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9-13.000 - Obtaining Evidence

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9-13.001Electronic Recording of Statements
9-13.100Use of Body-Worn Cameras by Task Force Officers
9-13.200 Communications with Represented Persons
9-13.300 Polygraphs——Department Policy
9-13.400 Obtaining Information From, or Records of, Members of the News Media; and Questioning, Arresting, or Charging Members of the News Media
9-13.410 Guidelines for Issuing Grand Jury or Trial Subpoena to Attorneys for Information Relating to the Representation of Clients
9-13.420 Searches of Premises of Subject Attorneys
9-13.500 International Legal Assistance
9-13.510 Obtaining Evidence Abroad——General Considerations
9-13.512 Intended Use of the Evidence
9-13.514 Time Required
9-13.516 Cost of Obtaining Evidence
9-13.525 Subpoenas
9-13.526 Forfeiture of Assets Located in Foreign Countries
9-13.530 Special Considerations——Translations
9-13.534 Foreign Travel by Prosecutors
9-13.535 Depositions
9-13.540 Assisting Foreign Authorities
9-13.550Costs Relating to International Legal Assistance
9-13.700 Applications for Protective Orders Pursuant to 18 U.S.C. § 2705(b)
9-13.800 Access to and Disclosure of Financial Records
9-13.900 Access to and Disclosures of Tax Returns in a Non-tax Criminal Case

9-13.001 - Electronic Recording of Statements

This policy establishes a presumption that the Federal Bureau of Investigation (FBI), the Drug Enforcement Administration (DEA), the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), and the United States Marshall Service (USMS) will electronically records statements made by individuals in their custody in the circumstances set forth below.

This policy also encourages agents and prosecutors to consider electronic recording in investigative or other circumstances where the presumption does not apply.  The policy encourages nwbia and prosecutors to consult with each other in such circumstances.

I.Presumption of Recording.  There is a presumption that the custodial statement of an individual in a place of detention with suitable recording equipment, following arrest but prior to initial appearance, will be electronically recorded, subject to the exceptions defined bank of america legal order processing contact Such custodial interviews will be recorded without the need for supervisory approval.

  1. Electronic recording.  This policy strongly encourages the use of video recording to satisfy the presumption.  When video recording equipment considered suitable under agency policy is not available, audio recording may be utilized. 
  2. Custodial interviews.  The presumption applies only to interviews of persons in FBI, DEA, ATF or USMS custody.  Interviews in non-custodial settings are excluded from the presumption.
  3. Place of detention.  A place of detention is any structure where persons are held in connection with federal criminal charges where those persons can be interviewed.  This includes not only federal facilities, but also any state, local, or tribal law enforcement facility, office, correctional or detention facility, jail, police or sheriff=s station, holding cell, or other structure used for such purpose.  Recording under this policy is not required while a person is waiting for transportation, or is en route, to a place of detention.
  4. Suitable recording equipment.  The presumption is limited to a place of detention that has suitable recording equipment.  With respect to a place of detention owned or controlled by FBI, DEA, ATF, or USMS, suitable recording equipment means:  

    (i) an electronic recording device deemed suitable by the agency for the recording of interviews that,

    (ii) is reasonably designed to capture electronically the entirety of the interview. Each agency will draft its own policy governing placement, maintenance and upkeep of such equipment, as well as requirements for preservation and transfer of recorded content.  

With respect to an interview by FBI, DEA, ATF, or USMS in a place of detention they do not own or control, but which has recording equipment, FBI, DEA, ATF, or USMS will each determine on a case by case basis whether that recording equipment meets or is equivalent to that agency’s own requirements or is otherwise suitable for use in recording interviews for purposes of this policy.  

  1. Timing.   The presumption applies to persons in custody in a place of detention with suitable recording equipment following arrest but who have not yet made an initial appearance before a judicial officer under Federal Rule of Criminal Procedure 5.
  2. Scope of offenses.  The presumption applies to interviews in connection with all federal crimes.  
  3. Scope of recording.  Electronic recording will begin as soon as the subject enters the interview area or room and will continue until the interview is completed.   
  4. Recording may be overt or covert.  Recording under this policy may be covert or overt.   Covert recording constitutes consensual monitoring, which is allowed by federal law.  See 18 U.S.C. §2511(2)(c).  Covert recording in fulfilling the requirement of this policy may be carried out without constraint by the procedures and approval requirements prescribed by other Department policies for consensual monitoring.  

II.  Exceptions to the Presumption.   A decision not to record any interview that would otherwise presumptively be recorded under this policy must be documented by the agent as soon as practicable.  Such documentation shall be made available to the United States Attorney and should be reviewed in connection with a periodic assessment of this policy by the United States Attorney and the Special Agent in Charge or their designees.

  1. Refusal by interviewee.  If the interviewee is informed that the interview will be recorded and indicates that he or she is willing to give a statement but only if it is not electronically recorded, then a recording need not take place.  
  2. Public Safety and National Security Exception.  Recording is not prohibited in any of the circumstances covered by this exception and the decision whether or not to record should wherever possible be the subject of consultation between the agent and the prosecutor.  There is no presumption of electronic recording where questioning is done for the purpose of gathering public safety information under New York v. Quarles.  The presumption of recording likewise does not apply to those limited circumstances where questioning is undertaken to gather national security-related intelligence or questioning concerning intelligence, sources, or methods, the unify financial credit union irvine ca disclosure of which would cause damage to national security.  
  3. Recording is not reasonably practicable. Circumstances may prevent, or render not reasonably practicable, the electronic recording of an interview that would otherwise be presumptively recorded. Such circumstances may include equipment malfunction, an unexpected need to move the interview, or a need for multiple interviews in a limited timeframe exceeding the available number of recording devices. 
  4. Residual exception.  The presumption in favor of recording may be overcome where the Special Agent in Charge and the United States Attorney, or their designees, agree that a significant and articulable law enforcement purpose requires setting it aside.  This exception is to be used sparingly.

III.  Extraterritoriality. The presumption does not apply outside of the United States. However, recording may be appropriate outside the United States where it is not otherwise precluded or made infeasible by law, regulation, treaty, policy, or practical concerns such as the suitability of recording equipment.  The decision chase bank atm cash withdrawal limit to record an interview - whether the subject is in foreign custody, U.S. custody, or not in custody - outside the United States should be the subject of consultation between the agent and the prosecutor, in addition to other applicable requirements and authorities.

IV. Administrative Issues.  

  1. Training.  United States Attorneys’ offices and field offices of each agency should consider  collaborating if and as needed to provide periodic training for agents and prosecutors on best practices associated with electronic recording of interviews. 
  2. Assignment of responsibilities. The investigative agencies will bear the cost of acquiring and maintaining, in places of detention they control where custodial interviews occur, recording equipment in sufficient numbers to meet expected needs for the recording of such interviews.  Agencies will pay for electronic copies of recordings for distribution pre-indictment. Post-indictment, the United States Attorneys’ offices will pay for transcripts of recordings, as necessary.

[added December 2017]


9-13.100  Use of Body-Worn Cameras by Task Force Officers

The Department of Justice permits the use of body-worn cameras (BWCs) by deputized task force officers (TFOs) on federal task forces.  This policy provides the parameters for the use of BWCs by TFOs to the extent that a state or local law enforcement agency[1] requires their use by its officers during federal task force operations. 

  1. Use of Body-Worn Cameras During Federal Task Force Operations 

TFOs employed by a law enforcement agency that mandates the use of BWCs on federal task forces may wear and activate their recording equipment for the purpose of recording their actions during task operations[2] only during: (1) a planned attempt to serve an arrest warrant or other planned arrest; or, (2) the execution of a search warrant.[3]  There are several exceptions:

  • TFOs are prohibited from recording:  (1) undercover personnel; (2) confidential informants or confidential sources; (3) on-scene witness interviews prior to or after the operation; (4) personnel using specialized or sensitive investigative techniques or equipment; or (5) on-scene actions by any non-law enforcement persons who are assisting law enforcement personnel prior to or after the operation.
  • TFOs are prohibited from activating their BWC if the TFO is using specialized or sensitive investigative techniques, operating in a sensitive area, or working in an undercover or covert status on behalf of the federal task force or federal agency as determined by the federal agency sponsoring the task force.    
  • Subject to the discretion of the federal agency sponsoring the task force, TFOs generally shall not use their BWCs to record any activities related to investigations involving public corruption, medical facilities, national security, or other sensitive investigations.  The Department’s policy of permitting the limited use of BWCs on task forces does not apply to highly specialized or sensitive operations or groups as determined by the federal agency sponsoring the task force.
  1. Body-Worn Camera Recordings are Federal Records and Property of DOJ 

All TFO BWC recordings made during federal task force operations, including such recordings retained by the TFO’s parent agency and/or in the possession of any third party engaged by the parent agency to store or process BWC recordings, shall be deemed federal records of the Department and the federal agency sponsoring the task force pursuant to the Federal Records Act.  TFO BWC recordings are controlled by, and the property of, the Department and will be retained and managed by the federal agency sponsoring the task force.  These records cannot be disseminated without the written permission of the Department, subject to the following exceptions:

  • Internal Dissemination:  The TFO’s parent agency is authorized to use TFO BWC recordings for internal investigations of its personnel consistent with the parent agency’s policies and procedures, but may not disseminate the BWC recording outside the parent agency or for public release without the written permission of the Department. 
  • Expedited Public Release:  If TFO BWC recording(s) depict conduct committed solely by a TFO resulting in serious bodily injury or death of another, the TFO’s parent agency shall notify the sponsoring federal agency and the United States Attorney as early as possible if it desires to publicly release the TFO’s BWC recording(s).  The sponsoring federal agency and the United States Attorney will expeditiously review the recording(s) and provide official concurrence with public release as soon as practical, unless there are specific and compelling circumstances justifying an objection to public release that cannot be resolved by redaction or other means.  Upon official concurrence, the TFO’s parent agency may immediately release the recording(s) with any agreed-upon redactions, giving as much advance notice as possible to the sponsoring federal agency and United States Attorney as to the time and manner of its release.   

To view the full policy for additional guidance on these matters, see the October 29, 2020, Use of Body-Worn Cameras by Federally Deputized Task Force Officers Policy.

[added October 2020]


[1]   This policy applies equally to tribal and territorial law enforcement agencies.

[2]   TFOs are authorized to wear and activate their recording equipment in accordance with this policy anywhere they are authorized to act bank of america legal order processing contact a police or peace officer under state, local, territorial or tribal law.

[3]    For the execution of a search warrant, BWCs should not be used for searches of property lawfully in government custody or control, or a search to obtain digital or electronic records executed by a third party, such as an electronic service provider or custodian of electronic records.


9-13.200 - Communications with Represented Persons

Department attorneys are governed in criminal and civil law enforcement investigations and proceedings by the relevant rule of professional conduct that deals with communications with represented persons. 28 U.S.C. Section 530B. In determining which rule of professional conduct is relevant, Department attorneys should be guided by 28 C.F.R. Part 77 (1999). Department attorneys are strongly encouraged to consult with their Professional Responsibility Officers or supervisors—and, if appropriate, the Professional Responsibility Advisory Office—when there is a question regarding which is the relevant rule or the interpretation or application of the relevant rule.

[updated January 2020]


9-13.300 - Polygraphs—Department Policy

The Department opposes all attempts by defense counsel to admit polygraph evidence or to have an examiner appointed by the court to conduct a polygraph test. Government attorneys should refrain from seeking the admission of favorable examinations that may have been conducted during the investigatory stage for the following reasons.

Though certain physiological reactions such as a fast heartbeat, muscle contraction, and sweaty palms are believed to be associated with deception attempts, they do not, by themselves, indicate deceit. Anger, fear, anxiety, surprise, shame, embarrassment, and resentment can also produce these same physiological reactions. S. Rep. No. 284, 100th Cong., 2d Sess. 3-5 (1988). Moreover, an individual is less likely to produce these physiological reactions if he is assured that the results of the examination will not be disclosed without his approval. Given the present theoretical and practical deficiencies of polygraphs, the government takes the position that polygraph results should not be introduced into evidence at trial. On the other hand, in respect to its use as an investigatory tool, the Department recognizes that in certain situations, as in testing the reliability of an informer, a polygraph can be of is opry mills mall open today value. Department policy therefore supports the limited use of t he polygraph during investigations. This limited use should be effectuated by using the trained examiners of the federal investigative agencies, primarily the FBI, in accordance with internal procedures formulated by the agencies. E.g., R. Ferguson, Polygraph Policy Model for Law Enforcement, FBI Law Enforcement Bulletin, pages 6-20 (June 1987). The case agent or prosecutor should make clear to the possible defendant or witness the limited purpose for which results are used and that the test results will be only one factor in making a prosecutive decision. If the subject is in custody, the test should be preceded by Miranda warnings. Subsequent admissions or confessions will then be admissible if the trial court determines that the statements were voluntary. Wyrick v. Fields, 459 U.S. 42 (1982); Keiper v. Cupp, 509 F.2d 238 (9th Cir. 1975).

[updated January 2020]


913.400 Obtaining Information From, or Records of, Members of the News Media; and Questioning, Arresting, or Charging Members of the News Media.

In January 2015, the Attorney General issued an updated policy, reflected in 28 C.F.R. 50.10, regarding obtaining information from, or records of, members of the news media; and regarding questioning, arresting, or charging members of the news media. The updated policy is intended to ensure that, in determining whether to seek information from, or records of, members of the news media, the Department strikes the proper balance among several vital interests: protecting national security, ensuring public safety, promoting effective law enforcement and the fair administration of justice, and safeguarding the essential role of the free press in fostering government accountability and an open society. See Memorandum from the Attorney General to All Department Employees (Jan. 14. 2015); Memorandum from the Attorney General to All Department Employees (Feb. 21, 2014); Report on Review of News Media Policies (July 2013). To achieve this balance, the policy mandates robust review and evaluation by the Criminal Division of requests for authorization to use covered law enforcement tools, and oversight by senior Department officials.

This section provides guidance regarding the interpretation and application of the policy reflected in 28 C.F.R. 50.10; instruction regarding the process for securing the necessary approvals; and information regarding the mandatory consultation requirements that are noted where applicable throughout this section and summarized in subsection M herein. See Memorandum from the Attorney General to All Department Employees (Jan. 14. 2015). To satisfy the mandatory consultation requirement, members of the Department must submit to the Policy and Statutory Enforcement Unit (PSEU) at pseu@usdoj.gov (link sends e-mail) a memorandum describing the relevant facts and addressing the relevant considerations. In free online business checking account no deposit to the PSEU email address, members of the Department may contact PSEU for any questions by calling (202) 305‐4023. Members of the Department may not employ the use of the investigative tool at issue until the Criminal Division has responded in writing.

Because obtaining information from, or records of, members of the news media; and questioning, arresting, or charging members of the news media, requires balancing critical law enforcement and free press‐related interests, obtaining the Attorney General’s authorization to use the law enforcement tools covered by this policy (or consulting with the Criminal Division, as required) often is time intensive. Accordingly, to ensure appropriate consideration, members of the Department should submit requests for authorization or consultation pursuant to this policy at least 30 days before the anticipated use of the covered law enforcement tool.

  1. Statement of Principles.
    1. 1. The Department’s policy is intended to provide protection to members of the news media from certain law enforcement tools, whether criminal or civil, that might unreasonably impair newsgathering. The policy is not intended to extend special protections to members of the news media bank of america legal order processing contact are the subject or targets of criminal investigations for conduct not based on, or within the scope of, newsgathering activities. 28 C.F.R. 50.10(a)(1). The policy also is not intended to inhibit the ability of law enforcement authorities to engage with members of the news media for the purpose of seeking the voluntary (i.e., without compulsion) production or disclosure of records, materials, or information; or to question or interview members of the news media on a voluntary basis when such questioning does not concern criminal conduct the member of the news media is suspected of having committed in the course of, or arising out of, newsgathering activities.

