Subpoenaing Records From a Foreign Bank – Section 5318(k)

The article, reprinted from the July 2019 issue of the Money Laundering and Forfeiture Digest, explains the decision of the district court in In Re Grand Jury Investigation, upholding the issuance of a subpoena for foreign bank records that was served on a Chinese bank pursuant to 31 U.S.C. Section 5318(k) — a provision of the USA Patriot Act that allows the government to issue such subpoenas even if the foreign bank has no branches in the United States, but does maintain a correspondent account at a US bank.

Subpoenaing Records From a Foreign Bank