This invention relates generally to a method and system for effecting legal service of a subpoena for information held by a financial or non-financial institution. In particular, the present invention relates to a computerized system and method for banks and non-bank financial institutions to accept service of a subpoena, automatically search their records for any information related to the subject of the subpoena, and generate a response in a timely manner, thereby expediting law enforcement efforts.
A government agency on the trail of money needs to have access to information contained in the records of banks and other financial institutions. Currently, the government is limited because there is no vehicle that allows the government to effect widespread service of a subpoena which relates to a person or entity which it needs to investigate. Fax subpoenas can be utilized, but fax delivery only affects one small aspect of the subpoena process, which is the delivery of a hardcopy. The logistical problems associated with who to fax a document to, whether the intended recipient is available, and whether the fax is received, also must be addressed.
Another shortcoming with the present system is the lack of coordination amongst agencies conducting investigations which results in inconsistent and non-unified lists of suspect names. One agency may very well not know that another agency is already conducting research into a particular name or to what extent another agency may have collected information regarding a particular name.
In another aspect, a bank's lawyers and other financial institution personnel typically have few resources available to assist them with the identification of information associated with a particular subpoena. A substantial amount of information needs to be considered in order to properly comply with a subpoena and to evaluate whether particular information should be provided under the terms of the subpoena. Search criteria and matching are largely subjective and can vary from institution to institution depending upon the skill set and degree of commitment. As a result, based largely upon who conducts a search to comply with a subpoena, one institution may conduct a thorough search of their records and provide results that include a search for alternate spelling of names, aliases, associations or other useful information, while another institution may provide a bare minimum of information.
Financial institutions do not have available a mechanism which can provide automated real time assistance to receive a subpoena and search their electronic records in a thorough and consistent manner for information associated with an international entity or subject of a subpoena. In the event of inexact matches to requested information, it is often a difficult and subjective task to manually review records and ascertain which information should be included in a response to the subpoena. Absent a means with which to timely receive a subpoena and search their records for any information related to the subpoenaed information, a financial institution may delay law enforcement efforts.
What is needed is a method and system to accept an electronic subpoena and process the subpoena in an automated and expeditious manner. A new method and system should anticipate offering guidance to personnel who process the subpoena and providing search algorithms and methods which allow the personnel to locate as much pertinent information as is feasible. In addition, the system should allow for an electronic transmission of information responsive to the subpoena, and help the personnel identify high risk situations.