      The policy does not define "member of the news media." Rather, whether an individual or an entity is a member of the news media is a fact‐specific inquiry, and should be determined on a case‐by‐case basis. The policy also does not define "newsgathering activities," which determination affects whether the Attorney General, as opposed to the United States Attorney or the Assistant Attorney General responsible for the matter, must authorize the use of a particular law enforcement tool. See 28 C.F.R. 50.10(c)(3)(ii) and (d)(4).

      When there is a question regarding whether an individual or entity is a member of the news media, members of the Department must consult with the PSEU before employing the use of a covered law enforcement tool. Members of the Department must also consult with the PSEU regarding whether the conduct at issue of the affected member of the news media constitutes or relates to "newsgathering activities."
    2. In determining whether to seek information from, or records of, members of the news media, the approach in every instance must be to strike the proper balance between several vital interests: protecting national security, ensuring public safety, promoting effective law enforcement and the fair administration of justice, and safeguarding the essential role of the free press in fostering government accountability and an open society. 28 C.F.R. 50.10(a)(2).
    3. The Department views the use of certain law enforcement tools, including subpoenas, court orders issued pursuant to 18 U.S.C. 2703(d) or 3123, and search warrants to seek information from, or records of, non‐consenting members of the news media as extraordinary measures, not standard investigatory practices. 28 C.F.R. 50.10(a)(3).
    4. When the Attorney General has authorized the use of a subpoena, court order issued pursuant to 18 U.S.C. 2703(d) or 3123, or warrant to obtain from a third party the communications records or business records of a member of the news media, the affected member of the news media shall be given reasonable and timely notice of the Attorney General’s determination before the use of the subpoena, court order, or warrant, unless the Attorney General determines that, for compelling reasons, such notice would pose a clear and substantial threat to the integrity of the investigation, risk grave harm to national security, or present an imminent risk of death or serious bodily harm. 28 C.F.R. 50.10(a)(4); see also 28 C.F.R. 50.10(e).
  2. Scope.
    1. Covered Individuals and Entities
      1. The policy governs the use of certain law enforcement tools to obtain information from, or records of, members of the news media; and the questioning, arresting, or charging of members of the news media.
      2. The protections of the policy do not extend to any individual or entity where there are reasonable grounds to believe that the individual or entity is a foreign power or an agent of a foreign power; a member or an affiliate of a foreign terrorist organization; designated a specially designated global terrorist; a specially designated terrorist; a terrorist organization; committing or attempting to commit a crime of terrorism; committing or attempting to commit the crime of providing material support or resources to a terrorist organization; or aiding, abetting, or conspiring in illegal activity with such individuals or entities. 28 C.F.R.50.10(b)(1)(ii).

        Members of the Department must consult with the PSEU regarding whether an individual or entity is not covered by, and therefore not entitled to the protections of, the policy, pursuant to 28 C.F.R. 50.10(b)(1)(ii). The Criminal Division will consult with the National Security Division, as appropriate.
    2. Covered Law Enforcement Tools and Records
      1. The policy governs the use by law enforcement authorities of subpoenas to obtain information from members of the news media, including documents, testimony, and other materials; and the use by law enforcement authorities of subpoenas, or court orders issued pursuant to 18 U.S.C. 2703(d) (2703(d) order) or 18 U.S.C. 3123 (3123 order), to obtain from third parties "communications records" or "business records" of members of the news media, as those terms are defined in 28 C.F.R. 50.10(b)(3). 28 C.F.R. 50.10(b). Members of the Department shall consult with the PSEU regarding whether particular records sought constitute communications records or business records as defined by this policy.
      2. The policy governs applications for warrants to search the premises or property of members of the news media, pursuant to Federal Rule of Criminal Procedure 41; or to obtain from third‐party "communication service providers" the communications records or business records of members of the news media, pursuant to 28 U.S.C. 2703(a) and (b). Id.
      3. The policy governs questioning members of the news media about, arresting members of the news media for, or charging members of the news media with criminal conduct they are suspected of having committed in the course of, or arising out of, newsgathering activities.
    3. Subpoenas or Court Orders Issued or Obtained by Other Executive Branch Departments or Agencies. Although not expressly addressed in 28 C.F.R. 50.10, members of the Department must consult with the Criminal Division before taking steps to enforce subpoenas issued to member of the news media, or to compel compliance with subpoenas or court orders issued to third parties for communications records or business records of member of the news media, which subpoenas were issued or court orders obtained in the first instance by other Executive Branch departments or agencies. To satisfy the consultation requirement, members of the Department shall submit to the PSEU a memorandum describing the factual and legal background of the matter. Members of the Department may not proceed with any efforts to enforce or compel compliance with any subpoenas or court orders until the Criminal Division has responded in writing to the request for consultation.
  3. Issuing Subpoenas to Members of the News Media, or Using Subpoenas or Court Orders Issued Pursuant to 18 U.S.C. 2703 or 3123 to Obtain From Third Parties Communications Records or Business Records of Members of the News Media.
    1. Except as set forth in 28 C.F.R. 50.10(c)(3), members of the Department must obtain the authorization of the Attorney General to issue a subpoena to a member of the news media; or to use a subpoena, 2703(d) order, or 3123 order to obtain from a third party communications records or business records of a member of the news media. 28 C.F.R. 50.10(c)(1).
    2. Requests for the authorization of the Attorney General for the issuance of a subpoena to a member of the news media; or to use a subpoena, 2703(d) order, or 3123 order to obtain communications records or business records of a member of the news media, must be personally endorsed by the United States Attorney or Assistant Attorney General responsible for the matter. 28 C.F.R. 50.10(c)(2).
    3. Exceptions to the Attorney General Authorization Requirement
      1. Consent of Member of the News Media. The United States Attorney or Assistant Attorney General responsible for the matter may authorize the issuance of a subpoena to a member of the news media, if the member of the news media expressly agrees to provide the requested information in response to a subpoena. 28 C.F.R. 50.10(c)(3)(i). In such circumstances, the United States Attorney or Assistant Attorney General responsible for a matter shall provide notice to the Director of the Criminal Division’s Office of Enforcement Operations within 10 business days of the authorization of the issuance of the subpoena. Id.
      2. Information Sought Not Related to Newsgathering Activities
        1. The United States Attorney or Assistant Attorney General responsible for the matter may authorize the issuance of a subpoena to a member of the news media for purely commercial, financial, administrative, technical, or other information unrelated to newsgathering activities; or for information or records relating to personnel not involved in newsgathering activities. 28 C.F.R. 50.10(c)(3)(ii)(A). Before issuing a subpoena to a member of the news media pursuant to this provision, members of the Department must consult with the PSEU.
        2. The United States Attorney or Assistant Attorney General responsible for the matter may authorize the issuance of a subpoena to a member of the news media for information related to public comments, messages, or postings by readers, viewers, customers, or subscribers, over which the member of the news media does not exercise editorial control prior to publication. 28 C.F.R. 50.10(c)(3)(ii)(B). Before issuing a subpoena to a member of the news media pursuant to this provision, members of the Department must consult with the PSEU.
        3. The United States Attorney or Assistant Attorney General responsible for the matter may authorize the use of subpoenas to obtain information from, or the use of subpoenas, 2703(d) orders, or 3123 orders to obtain communications records or business records of, members of the news media who may be perpetrators or victims of, or witnesses to, crimes or other events, when such status (as a perpetrator, victim, or witness) is not based on, or within the scope of, newsgathering activities. 28 C.F.R.50.10(c)(3)(ii)(C). Before issuing a subpoena or applying for a court order pursuant to this provision, members of the Department must consult with the PSEU.
        4. Criminal Division Consultation and Notice. In the circumstances identified in 28 C.F.R. 50.10(c)(3)(ii), the United States Attorney or Assistant Attorney General responsible for the matter must consult with the Criminal Division regarding appropriate review and safeguarding protocols; and provide a copy of the subpoena or court order to the Director of the Office of Public Affairs and to the Director of the Criminal Division’s Office of Enforcement Operations within 10 business days of the authorization. 28 C.F.R.50.10(c)(3)(iii).
    4. In seeking the authorization of the Attorney General to issue a subpoena to a member of the news media, members of the Department shall address the considerations identified in 28 C.F.R. 50.10(c)(4).
      1. Member of the news media as subject or target. In matters in which a member of bangor spotlight cinemas Department determines that a member of the news media is a subject or target of an investigation relating to an offense committed in the course of, or arising out of, newsgathering activities, the member of the Department requesting Attorney General authorization to issue a subpoena to a member of the news media shall provide all facts necessary to a determination by the Attorney General regarding both whether the member of the news media is a subject or target of the investigation and whether to authorize the issuance of such us bank student credit card. 28 C.F.R. 50.10(c)(4)(i). If the Attorney General determines that the member of the news media is a subject or target of an investigation relating to an offense committed in the course of, or arising out of, newsgathering activities, the Attorney General’s determination should take into account the principles reflected in 28 C.F.R. 50.10(a), but need not take into account the considerations identified in 28 C.F.R. 50.10(c)(4)(ii) – (viii). Id. Members of the Department must consult with the PSEU regarding whether a member of the news media is a subject or target of an investigation related to an offense committed in the course of, or arising out of, newsgathering activities.
      2. Director of National Intelligence Certification. In investigations or prosecutions of unauthorized disclosures of national defense information or classified information, the member of the Department requesting Attorney General authorization to issue a subpoena to a member of the news media shall obtain from the Director of National Intelligence (DNI) a document certifying (1) the significance of the harm raised by the unauthorized disclosure, (2) that the information disclosed was properly classified, and (3) re‐affirmance of the intelligence community’s support for the investigation or prosecution. 28 C.F.R. 50.10(c)(4)(vi). Because securing the necessary certification from the DNI may take considerable time, members of the Department are encouraged to initiate the process at least 30 days in advance of seeking the Attorney General’s authorization, and must coordinate with the National Security Division in seeking the DNI certification.
    5. In seeking the authorization of the Attorney General to use a subpoena, 2703(d) order, or 3123 order to obtain from a third party the communications records or business records of a member of the news media, members of the Department shall address the considerations identified in 28 C.F.R. 50.10(c)(5).
      1. Member of the news media as subject or target. In matters in which a member of the Department determines that a member of the news media is a subject or target of an investigation relating to an offense committed in the course of, or arising out of, newsgathering activities, the member of the Department requesting Attorney General authorization to use a subpoena, 2703(d) order, or 3123 order to obtain from a third party the communications records or business records of a member of the news media shall provide all facts necessary to a determination by the Attorney General regarding both whether the member of the news media is a subject or target of the investigation and whether to authorize the use of such subpoena or court order. 28 C.F.R. 50.10(c)(5)(i). If the Attorney General determines that the member of the news media is a subject or target of an investigation relating to an offense committed in the course of, or arising out of, newsgathering activities, the Attorney General’s determination should take into account the principles reflected in 28 C.F.R. 50.10(a), but need not take into account the considerations identified in 28 C.F.R. 50.10(c)(5)(ii) – (viii). Id. Members of the Department must consult with the PSEU regarding whether a member of the news media is a subject or target of an investigation related to an offense committed in the course of, or arising out of, newsgathering activities.
      2. Director of National Intelligence Certification. In investigations or prosecutions of unauthorized disclosures of national defense information or classified information, the member of the Department requesting Attorney General authorization to use a subpoena, 2703(d) order, or 3123 order to obtain from a third party the communications records or business records of a member of the news media shall obtain from the Director of National Intelligence a document certifying (1) the significance of the harm raised by the unauthorized disclosure, (2) that the information disclosed was properly classified, and (3) re‐affirmance of the intelligence community’s support for the investigation or prosecution. 28 C.F.R. 50.10(c)(5)(v). Because securing the necessary  certification from the DNI may take considerable time, members of the Department are encouraged to initiate the process at least 30 days in advance of seeking the Attorney General’s authorization, and must coordinate with the National Security Division in seeking the DNI certification.
    6. Consultation with Criminal Division before Moving to Compel.
      1. When the Attorney General has authorized the issuance of a subpoena to a member of the news media; or the use of a subpoena, 2703(d) order, or 3123 order to obtain from a third party communications records or business records of a member of the news media, members of the Department shall consult with the Criminal Division before moving to compel compliance with any such subpoena or court order. 28 C.F.R. 50.10(c)(6). To satisfy the consultation requirement, members of the Department shall submit to the PSEU a memorandum (2) describing the facts, including communications with the affected member of the news media and other events, that transpired since the Attorney General’s authorization; and (2) explaining why compulsion is necessary.
      2. Although not expressly addressed in 28 C.F.R. 50.10, members of the Department must consult with the Criminal Division before taking steps to enforce subpoenas issued to member of the news media, or to compel compliance with subpoenas or court orders issued to third parties for communications records or business records of member of the news media, which subpoenas were issued or court orders obtained in the first instance by other Executive Branch departments or agencies. To satisfy the consultation requirement, members of the Department shall submit to the PSEU a memorandum describing the factual and legal background of the matter. Members of the Department may not proceed with any efforts to enforce or compel compliance with any subpoenas or court orders until the Criminal Division has responded in writing to the request for consultation.
    7. NonDisclosure Orders Directed to News Media Entities or ThirdParty Communication Service Providers
      1. In seeking authorization of the Attorney General, pursuant to 28 C.F.R.50.10(c), or a Deputy Assistant Attorney General for the Criminal Division, pursuant to 28 C.F.R. 50.10(g), to issue a subpoena to a news media entity; or to use of a union bank of california locations in los angeles, 2703(d) order, or 3123 order to obtain from a third party communications records or business records of a member of the news media, members of the Department must indicate whether they intend to seek an order directing the recipient of the subpoena or court order, if authorized, not to disclose the existence of the subpoena or court order to any other person or entity, and shall articulate the need for such non‐disclosure order. Any authorization must expressly indicate whether a non‐disclosure order may be sought.
      2. Consultation with Criminal Division before Seeking NonDisclosure Orders Directed to News Media Entity when US Attorney or Assistant Attorney General Authorizes Issuance of Subpoena. If an Assistant Attorney General or a United States Attorney authorizes the issuance of a subpoena to a news media entity pursuant to 28 C.F.R. 50.10(c)(3), before seeking an order directing the recipient of the subpoena not to disclose the existence of the subpoena to any other person or entity, the responsible Assistant Attorney General or United States Attorney must consult with the Criminal Division regarding the need for such order, and may not seek the non‐disclosure order until or unless expressly authorized to do so in writing by the Attorney General, the Deputy Attorney General, the Assistant Attorney General for the Criminal Division, or a Deputy Assistant Attorney General for the Criminal Division.
    8. Notice to Criminal Division of Factual or Legal Developments. bank of america legal order processing contact the Attorney General, an Assistant Attorney General, or a United States Attorney has authorized the use of a covered law enforcement tool to obtain information from, or records of, a member of the news media, members of the Department who requested and obtained such authorization shall immediately apprise the Criminal Division of any subsequent changes to or developments in the facts or circumstances relevant to the decision making process (e.g., considerations identified in 28 C.F.R. 50.10(c)(4), (c)(5), (d)(3), or (f)). When such disclosure of changed facts or circumstances is made, the member of the Department may not issue the subpoena or move to compel compliance with the same unless expressly authorized to do so in writing by the Attorney General, the Deputy Attorney General, the Assistant Attorney General for the Criminal Division, or a Deputy Assistant Attorney General for the Criminal Division.
  4. Applying for Warrants to Search the Premises, Property, Communications Records, or Business Records of Members of the News Media. 1
    1. Except as set forth in 28 C.F.R. 50.10(d)(4), members of the Department must obtain the authorization of the Attorney General to apply for a warrant to search the premises, property, communications records, or business records of a member of the news media. 28 C.F.R. 50.10(d)(1).
    2. All requests for the authorization of the Attorney General to apply for a warrant to search the premises, property, communications records, or business records of a member of the news media must personally be endorsed by the United States Attorney or Assistant Attorney General responsible for the matter. 28 C.F.R. 50.10(d)(2).
    3. In seeking the authorization of the Attorney General to apply for a warrant to search the premises, property, communications records, or business records of a member of the news media, members of the Department should address both the requirements of the Privacy Protection Act (PPA), 42 U.S.C. 2000aa – 2000aa‐ 7, and the considerations identified in 28 C.F.R. 50.10(c)(5). 28 C.F.R. 50.10(d)(3).
      1. Member of the news media as subject or target. In matters in which a member of the Us bank walmart determines that a member of the news media is a subject or target of an investigation relating to an offense committed in the course of, or arising out of, newsgathering activities, the member of the Department requesting Attorney General authorization to apply for a warrant to search the premises, property, communications records, or business records of a member of the news media shall provide all facts necessary to a determination by the Attorney General regarding both whether the member of the news media is a subject or target of the investigation and whether to authorize the application for the warrant. See 28 C.F.R. 50.10(c)(5)(i). If the Attorney General determines that the member of the news media is a subject or target of an investigation relating to an offense committed in the course of, or arising out of, newsgathering activities, the Attorney General’s determination should take into account both the requirements of the PPA and the principles reflected in 28 C.F.R. 50.10(a), but need not take into account the considerations identified in 28 C.F.R. 50.10(c)(5)(ii) – (viii). Id. Members of the Department must consult with the PSEU regarding whether a member of the news media is a subject or target of an investigation related to an offense committed in the course of, or arising out of, newsgathering activities.
      2. Director of National Intelligence Certification. In investigations or prosecutions of unauthorized disclosures of national defense information closets by design charlotte north carolina classified information, the member of the Department requesting Attorney General authorization to apply for a warrant to search the premises, property, communications records, or business records of a member of the news media shall obtain from the Director of National Intelligence a document certifying (1) the significance of the harm raised by the unauthorized disclosure, (2) that the information disclosed was properly classified, and (3) re‐affirmance of the intelligence community’s support for the investigation or prosecution. 28 C.F.R. 50.10(c)(5)(v). Because securing the necessary certification from the DNI may take considerable time, members of the Department are encouraged to initiate the process at least 30 days in advance of seeking the Attorney General’s authorization, and must coordinate with the National Security Division in seeking the DNI certification.
    4. Members of the Department may be authorized to apply for a warrant to obtain work product or other documentary materials of a member of the news media pursuant to the "suspect exception" of the Privacy Protection Act (PPA), 42 U.S.C. 2000aa(a)(1), (b)(1), when the member of the news media is a subject or target of a criminal investigation for conduct not based on, or within the scope of, newsgathering activities. In such instances, members of the Department must secure authorization from a Deputy Assistant Attorney General for the Criminal Division to apply for the warrant. 28 C.F.R. 50.10(d)(4). For example, if a member of the news media is the subject or target of a criminal investigation concerning the production or distribution of child pornography or an investigation concerning extortion, and the conduct is not based on, or within the scope of, such individual’s newsgathering activities, an application for a warrant to search bank of america legal order processing contact individual’s premises, property, communications records, or business records must be approved by a Deputy Assistant Attorney General for the Criminal Division.

