Legitimate Law Enforcement Requests and Bank Responses

Understanding Legitimate Law Enforcement Requests

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Question

A law enforcement agency submits several requests to a FI. Which request is legitimate and requires the bank to respond?

Answers

Explanations

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A. B. C. D.

D

Among the four options provided, the legitimate request that requires a bank to respond is option B - Freeze an account in terms of a court order.

Explanation:

A. Seize privileged documents upon written request - This request is not legitimate as privileged documents, such as attorney-client communications, are protected by law and cannot be seized without a court order or a subpoena.

B. Freeze an account in terms of a court order - This request is legitimate and requires the bank to respond. When a law enforcement agency obtains a court order to freeze an account, the bank must immediately freeze the account and ensure that no funds are transferred or withdrawn from the account until further instructions from the court.

C. Produce documents and testimony without a subpoena - This request is not legitimate as banks are not required to produce documents or testimony without a subpoena, which is a legal order that requires a person or organization to produce evidence or appear in court.

D. Keep an account open upon verbal request - This request is not legitimate as banks are required to follow written instructions from account holders, and verbal requests cannot be verified or authenticated. If an account holder wishes to keep an account open, they must provide a written request to the bank.

In summary, the only legitimate request that requires a bank to respond among the options provided is option B - Freeze an account in terms of a court order.