United States Second Circuit

Appeal of order denying motion of financial institution customers to quash a subpoena duces tecum pursuant to the Right to Financial Privacy Act of 1978 is dismissed for lack of jurisdiction where the government has yet to bring proceedings against customers or to inform customers that it has declined to bring proceedings against them.

Appellate Information

• Decided 05/11/2006
• Published 05/11/2006

Judges

• JOSÉ A. CABRANES, Circuit Judge., Before:  WINTER, CABRANES and RAGGI, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Charles P. Hurley, Mayer, Brown, Rowe & Maw LLP, Washington, DC (Hector Gonzalez, Mayer, Brown, Rowe & Maw LLP, New York, NY, on the brief), for Movants-Appellants.


• For Appellees:
  
• Kenneth W. Rosenberg, United States Department of Justice, Tax Division, Washington, DC (Eileen J. O'Connor, Assistant Attorney General, Robert W. Meltzer, Department of Justice, Tax Division, Washington, DC, Michael J. Garcia, United States Attorney for the Southern District of New York, New York, NY, on the brief), for Defendant-Appellee.