      Members of the Department must consult with the PSEU regarding whether the conduct at issue is based on, or within the scope of, newsgathering activities.
    5. Members of the Department should not be authorized to apply for a warrant to obtain work product materials or other documentary materials of a member of the news media under the PPA suspect exception, see 42 U.S.C. 2000aa(a)(1) and (b)(1), if the sole purpose is to further the investigation of a person other than the member of the news media. 28 C.F.R. 50.10(d)(5).
    6. Searches of NonMedia Premises, Property, Communications Records, or Business Records. 2  A Deputy Assistant Attorney General (DAAG) for the Criminal Division may authorize an application for a warrant to search the premises, property, or communications records of an individual other than a member of the news media, e.g., an academic, but who is reasonably believed to have "a purpose to disseminate to the public a newspaper, book, broadcast, or other similar form of public communication." 42 U.S.C. 2000aa(a), (b). See 28 C.F.R. 50.10(d)(6).
      1. If the request involves the contemplated search of electronic or digital records, members of the Department shall submit a request to the Criminal Division’s Computer Crime and Intellectual Property Section (CCIPS).
      2. If the request involves only the contemplated search of physical premises, property, or records, members of the Department shall submit a request to the PSEU.
      3. The Criminal Division DAAG will determine (1) whether the individual or entity whose premises, property, or records may be searched is protected by the PPA; and, if so, (2) whether the information sought constitutes "work product materials" or "other documents" as defined by the PPA; and, if so, (3) whether usaa deposit taking atms near me PPA’s suspect exception or another exception to the general prohibition on the search and seizure of such materials is applicable.
    7. In executing a warrant authorized by the Attorney General or by a Deputy Assistant Attorney General for the Criminal Division, investigators should use protocols designed to minimize intrusion into potentially protected materials or newsgathering activities unrelated to the investigation, including but not limited to keyword searches (for electronic searches) and filter teams. 28 C.F.R. 50.10(d)(7). Members of the Department should include proposed search and review protocols in their requests for authorization.
  5. Notice to Affected Member of the News Media.
    1. In matters in which the Attorney General has both determined that a member of the news media is a subject or target of an investigation relating to an offense committed in the course of, or arising out of, newsgathering activities, and authorized the use of a subpoena, court order, or warrant to obtain from a third party the communications records or business records of a members of the news media pursuant to 28 C.F.R. 50.10(c)(4)(i), (c)(5)(i), or (d)(1), members of the Department are not required to provide notice of the Attorney General’s authorization to the member of the news media. See 28 C.F.R. 50.10(e)(1)(i). The Attorney General may, nevertheless, direct that notice be provided. If the Attorney General does not direct that notice be provided, the United States Attorney or Assistant Attorney General responsible for the matter shall provide to the Attorney General within 90 days of the authorization (and every 90 days thereafter) an update regarding the status of the investigation, which update shall include an assessment of any harm that would be caused to the investigation if notice were provided to the affected member of the news media. The Attorney General shall consider such updates in determining whether to direct that notice provided.
    2. Except as provided in 28 C.F.R. 50.10(e)(1), when the Attorney General has authorized the use of a subpoena, court order, or warrant to obtain from a third party communications records or business records of a member of the news media, the affected member of the news media shall be given reasonable and timely notice of the Attorney General’s determination before the use of the subpoena, court order, or warrant, unless the Attorney General determines that, for compelling reasons, such notice would pose a clear and substantial threat to the integrity of the investigation, risk grave harm to national security, or present an imminent risk of death or serious bodily harm. 28 C.F.R. 50.10(e)(2). The mere possibility that notice to the affected member of the news media, and potential judicial bank of america legal order processing contact, might delay the investigation is not, on its own, a compelling reason to delay notice. Id.

    3. When the Attorney General has authorized the use of a subpoena, court order, or warrant to obtain communications records or business records of a member of the news media, and the affected member of the news media has not been given notice, pursuant to 28 C.F.R. 50.10(e)(2), of the Attorney General’s determination before the use of the subpoena, court order, or warrant, the United States Attorney or Assistant Attorney General responsible for the matter shall provide to the affected member of the news media notice of the subpoena, court order, or warrant as soon as it is determined that such notice will no longer pose a clear and substantial threat to the integrity of the investigation, risk grave harm to national security, or present an imminent risk of death or serious bodily harm. 28 C.F.R. 50.10(e)(3). In any event, such notice shall occur within 45 days of the government’s receipt of any return made pursuant to the subpoena, court order, or warrant, except that the Attorney General may authorize delay of notice for an additional 45 days if he or she determines that for compelling reasons, such notice would pose a clear and substantial threat to the integrity of the investigation, risk grave harm to national security, or present an imminent risk of death or serious bodily harm. Id. No further delays may be sought beyond the 90‐day period. Id.

