In re: Ernest Terry Motion to Quash

Filing 13

ORDER denying 1 MOTION FOR ORDER PURSUANT TO CUSTOMER CHALLENGE PROVISIONS OF THE RIGHT TO FINANCIAL PRIVACY ACT OF 1978; and granting 8 MOTION to Enforce Administrative Subpoena; Signed by U.S. District Judge Karen E. Schreier on 4/4/2023. Mailed to Plaintiff 4/4/2023 (DJP)

Case 4:23-mc-00011-KES Document 13 Filed 04/04/23 Page 1 of 2 PageID #: 54

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
SOUTHERN DIVISION
ERNEST TERRY,

4:23-MC-00011-KES
Movant,

vs.
SOCIAL SECURITY ADMINISTRATION,
OFFICE OF THE INSPECTOR GENERAL

ORDER DENYING MOTION FOR
ORDER PURSUANT TO CUSTOMER
CHALLENGE PROVISIONS AND
GRANTING MOTION TO ENFORCE
ADMINISTRATIVE SUBPOENA

Respondent.
The court has reviewed Movant’s Motion for Order Pursuant to Customer
Challenge Provisions of the Right to Financial Privacy Act of 1978 (RFPA), and
sworn statement in support, and Respondent’s Motion to Enforce
Administrative Subpoena and Response to Customer Challenge, and
supporting documentation. Government access to financial records concerning
individuals is governed by the RFPA, which allows a customer to challenge
only: (1) the relevance of the requested records, (2) the legitimacy of the law
enforcement inquiry, and (3) whether there has been compliance with the RFPA
provisions. 12 U.S.C. § 3410(a), (c). The court finds the records sought under
the subpoena are relevant to a legitimate law enforcement inquiry and the
RFPA provisions have been complied with. Thus, it is
ORDERED that:

Case 4:23-mc-00011-KES Document 13 Filed 04/04/23 Page 2 of 2 PageID #: 55

1. Movant’s Motion for Order Pursuant to Customer Challenge
Provisions of the Right to Financial Privacy Act (Docket 1) is denied.
2. Respondent’s Motion to Enforce Administrative Subpoena (Docket 8)
is granted.
3. Wells Fargo Bank must produce the records requested in SSA-OIG
administrative subpoena duces tecum, numbered SPR-597, at such
time and place as SSA-OIG shall provide; and
4. SSA-OIG shall be permitted to retain, access, and review the records
produced by Wells Fargo Bank.
Dated April 4, 2023.
BY THE COURT:
/s/ Karen E. Schreier
KAREN E. SCHREIER
UNITED STATES DISTRICT JUDGE