United States Third Circuit

Orders enforcing government agency's subpoena against a financial institution, denying a stay, and finding a financial institution in contempt are vacated and remanded where: 1) the district court correctly found that the Right to Financial Privacy Act (RFPA) does not bar the enforcement of the Secretary's administrative subpoena; but 2) the district court erred in ruling that the issue of the secretary-s jurisdiction was not ripe for adjudication. In order to make the Gramm-Leach-Bliley Act's (GLBA) protections meaningful, before private consumer financial information is released by a financial institution to the DOL, the Secretary must establish jurisdiction to conduct the investigation.

Appellate Information

• Argued 03/09/2006
• Decided 01/19/2007
• Published 01/19/2007

Judges

• ROTH, Circuit Judge., Before ALDISERT, and ROTH , Circuit Judges, RODRIGUEZ , District Judge.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Lowell R. Gates, Esquire (Argued), Albert N. Peterlin, Esquire, Matthew J. Eshelman, Esquire, Gates, Halbruner & Hatch, P.C., Lemoyne, PA, for Appellant.


• For Appellees:
  
• Howard M. Radzely, Esquire, Solicitor of Labor, Timothy D. Hauser, Esquire, Associate Solicitor for Plan Benefits Security, Robyn M. Swanson, Esquire (Argued), Elizabeth Hopkins, Esquire, Counsel for Appellate and Special Litigation, Karen L. Handorf, Esquire, Counsel for Appellate and Special Litigation, United States Department of Labor, Office of the Solicitor, Ellen L. Beard, Esquire, Senior Appellate Attorney, Washington, DC, for Appellee.