    4. The United States Attorney or Assistant Attorney General responsible for the matter shall provide to the Director of the Office of Public Affairs and to the Director of the Criminal Division’s Office of Enforcement Operations a copy of any notice to be provided to the affected member of the news media at least 10 business days before such notice is provided, and immediately after such notice is, in fact, provided to the affected member of the news media. 28 C.F.R. 50.10(e)(4).
  6. Questioning, Arresting, or Charging Members of the News Media.
    1. No member of the Department shall subject a member of the news media to questioning as to any offense which he or she is suspected of having committed in the course of, or arising out of, newsgathering activities without first providing notice to the Director of the Office of Public Affairs and obtaining the express authorization of the Attorney General. 28 C.F.R. 50.10(f)(1).
      1. The government need not view the member of the news media as a subject or target of an investigation, or have the intent to prosecute the member of the news media, to trigger the requirement that the Attorney General must authorize such questioning. Id. Before questioning a member of the news media, members of the Department must consult with the PSEU whenever the proposed questioning may relate to an offense the member of the news media "is suspected of having committed in the course of, or arising out of, newsgathering activities" even if the government does not view the member of the news media as a subject or target of an investigation, or have the intent to prosecute the member of the news media.
      2. If law enforcement authorities intend to question the member of the news media about criminal conduct he or she is suspected of having committed in the course of, or arising out of, newsgathering activities, the Attorney General must authorize any such questioning. Conversely, if, at the time the request is made, law enforcement authorities do not intend to question the member of the news media about criminal conduct he or she is suspected of having committed in the course of, or arising out of, newsgathering activities, the Attorney General need not authorize such questioning. Before questioning a member of the news media, members of the Department must consult with the PSEU whenever the proposed questioning may relate to an offense the member of the news media "is suspected of having committed in the course of, or arising out of, newsgathering activities."
      3. This requirement is not intended to inhibit the ability of law enforcement authorities to question or interview members of the news media on a voluntary basis when such questioning does not concern criminal conduct the member of the news media is suspected of having committed in the course of, or arising out of, newsgathering activities. For example, members of the Department do not need authorization, pursuant to 28 C.F.R. 50.10, to contact a member of the news media for the purpose of alerting such person to their status as a victim of or witness to a crime, or to question on a voluntary basis such person about their status as a victim of or witness to a crime – even if such status as a victim or witness comerica bank routing number direct express related to newsgathering activities. Before questioning or interviewing a member of the news media in connection with their status as a victim of or witness to a crime, members of the Department must consult with the PSEU to confirm such status.
    2. No member of the Department shall seek a warrant for an arrest, or conduct how to check your edd card balance arrest, of a member of the news media for any offense which he or she is suspected of having committed in the course of, or arising out of, newsgathering activities without first providing notice to the Director of the Office of Public Affairs and obtaining the express authorization of the Attorney General. 28 C.F.R. 50.10(f)(2). Before seeking an arrest warrant for, or arresting, a member of the news media, members of the Department must consult with the PSEU regarding whether the member of the news media engaged in the conduct at issue "in the course of, or arising out of, newsgathering activities."
    3. No member of the Department shall present information to a grand jury seeking a bill of indictment, or file an information, against a member of the news media for any offense which he or she is suspected of having committed in the course of, or arising out of, newsgathering activities without first providing notice to the Director of the Office of Public Affairs and obtaining the express authorization of the Attorney General. 28 C.F.R. 50.10(f)(3). Before charging a member of the news media, members of the Department must consult with the PSEU regarding whether the member of the news media engaged in the conduct at issue "in the course of, or arising out of, newsgathering activities."
    4.  In requesting the Attorney General's authorization to question, to seek an arrest warrant for, or to arrest, or to present information to a grand jury seeking an indictment or to file an information against, a member of the news media as provided in 28 C.F.R. 50.10(f)(1) – (f)(3), a member of the Department shall provide all facts necessary for a determination by the Attorney General. 28 C.F.R. 50.10(f)(4). To do so, the member of the Department should submit to the PSEU a memorandum describing the offense under investigation, the status of the investigation, and the role of the member of the news media in the conduct at issue and the relationship to such person’s newsgathering activities; and a discussion of the rationale for the proposed questioning, arrest, or charging of the member of the news media in light of the purposes of the policy as set forth in 28 C.F.R. 50.10(a).
  7. Exigent Circumstances.
    1. A Deputy Assistant Attorney General for the Criminal Division may authorize the use of a subpoena or court order, as described in 28 C.F.R. 50.10(c), or the questioning, arrest, or charging of a member of the news media, as described in 28 C.F.R. 50.10(f), if he or she determines that the exigent use of such law enforcement tool is necessary to prevent or mitigate an act of terrorism; other acts that are reasonably likely to cause significant and articulable harm to national security; death; kidnapping; substantial bodily harm; conduct that constitutes a specified offense against a minor (for example, as those terms are defined in section 111 of the Adam Walsh Child Protection and Safety Act of 2006, 42 U.S.C. 16911), or an attempt or conspiracy to commit such a criminal offense; or incapacitation or destruction of critical infrastructure (for example, as defined in section 1016(e) of the USA PATRIOT Act, 42 U.S.C. 5195c(e)). 28 C.F.R. 50.10(g)(1)(i). A Deputy Assistant Attorney General for the Criminal Division may authorize an application for a warrant, as described in 28 C.F.R. 50.10(d), if there is reason to believe that the immediate seizure of the materials at issue is necessary to prevent the death of, or serious bodily injury to, a human being, as provided in 42 U.S.C. 2000aa(a)(2) and (b)(2). 28 C.F.R. 50.10(g)(1)(ii).
    2. Within 10 business days of the approval by a Deputy Assistant Attorney General for the Criminal Division of a request for the exigent use of a particular law enforcement tool pursuant to 28 C.F.R. 50.10(g)(1), the United States Attorney or Assistant Attorney General responsible for the matter shall provide to the Attorney General, to the Director of the Office of Public Affairs, and to the Director of the Criminal Division’s Office of Enforcement Operations a statement containing the information that would have been provided in a request for prior authorization. 28 C.F.R. 50.10(g)(2).
  8. Safeguarding
    1. Any information obtained pursuant to a subpoena, court order, or warrant pursuant to 28 C.F.R. 50.10 shall be closely held so as to prevent disclosure of the information to unauthorized persons or for improper purposes. 28 C.F.R. 50.10(h). Specifically,
      1. Access to information or records obtained from members of the news media or from third parties pursuant to 28 C.F.R. 50.10 shall be limited to personnel who are working on the investigation or related judicial or administrative proceedings and who have a direct need to know.
      2. Information or records obtained from members of the news media or from third parties pursuant to 28 C.F.R. 50.10 shall be used solely in connection with the investigation in which it was obtained, or related judicial or administrative proceedings; or for other purposes with the written consent of the affected member of the news media.
      3. Information or records obtained from members of the news media or from third parties pursuant to 28 C.F.R. 50.10 may not be shared with any other organization or individual inside or outside of the federal government, except as part of the investigation or as required in the course of judicial proceedings.
      4. At the conclusion of all proceedings related to or arising from the investigation, other than information or records disclosed in the course of judicial proceedings, or as required by law, the Department shall retain only one copy of any records obtained from members of the news media or from third parties pursuant to 28 C.F.R. 50.10, which copy shall be maintained in a secure and segregated repository.
    2. If the Attorney General or Deputy Attorney General finds that specific, identifiable records or information constitute evidence of a separate past or imminent crime involving (i) death; (ii) kidnapping; (iii) substantial bodily harm; (iv) conduct that constitutes a criminal offense that is a specified offense against a minor, as defined by 42 U.S.C. § 16911(7); or (v) incapacitation or destruction of critical infrastructure, as defined by 42 U.S.C. § 5195c(e), the Attorney General or Deputy Attorney General may authorize broader use of the information.
  9. Failure to Comply with Policy. Failure to obtain the prior approval of the Attorney General, as required by 28 C.F.R. 50.10, may constitute grounds for an administrative reprimand or other appropriate disciplinary action. 28 C.F.R. 50.10(i).
  10. General Provision. The policy is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. 28 C.F.R. 50.10(j).
  11. Review and Approval Process
    1. Issuing Subpoenas to Members of the News Media, or Using Subpoenas or Court Orders Issued Pursuant to 18 U.S.C. 2703 or 3123 to Obtain From Third Parties Communications Records or Business Records of Members of the News Media. The Criminal Division shall review and evaluate all requests for the authorization of the Attorney General to issue subpoenas to members of the news media, or to use subpoenas or court orders issued pursuant to 18 U.S.C. 2703 or 3123 to obtain from third parties communications records or business records of a member of the news media, pursuant to 28 C.F.R. 50.10(c). Such requests should be submitted to the PSEU at least 30 business days before the anticipated use of the law enforcement tool, and shall address all applicable considerations identified in 28 C.F.R. 50.10(c)(4) and (c)(5).
    2. Applying for Warrants to Search the Premises, Property, Communications Records, or Business Records of Members of the News Media. The Criminal Division shall review and evaluate all requests for authorization to apply for warrants to search the premises, property, communications records, or business records of members of the news media (or a person or entity that has "a purpose to disseminate to the public a newspaper, book, broadcast, or other similar form of public communication.”).  See 42 U.S.C. § 2000aa(a) and (b); 28 C.F.R. 50.10(d); and JM 9-19.240.   Such requests shall be submitted to the PSEU at least 30 business days before the anticipated application for a warrant,and shall address all applicable considerations identified in 28 C.F.R. 50.10(d) and JM 9‐19.240.
    3. Questioning, Charging, or arresting Members of the News Media. The Criminal Division shall review and evaluate all requests for the authorization of the Attorney General to question, arrest, or charge a member of the news media. Such requests should be submitted to the PSEU at least 30 business days before the anticipated questioning, charging, or arrest, and shall address all applicable considerations identified in 28 C.F.R. 50.10(f).
    4. Review by the Director of the Office of Public Affairs. Unless a Deputy Assistant Attorney General for the Criminal Division has authorized the exigent use of a covered law enforcement tool pursuant to 28 C.F.R. 50.10(g), or unless directed otherwise by the Attorney General, the Assistant Attorney General for the Criminal Division shall forward to the Director of the Office of Public Affairs for review and comment the Criminal Division’s recommendation regarding any requests requiring a decision by the Attorney General.
    5. News Media Review Committee. In February 2014, the Department created the News Media Review Committee to assist in balancing the investigative imperatives with the protection of the public’s interest in the freedom of the press. See Memorandum from Attorney General to All Department Employees (Feb. 21, 2014); Memorandum from Deputy Attorney General James M. Cole to Heads of Department Components (Feb. 28, 2014). The News Media Review Committee is comprised of the Department’s Chief Privacy and Civil Liberties Officer, the Director of the Office of Public Affairs, and Associate Deputy Attorney General, and two senior career Assistant United States Attorneys with relevant expertise and experience but no involvement (supervisory or otherwise) in the matter under consideration.
      1. Unless a Deputy Assistant Attorney General for the Criminal Division has authorized the exigent use of a covered law enforcement tool pursuant to 28 C.F.R. 50.10(g), or unless directed otherwise by the Attorney General or the Deputy Attorney General, the Assistant Attorney General for the Criminal Division shall, in the following circumstances, forward to the News Media Review Committee for its review and comment the Criminal Division’s recommendation:
        1. If the request relates to the investigation of unauthorized disclosure of sensitive law enforcement or national defense information;
        2. If Department attorneys request authorization to seek communications records or business records of a member of the news media without first negotiating with, or providing notice to, the affected member of the news media;
        3. If Department attorneys request authorization to seek information from, or records of, a member of the news media that would reveal the identity of a confidential source; or
        4. At the request of the Attorney General or Deputy Attorney General.
      2. After reviewing the relevant materials, and consulting with Department personnel, as necessary, the News Media Review Committee will communicate its recommendation in writing to the Attorney General and Deputy Attorney General.
    6. Notice to Criminal Division of Factual or Legal Developments. When the Attorney General, an Assistant Attorney General, or a United States Attorney has authorized the use of a covered law enforcement tool to obtain information from, or records of, a member of the news media, members of the Department who requested and obtained such authorization shall immediately apprise the Criminal Division of any subsequent changes to or developments in the facts or circumstances relevant to the decision making process (e.g., considerations identified in 28 C.F.R. 50.10(c)(4), (c)(5), (d)(3), or (f)). When such disclosure of changed facts or circumstances is made, the member of the Department may not issue the subpoena or move to compel compliance with the same unless expressly authorized to do so in writing by the Attorney General, the Deputy Attorney General, the Assistant Attorney General for the Criminal Division, or a Deputy Assistant Attorney General for the Criminal Division.
  12. Reporting Requirements
    1. When a United States Attorney or Assistant Attorney General has authorized the issuance of a subpoena to a member of the news media when the member of the news media expressly agrees to provide the requested information in response to a subpoena, pursuant to 28 C.F.R. 50.10(c)(3)(i); or has authorized the issuance of a subpoena to a member of the news media, or the use of a subpoena or court order to obtain from a third party the communications records or business records of a member of the news media, pursuant to 28 C.F.R. 50.10(c)(3)(ii), the United States Attorney or Assistant Attorney General shall provide written notice to the Director of Office of Public Affairs and the Director of the Criminal Division’s Office of Enforcement Operations within 10 business days of the authorization of the issuance of the subpoena.
    2. When the Attorney General has authorized the use of a subpoena, court order, or warrant to obtain from a third party the communications records or business records of a member of the news media, the United States Attorney or Assistant Attorney General responsible for the matter shall provide to the Director of the Office of Public Affairs and to the Director of the Criminal Division’s Office of Enforcement Operations a copy of any notice to be provided to the affected member of the news media at least 10 business days before such notice is provided, and immediately after such notice is, in fact, provided to the affected member of the news media.
    3. Within 10 business days of a Deputy Assistant Attorney General for the Criminal Division authorizing the exigent use of a particular law enforcement tool, pursuant to 28 C.F.R. 50.10(g), the United States Attorney or Assistant Attorney General responsible for the matter shall submit to the Attorney General, to the Director of the Office of Public Affairs, and to the Director of the Criminal Division’s Office of Enforcement Operations a statement containing the information that would have been provided in requesting prior authorization.
    4. All Department Divisions and United States Attorneys’ Offices shall report to the Director of the Office of Public Affairs and to the Director of the Criminal Division’s Office of Enforcement Operations by January 31 of each year whether a subpoena, § 2703(d) order, § 3123 order, or warrant, authorized by the Attorney General, or by a Deputy Assistant Attorney General for the Criminal Division, during the preceding calendar year was issued, served, or executed, and whether the affected member of the news media or third‐party recipient of the subpoena, court order, or warrant complied with or challenged the same, and the outcome of any such challenge. This information will be used to prepare a public annual report regarding the Department’s use of these law enforcement tools.
  13. Mandatory Consultations.
    1. To ensure the consistent interpretation and application of the policy, members of the Department must consult with the Criminal Division in the following circumstances, or regarding the following determinations:
      1. When there is a question regarding whether an individual or entity is a member of the news media.
      2. Whether an individual or entity is not covered by, and therefore not entitled to the protections of, the policy, pursuant to 28 C.F.R. 50.10(b)(1)(ii), which expressly provides that the protections of the policy do not extend to any individual or entity in certain circumstances (e.g., where there are reasonable grounds to believe that the individual or entity is a foreign power or agent of a foreign power).
      3. Whether the conduct at issue of the affected member of the news media constitutes or relates to "newsgathering activities."
      4. Whether the records sought constitute "communications records" or "business records." See 28 C.F.R. 50.10(b)(3).
      5. Whether a proposed subpoena or court order falls within one of the exceptions to the Attorney General authorization requirement and, therefore, may be authorized by the United States Attorney or Assistant Attorney General responsible for the matter. See 28 C.F.R. 50.10(c)(3)(ii).
      6. Whether a member of the news media is a subject or target of an investigation relating to an offense committed in the course of, or arising out of, newsgathering activities. See 28 C.F.R. 50.10(c)(4)(i), (c)(5)(i), (d)(3), and (e).
      7. Whether proposed questioning of a member of the news media may relate to criminal conduct the member of the news media is suspected of having committed an offense in the course of, or arising out of, newsgathering activities. See 28 C.F.R. 50.101(f).
      8. Before moving to compel compliance with a subpoena, 2703(d) order, or 3123 order authorized by the Attorney General. 28 C.F.R. 50.10(c)(6).
      9. Although not expressly addressed in 28 C.F.R. 50.10, members of the Department must consult with the Criminal Division before taking steps to enforce subpoenas issued to member of the news media, or to compel compliance with subpoenas or court orders issued to third parties for communications records or business records of member of the news media, which subpoenas were issued or court orders obtained in the first instance by other Executive Branch departments or agencies.
      10. Before seeking an order directing a news media entity‐recipient of a subpoena authorized by an Assistant Attorney General or a United States Attorney pursuant to 28 C.F.R. 50.10(c)(3) not to disclose the existence of the subpoena to any other person or entity.
    2. To satisfy the consultation requirement, members of the Department must submit to the PSEU a memorandum describing the relevant facts and addressing the relevant considerations. Members of the Department may not employ the use of the law enforcement tool at issue until the Criminal Division has responded in writing.
  14. Questions. Any questions regarding the use of subpoenas, court orders issued pursuant to 18 U.S.C. 2703(d) or 3123, or search warrants to obtain information from, or records of, members of the news media; or regarding questioning, arresting, or charging members of the news media should be directed to the PSEU at pseu@usdoj.gov (link sends e-mail) or (202) 305‐4023.

Footnotes

___________________________

1. In Zurcher v. Stanford Daily, 436 U.S. 547 (1978), the Supreme Court held that a search of the offices of the Stanford newspaper for photographs that might help a police investigation of violent protests, which the paper had covered, did who sells usa today newspaper near me violate either the Fourth or the First Amendments. In response, in 1980, Congress enacted the Privacy Protection Act (PPA), 42 U.S.C. 2000aa – 2000aa‐7, to provide "the press and certain other persons not suspected of committing a crime with protections not provided currently by the Fourth Amendment." S. Rep. No. 96‐874, at 4 (1980), reprinted in 1980 U.S.C.C.A.N. 3950. The statute was intended "to limit searches for materials held by persons involved in First Amendment activities who are themselves not suspected of participation in the criminal activity for which the materials are sought, and not to limit the ability of law enforcement officers to search for and seize materials held by those suspected of committing the crime under investigation." Id. at 11. The protections of the PPA apply not only to members of the news media, but also to a broader class of persons reasonably believed to have a purpose to disseminate information to the public. For additional guidance, see Searching & Seizing Computers and Obtaining ElectronicEvidence in Criminal Investigations, Computer Crime and Intellectual Property Section (CCIPS), Criminal Division, pp. 101‐109.

2. The PPA generally prohibits the search or seizure of “work product materials” or “other documents” possessed by a person, or entity in connection with, “a purpose to disseminate to the public a newspaper, book, broadcast, or other similar form of public communication.” Because such materials or documents may be found in the premises, property, communications records, or business records of an individual or entity protected by the PPA, any search of those places may implicate the PPA. Therefore, members of the Department must obtain authorization from a Deputy Assistant Attorney General for the Criminal Division to apply for a warrant to search the premises, property, or communications records of an individual other than a member of the news media and who is reasonably believed to have a purpose to disseminate to the public a form of public communication. See 28 C.F.R. 50.10(d)(6).

[updated January 2020] [cited in JM 9-11.140JM 9-11.255]


9-13.410 - Guidelines for Issuing Subpoenas to Attorneys for Information Relating to the Representation of Clients

  1. Authorization of the Criminal Division. Because of the potential effects one america news anchors names an attorney-client relationship that may result from the issuance of a subpoena to an attorney for information relating to the attorney’s representation of a client, the Department exercises close control over such subpoenas. Such subpoenas (for both criminal and civil matters) must first be authorized by the Assistant Attorney General or a Deputy Assistant Attorney General for the Criminal Division before they may issue, unless the circumstances warrant application of  one of the exceptions set forth in subsection D below.  However, any subpoena to be issued to an attorney in a civil or criminal matter arising principally under the internal revenue laws must be submitted to the Tax Division for authorization pursuant to Tax Division policies and procedures.   In instances requiring Department approval in which the matter arises under both the internal revenue and non-tax laws, the submission must be made to the Criminal Division for authorization, which will consult with the Tax Division unless the circumstances warrant application of one of the exceptions set forth in subsection D below.

    This policy extends to proposed subpoenas to paralegals, investigators, or other employees or agents of attorneys, if the information sought relates to the attorney’s representation of a client, including information that the employee or the agent of the attorney, rather than the attorney personally, acquired.

    The authorization requirement applies only to subpoenas for information related to the representation of a client.  It does not apply to all subpoenas involving attorneys or their employees or agents.  For example, Criminal Division authorization is not required to issue:
    • A subpoena to a bank for the records of an attorney’s trust account, because trust accounts tend to hold the pooled funds of numerous clients, and records related to such accounts ordinarily do not relate to individual clients, and do not contain or reflect privileged or confidential attorney-client communications.
    • A subpoena for internal law office business documents (pay records of law office employees, law firm tax returns, etc.), because it relates to the day-to-day business operations of the law firm, and not to the representation of a client. Subpoenas for billing and payment records related to the representation of a client, however, must be authorized by the Criminal Division.
    • A subpoena seeking information regarding the attorney’s personal activities, and not regarding his/her representation of a client.
    • A subpoena  seeking corporate business information, and which is directed to an attorney who serves as a corporate officer. To make clear that the attorney is being subpoenaed in his/her capacity as a corporate officer, and that no attorney-client information is being sought, the subpoena should be addressed to “John Doe, in his capacity as secretary of the Umpqua bank near my location Corporation.”
  2. Preliminary Steps. When determining whether to issue a subpoena to an attorney for information relating to the attorney’s representation of a client, Department personnel must strike a balance between an individual’s right to the effective assistance of counsel and the public’s interest in the fair administration of justice and effective law enforcement. To that end, all reasonable attempts shall be made to obtain the information from alternative sources before issuing the subpoena to the attorney, unless such efforts would compromise the investigation or case. These attempts shall include reasonable efforts to first obtain the information voluntarily from the attorney, unless such efforts would compromise the investigation or case, or would impair the ability to subpoena the information from the attorney in the event that the attempt to obtain the information voluntarily proves unsuccessful.
  3. Evaluation of the Request. In considering a request to approve the issuance of a subpoena to an attorney for information relating to the representation of a client, the Assistant Attorney General or a Deputy Assistant Attorney General for the Criminal Division applies the following principles:
    1. The information sought shall not be protected by a valid claim of privilege.

