Law enforcement do the searching
Search Warrant
“order” compliance; allows subject to challenge legality in court
Subpoena
subject of _ gathers and produces information, documents,etc
subpoena
two basic types of subpoena
administrative and grand jury
authority is the power vested in various administrative agencies to compel testimony or the production of documents or both in aid of the agencies’ performance of their duties
Administrative Subpoenas
not self executing
Administrative Subpoenas
Usual type of subpoena issued in civil or criminal cases
Grand Jury Subpoenas
bring people to testify
Subpoena ad Testificandum
have evidence produced
Subpoena duces tecum
Courts have held there is no expectation of privacy in tax records
Fourth Amendment and Subpoenas for Financial Information
can compel the production of incriminating information
5th Amendment Subpoena Issues
Most corporate records will not be protected by the
5th Amendment
Allow various agencies to issue written commands comparable to administrative subpoenas
National Security Letters
