WIDI v. MCNEIL et al

Filing 143

ORDER granting in part and denying in part 124 Motion to Disclose ; dismissing 140 Objection to Order on Motion to Disclose and Motion to Strike By JUDGE JOHN A. WOODCOCK, JR. (jgw)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
DAVID J. WIDI, JR.,
Plaintiff,
v.
PAUL MCNEIL, et al.,
Defendants.

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2:12-cv-00188-JAW

FINAL ORDER ON MOTION TO DISCLOSE
This is a civil action by a customer against a bank for disclosing account
information without his permission to a grand jury.

The bank has moved for

permission to disclose the grand jury subpoena to the customer to confirm that the
bank is entitled to assert a defense under the Right to Financial Privacy Act (RFPA)
and the Annunzio-Wylie Anti-Money Laundering Act (AWAMLA). TD Bank, N.A.’s
Mot. to Disclose (ECF No. 124). The Court requested the Government’s position and
although the Government objected to the release on general principle, it had no
specific objection to the release of a copy of the subpoena to Mr. Widi so long as
certain personal identifiers for the Assistant United States Attorney who was
involved in the case were removed. Gov’t’s Resp. to TD Bank’s Mot. to Disclose (ECF
No. 129); Gov’t’s Ex Parte Supplemental Resp. to TD Bank’s Mot. to Disclose Filed
Under Seal (ECF No. 142).
Based on the Government’s response, pursuant to Federal Rule of Criminal
Procedure 6(e)(3)(E)(i), the Court finds that the rights of the litigants in this case

exceed the impact on the need for grand jury secrecy and the Court GRANTS in
part and DENIES in part TD Bank, N.A.’s Motion to Disclose (ECF No. 124). The
Court GRANTS TD Bank the authority to disclose to David J. Widi, Jr., a copy of
the grand jury subpoena to which it responded, except that the Court DENIES TD
Bank the authority to disclose to Mr. Widi that portion of the subpoena that would
reveal the personal identifiers of the Assistant United States Attorney who
requested that the subpoena be issued. In sum, the Court GRANTS TD Bank the
authority to disclose to David J. Widi, Jr. copies of the subpoena that TD Bank
received in this case, see Subpoena to Testify Before Grand Jury (ECF No. 132),
except that TD Bank shall redact all references to the name of the Assistant United
States Attorney.

As Mr. Widi is receiving a copy of the subpoena that he has

sought, the Court DISMISSES as moot David J. Widi, Jr.’s Objection to Order on
Motion to Disclose (Doc # 130) and Motion to Strike (Doc # 129) (ECF No. 140).
SO ORDERED.
/s/ John A. Woodcock, Jr.
JOHN A. WOODCOCK, JR.
CHIEF UNITED STATES DISTRICT JUDGE
Dated this 28th day of May, 2013

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