    2. All reasonable attempts to obtain the information from alternative sources shall have proved to be unsuccessful.

    3. In a criminal investigation or prosecution, there must be reasonable grounds to believe that a crime has been or is being committed, and that the information sought is reasonably needed for the successful completion of the investigation or prosecution. The subpoena must not be used to obtain peripheral or speculative information.

    4. In a civil case, there must be reasonable grounds to believe that the information sought is reasonably necessary to the successful completion of the litigation.

    5. The need for the information must outweigh the potential adverse effects upon the attorney-client relationship. In particular, the need for the information must outweigh the risk that the attorney may be disqualified from representation of the client as a result of having to testify against the client.

    6. The subpoena shall be narrowly drawn and directed at material information regarding a limited subject matter and shall cover a reasonable, limited period of time.

  4. Exceptions to Criminal Division Authorization

    1. Friendly Subpoenas for Client-Related Information.  The United States Attorney or Assistant Attorney General responsible for a matter may authorize the issuance chase bank atm cash withdrawal limit a “friendly subpoena” for client-related information, that is, in a situation in which an attorney witness expressly agrees in writing (including by email) to provide the information, but requests the formality of a subpoena.  Before issuing any such subpoena, the responsible United States Attorney or Assistant Attorney General must evaluate the request consistent with subsection C of this policy.  If the friendly subpoena seeks testimony, information, or materials identified in Items (D)(2)(a)-(h) below, the federal prosecutor handling the case may authorize the issuance of the subpoena.

    2. Information Not Protected by Privilege or Circumstances Not Offending Attorney-Client Relationship.  In addition, authorization by the Criminal Division is not required where the contemplated subpoena is limited to seeking one or more of the following categories of information, since such subpoenas do not raise concerns regarding the potential application of the attorney-client privilege or the potential for negative impact upon the attorney-client relationship:
      1. Records of property transactions, including real estate closing statements, sales contracts, and payment records.

      2. Information or materials provided by a client to an attorney for the purpose of disclosure to third parties, including information or materials provided for disclosure in bankruptcy proceedings, tax filings, immigration proceedings, or similar matters and transactions.

      3. Publicly filed documents not reasonably available from other sources.

      4. Testimony or materials necessary to respond to a claim of ineffective assistance of counsel, including, but not limited to, petitions filed pursuant to 28 U.S.C. § 2255 and D.C. Code § 23-110.

      5. Testimony or materials necessary to probe the viability of, or respond to, a formal, written claim or assertion by a civil litigant or a criminal defendant that he or she reasonably relied on the advice of counsel in engaging in the conduct at issue in the specific matter in which the information is sought.This exception does not apply to subpoenas intended to probe the possibility or viability of an advice-of-counsel defense that has not formally been claimed or asserted by a civil litigant or criminal defendant.

      6. Testimony or materials within the scope of an explicit and unchallenged waiver, or other express form of consent by the attorney’s client to disclosure of the subject information.

      7. Information or materials produced or created in discovery, including deposition testimony, if such information or materials are not subject to a protective order.

      8. Testimony or materials that the court presiding over the underlying proceeding has ordered a party to produce or provide.

  5. Submitting the Request. Requests for authorization should be submitted to the Policy and Statutory Enforcement Unit (PSEU), Office of Enforcement Operations, Criminal Division. When documents are sought in addition to the testimony of the attorney witness, a draft of the subpoena duces tecum, listing the documents sought, must accompany the submission.

  6. No Rights Created by Guidelines. These guidelines are set forth solely for the purpose of internal Department of Justice guidance. They are not intended to, do not, and may not be relied upon to create any rights, substantive or procedural, enforceable at law by any party in any matter, civil or criminal, nor do they place any limitations on otherwise lawful investigative or litigative prerogatives of the Department of Justice.

  7. Questions.  Questions regarding the applicability of the authorization requirement or any of its exceptions should be directed to the Policy and Statutory Enforcement Unit, Office of Enforcement Operations at 202-305-4023 or pseu@usdoj.gov.

[updated March 2016] [cited in JM 9-11.255; JM 9-13.420]


9-13.420 - Searches of Premises of Subject Attorneys

NOTE: For purposes of this policy only, "subject" includes an attorney who is a "suspect, subject or target," or an attorney who is related by blood or marriage to a suspect, or who is believed to be in possession of contraband or the fruits or instrumentalities of a crime. This policy also applies to searches of business organizations where such searches involve materials in the possession of individuals serving in the capacity of legal advisor to the organization. Search warrants for "documentary materials" held by an attorney who is a "disinterested third party" (that is, any attorney who is not a subject) are governed by 28 C.F.R. 59.4 and JM 9-19.221etseqSee bank of america phone number please U.S.C. Section 2000aa-11(a)(3).

There are occasions when effective law enforcement may require the issuance of a search warrant for the premises of an attorney who is a subject of an investigation, and who also is or may be engaged in the practice of law on behalf of clients. Because of the potential effects of this type of search on legitimate attorney-client relationships and because of the possibility that, during such a search, the government may encounter material protected by a legitimate claim of privilege, it is important that close control be exercised over this type of search. Therefore, the following guidelines should be followed with respect to such searches:

  1. Alternatives to Search Warrants. In order to avoid impinging on valid attorney-client relationships, prosecutors are expected to take the least intrusive approach consistent with vigorous and effective law enforcement when bank of america legal order processing contact is sought from an attorney actively engaged in the practice of law. Consideration should be given to obtaining information from other sources or through the use of a subpoena, unless such efforts could compromise the criminal investigation or prosecution, or could result in the obstruction or destruction of evidence, or would otherwise be ineffective.
    NOTE: Prior approval must be obtained from the Assistant Attorney General for the Criminal Division to issue a subpoena to an attorney relating to the representation of a client. See JM 9-13.410.
  2. Authorization by United States Attorney or Assistant Attorney General. No application for such a search warrant may be made to a court without the express approval of the United States Attorney or pertinent Assistant Attorney General. Ordinarily, authorization of an application for such a search warrant is appropriate when there is a strong need for the information or material and less intrusive means have been considered and rejected.
  3. Prior Consultation. In addition to obtaining approval from the United States Attorney or the pertinent Assistant Attorney General, and before seeking judicial authorization for the search warrant, the federal prosecutor must consult with the Criminal Division through the Office of Enforcement Operations, Policy and Statutory Enforcement Unit (PSEU), which can be reached at (202) 305-4023 or pseu@usdoj.gov.

    NOTE: Attorneys are encouraged to consult with PSEU as early as possible regarding a possible search of an attorney's premises.  Telephone No. (202) 305-4023; pseu@usdoj.gov.

    To facilitate the consultation, the prosecutor should submit a form available to Department attorneys through PSEU. The prosecutor must provide relevant information about the proposed search along with a draft copy of the proposed search warrant, affidavit in support thereof, and any special instructions to the searching agents regarding search procedures and procedures to be followed to ensure that the prosecution team is not "tainted" by any privileged material inadvertently seized during the search. This procedure does not preclude any United States Attorney or Assistant Attorney General from discussing the matter personally with the Assistant Attorney General of the Criminal Division.

    If exigent circumstances prevent such consultation before the warrant is presented to a court, the Criminal Division should be notified of the search as promptly as possible. In all cases, the Criminal Division should be provided as promptly as possible with a copy of the judicially authorized search warrant, search warrant affidavit, and any special instructions to the searching agents.

    The Criminal Division is committed to ensuring that consultation regarding attorney search warrant requests will not delay investigations. Timely processing will be assisted if the Criminal Division is provided as much information about the search as early as possible. The Criminal Division should also be informed of any deadlines.

    As part of the consultation process described above, PSEU shall itself consult with the Office of the Deputy Attorney General, as set forth in the Attorney General’s December 30, 2020, memorandum.

  4. Safeguarding Procedures and Contents welcome best buy account online pay my bill the Affidavit. Procedures should be designed to ensure that privileged materials are not improperly viewed, seized or retained during the course of the search. While the procedures to be followed should be tailored to the facts of each case and the requirements and judicial preferences and precedents of each district, in all cases a prosecutor must employ adequate precautions to ensure that the materials are reviewed for privilege claims and that any privileged documents capital one spark commercial returned to the attorney from whom they were seized.
  5. Conducting the Search. The search warrant should be drawn as specifically as possible, consistent with the requirements of the investigation, to minimize the need to search and review privileged material to which no exception applies.

    While every effort should be made to avoid viewing privileged material, the search may require limited review of arguably privileged material to ascertain whether the material is covered by the warrant. Therefore, to protect the attorney-client privilege and to ensure that the investigation is not compromised by exposure to privileged material relating to the investigation or to defense strategy, a "privilege team" should be designated, consisting of agents and lawyers not involved in the underlying investigation.

    Instructions should be given and thoroughly discussed with the privilege team prior to the search. The instructions should set forth procedures designed to minimize the intrusion into privileged material, and should ensure that the privilege team does not disclose any information to the investigation/prosecution team unless and until so instructed by the attorney in charge of the privilege team. Privilege team lawyers should be available either on or off-site, to advise the agents during the course of the search, but should not participate in the search itself.

    The affidavit in support of the search warrant may attach any written instructions or, at a minimum, should generally state the government's intention to employ procedures designed to ensure that attorney-client privileges are not violated.

    If it is anticipated that computers will be searched or seized, prosecutors are expected to follow the procedures set forth in the current edition of Searching and Seizing Computers, published by CCIPS.

  6. Review Procedures. The following review procedures should be discussed prior to approval of any warrant, consistent with the practice in your district, the circumstances of the investigation and the volume of materials seized.
    • Who will conduct the review, i.e., a privilege team, a judicial officer, or a special master.
    • Whether all documents will be submitted to a judicial officer or special master or only those which a privilege team has determined to be arguably privileged or arguably subject to an exception to the privilege.
    • Whether copies of all seized materials will be provided to the subject attorney (or a legal representative) in order that: a) disruption of the law firm's operation is minimized; and b) the maurices capital one sign in is afforded an opportunity to participate in the process of submitting disputed documents to the court by raising specific claims of privilege. To the extent possible, providing copies of seized records is encouraged, where such disclosure will not impede or obstruct the investigation.
    • Whether appropriate arrangements have been made for storage and handling of electronic evidence and procedures developed for searching computer data (i.e., procedures which recognize the universal nature of computer seizure and are designed to avoid review of materials implicating the privilege of innocent clients).

These guidelines are set forth solely for the purpose of internal Department of Justice guidance. They are not intended to, do not, and may not open business bank account online wells fargo relied upon to create any rights, substantive or procedural, enforceable at law by any party in any matter, civil or criminal, nor do they place any limitations on otherwise lawful investigative or litigative prerogatives of the Department of Justice.

[updated January 2021]


9-13.500 - International Legal Assistance

Some countries reserve official acts to local officials and provide significant criminal penalties for persons who engage in such acts in their territory without authorization.  Before attempting to do any unilateral investigative act outside the United States relating to a criminal investigation or prosecution, including contacting a witness by telephone or mail, prior approval must be obtained from the Criminal Division’s Office of International Affairs (OIA) (202-514-0000).

In addition, OIA must be consulted before contacting any foreign or State Department official in matters relating to extradition of a fugitive or the obtaining of evidence through compulsory process from a foreign authorityin a criminal investigation, prosecution, or ancillary criminal matter. 

Any proposed contact with foreign officials, other than United States investigative agents, in a foreign country for the purpose of obtaining the extradition of a fugitive or evidence through compulsory process should first be discussed with OIA.

None of the above is intended to prevent prosecutors from:

  1.  having preliminary discussions with U.S. law enforcement representatives posted abroad concerning the obtaining of assistance,
  2. communications with agents of State Department’s Diplomatic Security Service concerning an investigation under their jurisdiction, or
  3. participating in standing international committees such as the U.S.-Canada Cross Border Committee.

[cited in JM 9-11.140] [updated April 2018]


9-13.510 - Obtaining Evidence Abroad—General Considerations

Every nation enacts laws to protect its sovereignty and can react adversely to American law enforcement efforts to gather evidence within its borders without authorization.  Such efforts can constitute a violation bank of america legal order processing contact that nation’s sovereignty or criminal law.  You should contact the Office of International Affairs, Criminal Division, as soon as you become aware that you may need evidence located in another country to determine methods for securing assistance from abroad and to select an appropriate one.

[updated June 2018]


9-13.512 - Intended Use of the Evidence

When a country bankamericard account login evidence pursuant to a request for legal assistance, such as an MLAT, letter rogatory, or letter of request, contact OIA before using or disclosing it for a purpose other than that specified in the legal assistance request. (Examples of such use or disclosure include Freedom of Information Act requests, or requests to use the evidence in a parallel civil or administrative proceeding.) OIA will work with the USAO to determine whether the evidence can be used for a different purpose without the express permission of the country that provided it and, if not, for guidance in securing such permission.

[updated April 2018]


9-13.514 - Time Required

Contact the Office of International Affairs as soon as it appears that assistance from overseas will be needed.

[updated January 2020]


9-13.516 - Cost of Obtaining Evidence

Be sure funds are available before making a costly request.

[updated January 2020]


9-13.525 - Subpoenas

U.S. law, in the form of mutual legal assistance treaties, requires that the United States attempt to obtain records using the mutual legal assistance process prior to resorting to unilateral compulsory measures.  Therefore, all Federal prosecutors must obtain written approval from the Criminal Divisionthrough the Office of International Affairs (OIA) before issuing any unilateral compulsory measureto persons or entities in the United States for records located abroad.

OIA must also be consulted prior to initiating enforcement proceedings relating to such process.  This includes situations where the prosecutor was unaware that the requested records were located abroad but is subsequently notified of that fact.

There are two clarifications to the above.   First, some entities have taken the position that they will voluntarily provide records even when those records may be located abroad.  In such cases, no prior consultation with OIA is required.

Second, prosecutors are not required to consult with OIA prior to seeking a search warrant pursuant to the Stored Communications Act to obtain records from a U.S.-based communications service provider, regardless of where those records may actually be located.  See 18 U.S.C. § 2713.  Prosecutors are strongly encouraged to consult with the Criminal Division’s Computer Crime and Intellectual Property Section if a service provider claims that the records called for by the warrant are not subject to U.S. jurisdiction.

The service of process in a foreign country of U.S. permanent residents and nationals pursuant to 28 U.S.C. §1783 can also implicate sovereignty issues and, when done unilaterally, can adversely affect law enforcement relationships. MLATs and other forms of legal assistance mechanisms address requests for service of process abroad. You should consult with OIA prior to issuing a 28 U.S.C. §1783 subpoena.

OIA approval must also be obtained prior to serving a subpoena ad testificandum on an officer of, or attorney for, a foreign bank or corporation who is temporarily in or passing through the United States when the testimony sought relates to the officer’s or attorney’s duties in connection with the operation of the bank or corporation.

The amended Rule 41(b)(6) does not authorize courts to issue warrants for the search of electronic information stored abroad. When conducted without consultation with foreign authorities, such searches may raise concerns, including adverse impacts upon the law enforcement and other relationships of the United States with foreign countries. The use of such searches can implicate foreign sovereignty and criminal law issues and may even lead to the filing of foreign criminal charges against the U.S. prosecutor or law enforcement agent involved in the search.  Before applying for a warrant under either subsection of Rule 41(b)(6), reasonable efforts shall be used to identify whether the computer to be searched is located inside or outside the United States. Where the location of the computer is uncertain, but possibly within the United States, judicial approval will assure that Constitutional requirements have been met. Any warrant should be limited to authorizing a search only in the United States. To the extent the location of the computer cannot be definitively determined to be in a judicial district of the United States, but it is reasonably possible that the location is in the United States, prosecutors should consider whether to limit their initial search to one which solely assists in the identification of the location of the computer. If there is reason to believe that the computer is in a specific foreign country, prosecutors should consult with the Office of International Affairs about appropriate coordination with foreign law enforcement partners as well as potential diplomatic and sovereignty issues before performing a remote search.

[cited in JM 9-13.520] [updated April 2018] 


9-13.526 - Forfeiture of Assets Located in Foreign Countries

  • Both international and domestic coordination are needed in matters relating to the forfeiture of assets located in foreign countries. Consequently, any attorney for the Federal government who plans to file a civil forfeiture action for assets located in another country pursuant to 28 U.S.C. § 1355(b)(2) is directed to notify the Office of International Affairs (OIA) of the Criminal Division before taking such action. Notification to OIA should be in writing and include the following information:  
  • a precise description of the assets subject to forfeiture;
  • identification of the foreign country in which the assets are located and specific information as to their exact location (e.g., city, bank, account number and/or name);
  • a brief description of the facts supporting the proposed forfeiture, particularly the acts or omissions occurring in the district requesting concurrence;
  • identification of any other known districts which might have a claim to seeking forfeiture of the same assets and/or which have charges pending against the defendant/owner of the assets in question; and
  • a description of any contact or communication already undertaken by the pertinent government attorney or U.S. law enforcement agents with the U.S. Embassy home remedies for kitten hemorrhoids the foreign country involved or with any officials or law enforcement authorities of that country concerning the assets, their potential forfeitability, or the offenses or criminal case underlying the proposed forfeiture.

Within ten days of receipt of such notification, OIA, in consultation with the Money Laundering and Asset Recovery Section, Criminal Division, will review the notification information, consult with foreign and U.S. authorities as appropriate to the facts and circumstances of the specific proposal, and communicate its findings to the attorney for the Federal government who submitted the notification.

Attorneys for the Federal government are also directed to coordinate with OIA in order to present to a foreign government, for enforcement or recognition, any civil or criminal forfeiture order entered in the United States for property located within the foreign jurisdiction.

In cases where it appears that the property in question is likely to be removed, destroyed, or dissipated so as to defeat the possibility of the forfeiture under U.S. law, the attorney for the Federal government may request OIA to seek the assistance of the authorities of the foreign government where the property is located to seize, restrain, or take other action necessary and appropriate to preserve the property for forfeiture.

[cited in JM 9-119.010] [updated April 2018]


9-13.530 - Special Considerations—Translations

In every case requiring a translation of the legal assistance request, prosecutors must reach a clear understanding with the Office of International Affairs (OIA) about who will secure the translation. Generally, the U.S. Attorney’s Office seeking assistance must pay for the translation.  See JM 9-13.550.

[updated April 2018]


9-13.534 - Foreign Travel by Prosecutors

Foreign travel by USAO personnel must be authorized in advance by the Executive Office for 1st community bank aledo il States Attorneys (EOUSA) .  See JM 3-8.730.  Foreign travel involving Departmental attorneys must be approved by their component. 

All AUSAs and Department attorneys traveling overseas in connection with a criminal matter must also obtain approval from the Criminal Division’s Office of International Affairs (OIA).

All AUSAs and Department attorneys traveling overseas in connection with international criminal justice sector capacity building and assistance efforts funded through the Departments of State and Defense, including prosecutorial, law enforcement, and judicial workshops and symposia and assistance efforts, shall notify the Criminal Division’s Office of Overseas Prosecutorial Development, Assistance and Training (OPDAT) for travel concurrence.   For activities requiring notification to OPDAT that are solely related to assistance to foreign law enforcement offices, OPDAT will coordinate with the Criminal Division’s International Criminal Investigative Training Assistance Program (ICITAP) regarding travel concurrence.

Travelers should contact EOUSA, OIA, and/or OPDAT, as appropriate, well in advance of their intended departure date because foreign clearances take time.

[updated April 2018] 


9-13.535 - Depositions

If an essential witness is abroad and is not subject to a subpoena (e.g., is a U.S. person unwilling to come to the United States to testify or is not a U.S. person), the prosecutor may attempt to proceed by means of a deposition. See Fed. R. Crim. P. 15 chase credit card southwest sign in 18 U.S.C. § 3503. Prosecutors must consult with OIA about arranging a deposition overseas. 

[updated April 2018]


9-13.540 - Assisting Foreign Authorities

All incoming foreign assistance requests requiring judicial action or compulsory process, whether such requests are made pursuant to treaties, letters rogatory, letters of request, or requests made through other channels, should be submitted directly to OIA to evaluate and, where appropriate, to authorize execution pursuant to 18 U.S.C. § 3512.  Should a foreign authority or an agent deliver such a request directly to a federal prosecutor, the prosecutor should forward it immediately to OIA. The prosecutor may not institute legal process in aid of the request or letter rogatory absent statutory authorization under 18 U.S.C. § 3512 from OIA.  With respect to requests not involving the use of compulsory process, prosecutors are strongly encouraged to contact OIA prior to responding to the request whenever such request appears to raise issues relating to foreign policy or involve sensitive diplomat considerations.

Contacting OIA will avoid situations in which USAOs, acting with good intentions to help foreign colleagues, implement their own procedures and, inadvertently, take actions contrary to U.S. law or Department policy.  For example, requests involving political offenses, implicating national interests, or submitted by uncooperative countries or countries with which U.S. cooperation is on hold, require close coordination with OIA.

(These restrictions do not apply when a foreign law enforcement authority provides information to U.S. authorities, a Department component opens its own investigation based on that information, and U.S. authorities share information generated from their own investigation, including information obtained via compulsory process such as a search warrant, with those foreign law enforcement authorities.)

Costs of executing foreign requests (including court reporter’s fees) are generally the responsibility of the country making the request unless an applicable treaty requires the United States to pay; in that event, the United States Attorney’s Office pays the costs.  See JM 9-13.550.

[updated June 2018] 


9-13.550 Costs Relating to International Legal Assistance

In general, translation costs associated with the obtaining of evidence from abroad are borne by the requesting USAO or state prosecutor’s office.  Translation costs associated with a foreign government’s request for mutual legal assistance are generally borne by the foreign government.  Prosecutors should contact OIA for additional information in specific cases.

[new April 2018]


9-13.700 - Applications for Protective Orders Pursuant to 18 U.S.C. § 2705(b)

The Stored Communications Act (SCA) permits the government to obtain certain records and information from providers of electronic communications services or remote computing services relating to their customers or subscribers.  Under the SCA, the government may compel the disclosure of different categories of information via subpoena, a court order under 18 U.S.C. § 2703(d), or a search warrant.  The SCA does not by default forbid a provider from notifying anyone.  Providers will be prohibited from voluntarily notifying their users of the receipt of legal process under the SCA only if the government obtains a protective order under 18 U.S.C. § 2705(b), based on a need for protection from disclosure. 

Each § 2705(b) order should have an appropriate factual basis and each order should extend only as long as necessary to satisfy the government’s interest.  Prosecutors who are applying for § 2705(b) orders must follow the steps outlined below:

  1. Prosecutors must conduct an individualized and meaningful assessment regarding the need for protection from disclosure prior to seeking a § 2705(b) order and only seek an order when circumstances require. 
  2. In applying for a § 2705(b) order, prosecutors should tailor the application to include the available facts of the specific case and/or concerns attendant to the particular type of investigation.    The prosecutor should identify which of the factors set forth in § 2705(b)(1)–(5) apply and explain why.  For example, prosecutors might choose to include information about the relationship of the data sought to the subject(s) of the investigation or describe the potential for related accounts or data to be destroyed or otherwise made inaccessible to investigators.  Similarly, prosecutors may identify concerns attendant to the risk of flight or harm to public safety in that particular investigation, including those concerns based on experience with similar types of investigations.  The factors justifying protection from disclosure may be similar in many cases, particularly at the outset of an investigation.  As appropriate, prosecutors may state the extent to which the stage of the investigation limits the availability of specific facts justifying the § 2705(b) order.

    When applying for a § 2705(b) order to accompany a subpoena seeking basic subscriber information in an ongoing investigation that is not public or known to the subject(s) of the investigation, stating the reasons for protection from disclosure under § smith and wesson m&p 9mm full size as the risk that subject(s) will flee, destroy or tamper with evidence, change patterns of behavior, or notify confederates—usually will suffice.  At a later stage of the investigation, for example, when a search warrant is being sought, the prosecutor should include more specific facts, as available, in support of the protective order.
  3. Prosecutors may seek a single protective order that covers multiple grand jury subpoenas issued as part of the same investigation, or a single protective order that covers other sets of nearly-identical legal process in a discrete investigation.  A single protective order for multiple items of process should be sought only if the facts justifying protection from disclosure are the same for all items of process covered by the order.  Prosecutors should ensure that a copy of the protective order is served with each item of process amazon flex support amazon by the order.
  4. Barring exceptional circumstances, prosecutors filing § 2705(b) applications may only seek to delay notice for one year or less.  There may be exceptional circumstances in which orders of longer duration are necessary, such as in certain national security investigations that materially differ from routine criminal investigations.  Orders seeking to delay notice beyond one year shall be sought only with the written concurrence of a supervisor designated by the United States Attorney or the appropriate Assistant Attorney General, based upon facts and concerns that support a longer delay (e.g., the suspect is an overseas fugitive who may travel internationally at some future time, if not alerted to the investigation).
  5. The Department recognizes that judges may direct shorter or longer periods for orders, consistent with the language of § 2705(b).
  6. If factors justifying protection from disclosure continue to exist at the expiration of the original order, subsequent extensions of equal or less duration may be sought.  Requests should be supported with such additional, specific facts as may have been developed through the investigation.

This policy does not impact or alter existing procedures governing protective orders pursuant to any other authority, including 18 U.S.C. § 2709(c) or the Termination Procedures republic bank and trust louisville National Security Letter Nondisclosure Requirement, Federal Bureau of Investigation (Nov. 24, 2015).  Questions related to the interpretation or recommended implementation of this guidance should contact the Computer Crime and Intellectual Property Section of the Criminal Division. 

[added December 2017]


9-13.800 - Access to and Disclosure of Financial Records

The Right to Financial Privacy Act of 1978, 12 U.S.C. § 3401 et seq., governs federal agencies' access to and disclosure of all "financial records" of any "customer" from a "financial institution." This statute sets forth a complex set of procedures which United States Attorneys (along with other federal officials) must follow in obtaining the records covered by the Act. These procedures must be followed by law enforcement officials if they are to obtain records needed in an investigation without alerting the target(s) of that investigation.

For additional information, contact the Policy and Statutory Enforcement Unit of the Office of Enforcement Operations.

[updated January 2020] [cited in JM 9-11.141; JM 9-11.142]


9-13.900 - Access to and Disclosures of Tax Returns in a Non-tax Criminal Case

Title 26 U.S.C. § 6103 prohibits disclosure of tax returns and tax return information except as specifically provided in  § 6103, or other sections of the Code. Among the disclosures authorized are those in 26 U.S.C. § 6103(i) concerning access to returns and return information by certain Department of Justice personnel for use in the investigation and prosecution of federal criminal statutory violations and related civil forfeitures not involving tax administration.

Applications for the ex parte order authorized by this paragraph may be authorized by: the Attorney General, the Deputy Attorney General, the Associate Attorney General, any Assistant Attorney General, a United States Attorney, any special prosecutor appointed under 28 U.S.C. § 593, or any attorney in charge of a Criminal Division organized crime strike force established pursuant to 28 U.S.C. § 510. It is anticipated that most applications will be authorized by United States Attorneys or Strike Force Chiefs.

It is the Department's policy that an Ex Parte Application For Returns and Return Information be filed under seal. Prosecutors should file the motion to seal simultaneously with the Application. The motion should request the court to seal the application and its order granting or denying the application. United States Attorneys should notify Internal Revenue Service whenever a motion to seal is granted, and whenever the records are subsequently unsealed.

[updated January 2020]

Updated January 11, 2021

Источник: https://www.justice.gov/jm/jm-9-13000-obtaining-evidence

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Contact

Investing in securities involves risks, and there is always the potential of losing money when you invest in securities.

This material does not take into account your particular investment objectives, financial situations or needs and is not intended as a recommendation, offer or solicitation for the purchase or sale of any security, financial instrument, or strategy. Before acting on any information in this material, you should consider whether it is suitable for your particular circumstances and, if necessary, seek professional advice. Any opinions expressed herein are given in good faith, are subject to change without notice, and are only correct as of the stated date of their issue.

Content contained herein may have been produced by an outside party that is not affiliated with Bank of America or any of its affiliates (Bank of America). Opinions or ideas expressed are not necessarily those of Bank of America nor do they reflect their views or endorsement. These materials are for informational purposes only. Bank of America does not assume liability for any loss or damage resulting from anyone's reliance on the information provided. Certain links may direct you away from Bank of America to an unaffiliated site. Bank of America has not been involved in the preparation of the content supplied at the unaffiliated sites and does not guarantee or assume any responsibility for its content. When you visit these sites, you are agreeing to all of first state bank and trust basehor kansas terms of use, including their privacy and security policies.

Merrill Lynch, Pierce, Fenner & Smith Incorporated (also referred to as “MLPF&S” or “Merrill”) makes available certain investment products sponsored, managed, distributed or provided by companies that are affiliates of Bank of America Corporation (“BofA Corp.”). MLPF&S is a registered broker-dealer, registered investment adviser, Member SIPC and a wholly owned subsidiary of BofA Corp.

Trust and fiduciary services are provided by Bank of America Private Bank, a division of Bank of America, N.A., Member FDIC, and a wholly-owned subsidiary of Bank of America Corporation (“BofA Corp.”). Insurance and annuity products are offered through Merrill Lynch Life Agency Inc. (“MLLA”), a licensed insurance agency and wholly-owned subsidiary of BofA Corp.

Investment products offered through MLPF&S and insurance and annuity products offered through MLLA:

Are Not FDIC InsuredAre Not Bank GuaranteedMay Lose Value
Are Not DepositsAre Not Insured by Any Governmental AgencyAre Not a Condition to Any Banking Service or Activity



"Bank of America" is the marketing name for the global banking and global markets business of Bank of America Corporation. Lending, derivatives, and other commercial banking activities are performed globally by banking affiliates of Bank of America Corporation, including Bank of America, N.A., Member FDIC. Securities, strategic advisory, and other investment banking activities are performed globally by investment banking affiliates of Bank of America Corporation ("Investment Banking Affiliates"), including, in the United States, BofA Securities, Inc., Merrill Lynch, Pierce, Fenner & Smith Incorporated, and Merrill Lynch Professional Clearing Corp., all of which are registered broker-dealers and Members of SIPC, and, in other jurisdictions, by locally registered entities. BofA Securities, Inc., Merrill Lynch, Pierce, Fenner & Smith Incorporated and Merrill Lynch Professional Clearing Corp. are registered as futures bank of america legal order processing contact merchants with the CFTC and are members of the NFA.

Company goals are aspirational and not guarantees or promises that all goals will be met. Statistics and metrics included in our ESG documents are estimates and may be based on assumptions or developing standards.

Источник: https://investor.bankofamerica.com

Estate Services

Why do I need to provide Bank of America with a copy of the death certificate?

The death certificate gives us the information needed to verify the identity and legal residence of our customer.

Can I send Bank of America a photocopy of the death certificate?

You may send a legible photocopy; however, depending on the circumstances, we may require a certified copy.

Where do I get the death certificate?

A certified copy of the death certificate is generally available from the funeral director who handled the deceased's funeral arrangements, or from the Registry of Births, Deaths and Marriages in the applicable state, county, parish or territory.

It's a good idea to obtain multiple certified copies of the death certificate; you're likely to be asked for one by various institutions as you go about settling the deceased's affairs. The complexity of the estate and the number of institutions with which the deceased conducted business will help you determine the number of copies you need.

How should I deliver the death certificate to Bank of America?

You can schedule an appointmentschedule an appointmentschedule an appointment at a financial center near you and bring the death certificate in person.

You may also scan a copy of the death certificate, save it to PDF format and email it to estateservicing@bofa.comestateservicing@bofa.comestateservicing@bofa.com along with a contact number where you can be called and the best time of day to reach you. One of our Estate Servicing representatives will be in touch with you. (In addition to PDF files, we also accept documents in the following formats: BMP, DOC, DOCX, JPEG, JPG, PNG, and TIFF; please note that we do not accept GIF or HEIF files).

Please remember: Don't include account numbers or Social Security numbers for security reasons. Neither Bank of America Corporation nor any of its affiliates will ever ask you for your Social Security number, account information, passwords or PINs.

You may also fax the death certificate to 866-694-9046 or mail it to:
Bank of America
Estate Servicing Operations
PO Box 31655
Tampa, Florida 33631

What other documents might Bank of America ask for?

It depends on your specific circumstances. The laws of the state of residence of the deceased provide state-specific rules for requesting and transferring the deceased customer's funds, which may impose additional requirements. We'll work with you on what may be required specific to your needs.

For formal probate we may request court-issued letters testamentary or letters of administration appointing an executor or administrator. These documents are issued by the court when formal probate of an estate is required under applicable state law. Either of these documents serves to confirm the identity of the deceased account holder and party/parties who have authority to handle the estate. To obtain these documents, please consult your personal legal counsel.

For small estates we may request a properly executed small estate affidavit or court order, in accordance with state laws. This document may be used to disperse a deceased customer's account when formal probate is not required under state law. The requirements and availability of this process vary from state to state. To obtain these documents, please consult your personal legal counsel

What is probate?

Probate is the process of gathering a decedent's assets, paying the creditors and any taxes owed and then distributing the remainder according to the will (testate distribution) or state law (interstate distribution), as applicable.

What is the difference between a beneficiary and a fiduciary?

A beneficiary is the person or persons who receive the assets of an estate after all debts are satisfied. Also, a person named in an informal trust as In Trust For (ITF) or Payable on Death (POD) beneficiary on bank records. A fiduciary is a person who has been entrusted with the responsibility to manage the assets or rights of another person. A fiduciary may also be referred to as a guardian, conservator, executor, administrator, trustee, representative payee, custodian or, in some cases, an attorney-in-fact (agent).

What is the difference between an administrator and an executor (or executrix)?

An administrator is the person or corporation appointed by a court to settle the estate of a deceased person if no valid will can be found or if there is a will and the named fiduciary does not serve. An executor or executrix is the person or corporation appointed by a will to settle the estate of a deceased person and approved by the court to serve as such.

How are accounts transferred after an account owner dies?

This can vary based on the specific type of account ownership. For example, for individually owned accounts, the applicable transfer process (formal probate, small estate process) generally determines when an account will be closed. The person authorized to handle the estate will need to present the state-specific documents establishing their authority.

Our Resources and Information guideResources and Information guideResources and Information guide (PDF, requires Adobe Reader layerAdobe Reader layerAdobe Reader layer) provides additional details about account ownerships, including individually owned accounts, joint accounts, trusts and POD (payable on death) accounts.

How long will it take for funds to be released?

As the specifics of each account are different, the time it may take to settle an account will also vary. In general, we begin to process a request as soon as we receive the necessary documents.

Are there other bank-related products or services that may require attention?

Yes, some possibilities to consider include:

  • Online Banking IDs and scheduled bill payments
  • Direct deposits
  • Debits, loan payments and scheduled Automated Clearing House (ACH) or PayPlan payments (used to pay, for example, a mortgage, an auto or boat loan or a student loan)
  • Credit card payments and rewards
  • Investment and retirement accounts
  • Insurance products
  • Safe deposit box accounts

Can Bank of America credit card rewards be redeemed after the cardholder dies?

If the credit card account is closed in connection with a death or incapacity of the card account owner, rewards eligible for redemption may be redeemed if an authorized representative of the estate requests rewards redemption. The following redemption provisions will only apply if Bank of America administers the rewards program and do not apply to jointly held accounts where there is at least one surviving owner of an account.

To redeem rewards on a credit card rewards program administered by Bank of America:

  • The authorized representative of the estate, as determined by us, must request rewards redemption. If the account is not paid in full at chase bank amarillo jobs time of the request, the authorized representative of the estate must indicate the remaining account balance will be paid in full, and redemption will not occur until such payment is made
  • Redemption and payment of any remaining account balance must occur within 57 days of account closure
  • Rewards will be redeemed in the name of the deceased primary cardholder. If mailed, rewards will be sent to the address we have on file for the deceased primary cardholder.

Redemption eligibility depends on the final status of the account(s), is subject to the account being paid in full and is in our sole discretion. If there is any outstanding balance on the account(s), please be advised that we are not attempting to collect this debt from the authorized estate representative individually; instead, we are seeking payment from the assets of the decedent's estate.

What other agencies might I need to contact in order to help settle the financial affairs of someone who's died?

Agencies you may need to contact include:

Social Security Administration layerSocial Security Administration layerSocial Security Administration layer
800-772-1213

U.S. Department of Veterans Affairs layerU.S. Department of Veterans Affairs layerU.S. Department of Veterans Affairs layer
800-827-1000

National Cemetery Administration layerNational Cemetery Administration layerNational Cemetery Administration layer
800-827-1000

Office of Personnel Management layerOffice of Personnel Management layerOffice of Personnel Management layer
202-606-1800

Источник: https://www.bankofamerica.com/signature-services/estate-services/

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1. General Description of Bank of America Online Banking Service Agreement (this "Agreement")

A. What This Agreement Covers

This Agreement is between each owner of an eligible account, a person applying for an eligible account, or authorized representative appointed or entitled to online access on another person’s behalf (“you” or “your”) and Bank of America, N.A. (Bank of America).  This Agreement governs your use of any online or mobile banking services maintained by Bank of America and accessible through bankofamerica.com using a personal computer or a mobile device, including a smartphone, tablet, or any other eligible handheld or wearable communication device (the “Service(s)”).

Under the terms of this Agreement, you may use the Services to obtain financial products and services, access and view account information, and, for certain accounts, move money electronically and perform authorized transactions, for eligible U.S.-based Bank of America consumer and small business accounts and affiliate accounts linked to the Service, such as those at Merrill Lynch, Pierce, Fenner & Smith Incorporated ("Merrill").

When used in the Agreement, the term “small business” includes sole proprietors, non-consumer business entities, and individual owners of the business, unless the context indicates otherwise. If bank of america atm check deposit maximum are a small business customer, additional or different terms and conditions applicable to the Services, as well as additional Services available exclusively to small turbo debit card not working customers, are included in the Business Services Addendum, which is a part of this Agreement.

When you first set up your Online/Mobile ID, we will link all of your eligible Bank of America and affiliate accounts, including joint accounts. If you open an additional eligible account at a later date, we will link your new account to the Service, unless you tell us not to do so. Unless indicated otherwise by the context, "linked Bank of America accounts" or "linked accounts" refers to all of your accounts with Bank of America and its affiliates that are linked to the Service.

When your Service is linked to one or more joint accounts, we may act on the verbal, written or electronic instructions of any authorized signer.

Please note that some of the Services may not be available when using certain digital devices or applications. For example, some functions may be available online through a personal computer but not available through our mobile app.

B. Accepting the Agreement


When you apply for, enroll in, activate, download or use any of the Services described in this Agreement or authorize others to do so on your behalf, you are contracting for all Services described in the Agreement and agree to be bound by the terms and conditions of the entire Agreement, as well as any terms and instructions that appear on a screen when enrolling in, activating or accessing the Services.

C. Relation to Other Agreements

Your use of the Services may also be affected by your Deposit Agreement and Disclosures, including the applicable schedule of fees (“Deposit Agreement”), or other agreement with us for your linked Bank of America accounts and/or an agreement with our affiliates for your affiliate accounts linked to the Service, including your investment accounts at Merrill. When an account is linked to the Services, it does not change the agreements you already have with us or our affiliates for that account and you are still subject to the terms and conditions we gave you in the agreement and disclosure i pray for you in french the linked account. The terms and conditions for those account agreements, including any applicable fees, transaction limitations, liability rules and other restrictions that might impact your use of an account with the Services, are incorporated into this Agreement.  In the event of a conflict between the terms of those account agreements and this Agreement, the terms of the applicable account agreement will prevail unless this Agreement specifically states otherwise.

If you use the Services to move money between your investment accounts governed by the Merrill Lynch Brokerage Website Terms and Conditions, which you agreed to when you can i get cash back with my paypal card a Merrill online customer, that agreement, and not this Agreement will apply to your transaction.

2. Internal Transfer Services and Payments to Your Bank of America Loan Accounts From An External Account

A. Transfers Between Your Accounts

You may use the Service to transfer funds between your linked Bank of America and Merrill accounts without a fee on either a one-time or recurring basis, including as a payment to a linked installment loan, credit card or mortgage.

Transfer From

Transfer To

$ Limit1

Cut-off Time

(all eastern PM)

Your Checking/Savings account

Your Checking/Savings account

$9,999,999.99

10:452

Your Checking/Savings account

Your Investment account

$9,999,999.99

4:45

Your Investment account 

Your Checking/Savings or Loan account

$100,000.00 per calendar day

$250,000 per week

4:452,3

Your Checking/Savings account

Your Loan Account

$9,999,999.99

10:453

Your Credit Card/ Business Line of Credit/HELOC

Your Checking/Savings or Loan Account

$9,999,999.99

10:452,3

There are no receiving limits for Internal Transfers between your own accounts.

1/ Higher limits may apply jennifer holliday dreamgirls Bank of America Private Bank, Merrill or small business accounts.

2/ Transfers to a Bank of America checking or savings account made after the applicable cut-off time indicated above but before 11:59 p.m. on a business day in the State where your checking or savings account was opened, will be posted as of the next business day in your transaction history, but will be included in the balance we use to pay transactions that night. This process may impact when fees apply to your account.

3/ Funds transferred as a payment to an eligible credit card, business line of credit, home equity line of credit during draw period (“HELOC”), installment loan or mortgage (together “Loan Accounts”) after the applicable cut-off time indicated above but before 11:59 p.m. ET will be credited with the date the payment is submitted. New movies on amazon may take up to 2 business days for these updates to be reflected in your account balances, funds availability, and transaction posting.

  • One-time transfers may be made at any time and are immediately debited from a checking or savings account's available balance or a credit account’s available credit.
  • Future dated or recurring transfers scheduled for a weekend or a non-business day will be debited from the funding account on the prior business day. All other scheduled and recurring transfers will be debited from the funding account at the beginning of the business day requested.
  • Future scheduled and recurring transfers can be canceled prior to midnight ET on the business day prior to the date the transfer is scheduled to be made. A one-time immediate transfer cannot be canceled after it has been submitted.
  • The best way to cancel a future scheduled or recurring transfer is to follow the instructions on our website. The cancel feature is found in the Transfer Activity or Recurring Transfers sections. You may also request to cancel a future scheduled or recurring transfer by calling us at 800.432.1000 for consumer accounts and 866.758.5972 for small business accounts. If you are calling from outside of the continental U.S., call us collect at 925.681.7600.

B. Transfers to Someone Else Using Their Account Number

You may use the Service to make one-time transfers from a linked Bank of America checking, savings, money market or line of credit account to most checking, savings or money market accounts of other Bank of America customers using their account number.

Transfer From

Transfer To

$ Limit1

Cut-off Time

(all eastern PM)

Your Checking/Savings account

Checking/Savings account of Someone Else

$3,500 per 24 hours

$10,000 per week

10:45

1/  You may be eligible for higher limits if you add Secured Transfer to receive a one-time passcode on your mobile device or register a USB security key. Higher limits may also apply for Bank of America Private Bank, Merrill or small business accounts.

One time transfers may be made at any time and are immediately debited from a checking or savings account's available balance.  A one-time transfer cannot be cancelled after it has been submitted.

You may receive transfers from other Bank of America customers in the aggregate of $999,999.00 per week. 

Internal Transfer send limits for both Sections 2.A and 2.B are set at the customer profile (Online ID) and apply to all accounts visible in the “From” dropdown when initiating an Internal Transfer.  If you are a small business customer and are not receiving the small business limits, make sure you are signed in with your small business Online ID.

C. Payments to Your Bank of America Loan Accounts From An External Account

  • You may use the Service to make payments on your Bank of America mortgage, HELOC, charged off credit card accounts and other eligible loan accounts without a fee, on either a one-time or recurring basis, from your consumer asset account maintained at another financial institution that you have added to Transfers. For payments from your linked Bank of America accounts, see Section 2.A above.

  • Payments to your mortgage or HELOC loan accounts from your consumer asset account maintained at another financial institution can be for any amount up to $99,999.99 with escrow payments limited to $5,000.00.

  • Payments to your charged off credit card accounts from your consumer asset account maintained at another financial institution can be for any amount up to $249,999.99.

  • You certify that any account you add to Transfers is an account from which you are authorized to make payments, and any payment you make using Transfers will debit an account that you are legally authorized to use. When you add an account maintained at another financial institution, you do not change the agreements you have with that financial institution for that account. Please review those agreements for any applicable fees, limitations on the number of transactions you can make, and for other restrictions that might limit your use of the account with Transfers.

  • Payments to your loan accounts initiated before 11:59 p.m. ET will be applied on the same day. Payments entered after this cut-off will be scheduled and processed on the next calendar day. Updates to account balances, funds availability, and transaction posting may take up to 2 business days.

  • If the financial institution upon which your payment is drawn rejects, refuses, or returns the payment, the payment to your Bank of America loan account will be reversed and you may incur late payment or other fees. The institution holding your deposit account may impose a returned item or other fee.

  • Future scheduled and recurring payments to your loan accounts from your account at another financial institution can be canceled prior to midnight ET on the calendar day prior to the date the transfer is scheduled to be made. A one-time immediate transfer cannot be canceled after it has been submitted.

  • The best way to cancel a future scheduled or recurring transfer is to follow the instructions on our website. The cancel feature is found in the Transfer Activity. You may also request to cancel a future scheduled or recurring transfer by calling us at 800.432.1000 for consumer accounts and 866.758.5972 for small business accounts. If you are calling from outside of the continental U.S., call us collect at 925.681.7600.

3. Bill Payment Services

This section is not applicable to small business customers participating in the Payments and Invoicing Service described in section 8.0 of the Business Services Addendum, which is a part of this Agreement.  You may only be eligible to enroll in one service.  Bank of America makes no representations or warranties as to whether a bill payment program that you are eligible to enroll in is appropriate for a particular business.  You are currituck county permits responsible for determining whether a service that is made available to you is suitable for your business, considering various factors including, but not limited to, payment processing timeframes, timing for delivery of payments, fees, and limits included in the different plans.

A. Bill Pay for Checking, Money Market and Home Equity Line of Credit Accounts

Bank of America customers may use Bill Pay to make payments to companies or individuals (“Payees”) in the following manner:

  • Payments can be scheduled from linked checking, money market savings, and HELOC accounts during the draw period. Note that you may not link HELOC accounts opened in Texas.

  • Payments can be scheduled from a checking, money market savings or other consumer asset account maintained at another financial institution that you have added to Bill Pay. You certify that any account you add to Bill Pay is an account from which you are authorized to make payments, and any payment you make using Bill Pay will debit an account that you are legally authorized to use. When you add an account maintained at another financial institution, you do not change the agreements you have with that financial institution for that account. Please review those agreements for any applicable fees, limitations on the number of transactions you can make, and for other restrictions that might limit your use of the account with Bill Pay.

  • Payments can be entered as a one-time transaction up to a year in advance, recurring transactions or as payments that are automatically scheduled upon the receipt of an electronic bill (e-Bill).

  • Future scheduled or recurring payments that fall on a weekend or a non-business day will be processed on the prior business day.

  • You authorize us to make payments in the manner we select from the following methods:
    • Electronic transmission. Most payments are made by electronic transmission.
    • Corporate check – This is a check drawn on our account or the account of our vendor. If a Payee on a corporate check fails to negotiate the check within ninety (90) days, we will stop payment on the check and re-credit your account for the amount of the payment. If a corporate check is returned to you prior to the end of the ninety (90) day period, please inform us immediately so that we can stop payment on the check and re-credit your account.
    • Personal check – This is a check drawn on your account when it is presented for payment.

  • All payments under Bill Pay that are sent care of APO/FPO or similar addresses will be sent by corporate or personal check. Because all such payments will be made by check, they will not be Remittance Transfers (as defined in section 5.F. of this Agreement).

  • Any obligations that you wish to pay through Bill Pay must be payable in U.S. dollars to a Payee located in the United States. We reserve the right to restrict categories of Payees to whom payments may be made using the Service. We recommend that you not use the Service to make:
    • Tax payments
    • Court-ordered payments
    • Payments to settle securities transactions

  • Scheduling Bill Payments
    • The scheduled delivery date is the date you enter for the payment to be delivered to the Payee. For payments made by electronic transmission or corporate check, the payment amount will be debited from the account that you designate on the scheduled delivery date. For payments made by personal check, the account you designate will be debited when the check is presented to us for payment which may occur before, on or after the scheduled delivery date.
    • Payments (other than payments to a Bank of America Payee) initiated before 5:00 p.m. ET on a business day will be scheduled and begin processing on the same business day. Payments that are entered after this cut-off time or on a day that is a non-business day will be scheduled and processed the next bank business day.
    • For payments to a Bank of America Payee, such as a vehicle loan, HELOC or mortgage, Bank of America will process and credit the payment to the account effective the same business day, provided the payment is scheduled prior to the 5:00 p.m. ET cut-off. It may take up to 2 business days for these updates to be reflected in your account balances, funds availability, and transaction posting.
    • For payments to Bank of America credit card and business line of credit accounts, Bank of America will process and credit the payment to the account effective the same day, provided the payment is scheduled prior to the 11:59 p.m. ET cut-off. It may take up to 2 business days for these updates to be reflected in your account balances, funds availability, and transaction posting.

  • Bill Discovery Service. At your option, we may offer you the opportunity to add Payees from our service provider’s network or, with your consent, to access your credit report to help you identify Payees which you would like to add to how to open a bank account at wells fargo service.  Information from these sources may make it easier for you to make payments or add relevant e-bills to your Service. 

When you attempt to schedule a payment, we will inform you of the earliest available delivery date. To assure timely payment and obtain the full benefit of the Online Banking Guarantee described below, you must schedule payments, and your account must be in good standing and have sufficient available funds in the designated deposit account to cover the payment, at least five (5) bank business days before the payment due date, NOT the date after which late payment fees may be assessed.

If an account does not have sufficient available funds on the scheduled date, we may elect not to initiate one or more of the transfers. If we do elect to initiate the transfer, which may involve one or more attempts on subsequent business days, it may cause an overdraft in your account in which case you shall be fully responsible for the overdraft and any Overdraft Item Fees, as set forth in your Deposit Agreement, as well as all late fees, interest charges or other action taken by the Payee. If an account has sufficient funds on the scheduled date and we initiate the transfer but the account does not have sufficient funds when the payment posts to your account, you may incur an insufficient funds fee, as set forth in your Deposit Agreement, as well as all late fees, interest charges or other action taken by the Payee.

Under our Online Banking Guarantee, if we fail to process a payment in accordance with your properly completed instructions, we will reimburse you for any late payment fees. As indicated above, some payments may be made by a personal check. Since we can't predict the exact date that a personal check will be presented to us for payment, please make sure you have sufficient funds in your account beginning a few days before your scheduled delivery date and keep such funds available until the payment is deducted from your account.

Bill Pay payments sent via corporate or personal check with different Bank of america legal order processing contact names may be combined in one envelope if those payments have the same mailing address, and your intended Payee has not registered their full/unique mailing address with the USPS, including their secondary address designation, e.g., Suite, Room, Floor, Dept., Building, or Unit. If we need to, we’ll change or reformat your Payee account number to match the account number or format required by your Payee for electronic payment processing and eBill activation.

B. Bill Pay for Credit Card, Business Line of Credit or Vehicle Loan (automotive, recreational vehicle, boat or aircraft) Only Customers

Bank of America credit card, business line of credit or vehicle loan account only americas best value inn beaumont tx may use Bill Pay in the following manner:

  • Payments to your Bank of America credit card up to $249,999.99, your business line of credit or vehicle loan account can be scheduled from a checking, money market savings or other consumer asset account maintained at another financial institution that you have added to Bill Pay.

  • Payments can be entered as a one-time transaction up to a year in advance, or as payments that are automatically scheduled upon the receipt of an e-Bill.

  • Payments to your credit card or business line of credit account initiated before 11:59 p.m. ET will be applied on the same day. Payments entered after this cut-off will be scheduled and processed on the next calendar day.

  • Payments to your vehicle loan account initiated before 5 p.m. ET on a business day will be applied on the same day. Payments entered after this cut-off will be scheduled and processed on the next business day.

  • If the financial institution upon which your payment is drawn, including Bank of America, rejects, refuses, or returns the payment, the payment to your Bank of America credit card, business line of credit or vehicle loan will be reversed and you may incur late payment or other fees. The institution holding your deposit account, including Bank of America, may impose a returned item or other fee.

C. E-Bills

E-Bills is a feature of the Bill Pay Service that enables you to receive bills electronically from participating Payees

  • Approval of e-Bills
    Participating Payees establish their own criteria for reviewing requests to receive e-Bills and have sole discretion to accept or decline your request.
  • Accessing e-Bills from a Third Party
    In some cases we obtain the e-Bill from the web site of the Payee. To do so, we will ask you for information needed for this purpose, such as any required password. When you provide this information, you authorize us to access the third party web site to retrieve the account information on your behalf, and you appoint us your agent for this limited purpose.
  • Timely Delivery of e-Bills.
    We take no responsibility if a Payee does not provide the necessary data to forward an e-Bill in a timely manner. If you do not receive an e-Bill, it is your responsibility to contact the Payee directly. We are not responsible for any late charges or other adverse consequences. Any questions regarding your e-Bill details should be directed to your Payee.

  • Stop e-Bills
    You or we can cancel the e-Bill service, or a particular e-Bill at any time. If you request that a particular e-Bill be discontinued, we require seven (7) business days for the Payee to receive and process the request.  If an e-Bill from a Bank of America Payee is canceled, any e-Bills previously delivered but not paid will be removed from your list of payable e-Bills.
  • Privacy
    When you request e-Bills from a participating Payee you may be asked to provide certain information that will be forwarded to the Payee to complete your enrollment. When you provide this information, you authorize us to share it with the Payee.
  • Introductory e-Bill Opportunity
    You understand and agree that selected Payees may provide e-Bills to you through Bill Pay for up to three months in order to introduce you to the convenience of Bill Pay.  We will notify you in advance of such introductory opportunities.  Bank of America does not have access to and does not store detailed billing information contained in the e-Bill. Only you will have access to the detailed bill information. If at any time you choose not to participate in this introductory e-Bill opportunity, you have the following options:

    • You can discontinue a specific e-Bill by signing into Bill Pay and selecting “cancel the e-Bill trial.”

    • To be removed from all future e-Bill trial enrollments, please e-mail customer care at optoutebill@customercenter.net from the email address that you use for the Service.

    • If you wish to continue to receive the e-Bills after the introductory period, please follow the instructions at the e-Bills page of Bill Pay.

D. Limits

Bill payments from your Bank of America account can be for any amount up to $99,999.99. Please note, however, that some Payees may place limits on the amount they will accept via electronic transmission. When the limit is exceeded, the payment will be remitted by check.

E. Canceling Bill Payments

  • In order to cancel a bill payment (including a payment you scheduled from an account maintained at another financial institution), follow the directions provided in Bill Pay. The cancel feature is found in the Payment History or Recurring Payments sections. You may also request to cancel a future scheduled or recurring transfer by calling us at 800.432.1000 for consumer accounts and 866.758.5972 for small business accounts. If you are calling from outside of the continental U.S., call us collect at 925.681.7600.
  • Future-dated or recurring payments can be canceled prior to 5 p.m. ET on the third bank business day prior to the scheduled delivery date. Once a payment has begun processing, it cannot be canceled.
  • If a check has been issued for your bill payment, any stop payment provisions that apply to checks in the agreement governing your bill pay funding account will also apply to Bill Pay.

F. Fees

There are no service fees for use of the Bill Pay Service.

4. Zelle� Network Service (Email and Mobile Transfers)

A. Description of Service

We have partnered with the Zelle® Network to enable a convenient way to transfer money between you and others who are enrolled directly with Zelle or enrolled with another financial institution that partners with Zelle (each, a “User”) using aliases, such as email addresses or mobile phone numbers. We will refer to financial institutions that have partnered with Zelle as “Network Banks.”

Zelle provides no deposit account or other financial services. Zelle neither transfers nor moves money. You may not establish a financial account with Zelle of any kind. All money will be transmitted by a Network Bank.

Transfers will be governed by the rules of any funds transfer system through which the transfers are made, as amended time from time, including, without limitation, the National Automated Clearing House Association (“NACHA”) or real time payment services (“RTP”).

THE SERVICE IS INTENDED TO SEND MONEY TO FRIENDS, FAMILY AND OTHERS YOU TRUST.  YOU SHOULD NOT USE THE SERVICE TO SEND MONEY TO RECIPIENTS WITH WHOM YOU ARE NOT FAMILIAR OR YOU DO NOT TRUST.

Zelle and the Zelle related marks are wholly owned by Early Warning Services, LLC and are used herein under license.

B. Eligibility and User Profile

When you enroll to use the Service or when you permit others to whom you have delegated to act on your behalf to use or access the Service, you agree to the terms and conditions of this Agreement. You represent that you have the authority to authorize debits and credits to the enrolled bank account. You agree that you will not use the Service to send money to anyone to whom you are obligated for tax payments, payments made pursuant to court orders (including court-ordered amounts for alimony or child support), fines, payments to loan sharks, gambling debts or payments otherwise prohibited by law, and you agree that you will not use the Service to request money from anyone for any such payments.

The Service allows you to send or receive money using your consumer or small business deposit account. We reserve the right to suspend or terminate your use of the Service if we believe, in our sole discretion, that you are using the Service for other purposes, or if we believe you are using the Service in a manner that exposes Bank of America or Zelle to liability, reputational harm or brand damage, including but not limited to using the Service to request, send or receive money related to any of the following:

Illegal or brand damaging activities include, but are not limited to:

  • Any activity that is illegal under federal or applicable state law (e.g., drugs, gambling, counterfeit goods);
  • Firearms, ammunition and other weapons;
  • Sexual activities or materials;
  • Pornography;
  • Materials that promote intolerance, violence or hate;
  • Ponzi schemes;
  • Traveler's checks, money orders, equities, annuities, or currencies;
  • Digital currencies such as bitcoins;
  • Terrorist funding;
  • Fraud, for example:
    1. Unauthorized Payments that occur in instances of account takeover, lost/stolen debit cards or account information, etc.;
    2. Scams - Recipient convinces a Sender to send money with Zelle by (i). pretending to be or to represent another person or entity; or (ii). offering to provide a good, service, or additional funds while intending to provide nothing in return.
  • Money laundering
  • Use of the Zelle Payments Service in a manner for which it was not intended, or in a way that another customer finds harassing or inappropriate (e.g., use of memo fields to communicate with another customer with no intention of processing a Payment).

We may determine other eligibility criteria in our sole discretion.

C. Enrolling for the Service

  1. You must provide us with an email address that you use and access regularly and/or a permanent U.S. mobile phone number that you intend to use for an extended period of time. 

    You may not enroll in the Service with a landline phone number, Google Voice number, or Voice over Internet Protocol.

  2. Once enrolled, you may:

    1. authorize a debit of your account to send money to another User either at your initiation or at the request of that User; and
    2. receive money from another User either at that User’s initiation or at your request, subject to the conditions of the Section below titled “Requesting Money.”

  3. If at any time while you are enrolled, you do not receive money using the Service for a period of 18 consecutive months, we may contact you and/or take other steps to confirm that the U.S. mobile phone number or email address that you enrolled still belongs to you.  If we are unable to confirm that you are the owner of the mobile phone number or email address, then you understand that we may cancel your enrollment and you will not be able to send or receive money with the Service until you enroll again.

D. Consent to Emails and Automated Text Messages

By participating as a User, you represent that you are the owner of the email address, mobile phone number, and/or other alias you enrolled, or that you have the delegated legal authority to act on behalf of the owner of such email address, mobile phone number and/or other alias to send or receive money as described in this Agreement. You consent to the receipt of emails bank of america legal order processing contact text messages from us, from Zelle, from other Users that are sending you money or requesting money from you, and from other Network Banks or their agents regarding the Services or related transfers between Network Banks and you. You agree that we may, Zelle may or our agents may use automatic telephone dialing systems in connection with text messages sent to any mobile phone number you enroll. You further acknowledge and agree:

  1. You are responsible for any fees or other charges that your wireless carrier may charge for any related data, text or other message services, including without limitation for short message service. You are also responsible for the content of the memos you send using Zelle. Please check your mobile service agreement for details or applicable fees.

  2. You will immediately notify us if any email address or mobile phone number you have enrolled is (i) surrendered by you, (ii) inactivated or removed by your provider, or (iii) changed by you. For your security, if we notice changes to your email or mobile number, or we are unable to deliver notifications, we may delete it and notify you.

  3. In the case of any messages that you may send through either us or Zelle or that we may send or Zelle may send on your behalf to an email address or mobile phone number, you represent that you have obtained the consent of the recipient of such emails or automated text messages to send such emails or text messages to the recipient. You understand and agree that any emails or text messages that we send or that Zelle sends on your behalf may include your name and the memo that you sent.

  4. Your wireless carrier is not liable for any delay or failure to deliver any message sent to or from us or Zelle, including messages that you may send through us or through Zelle or that we may send or Zelle may send on your behalf.

  5. To cancel text messaging from us, text STOP to 53849. This will unenroll you from the Service. For help or information regarding text messaging, text HELP to 53849 or contact our customer service at 800.933.6262 for consumer accounts and 866.758.5972 for small business accounts. You expressly consent to receipt of a text message to confirm your “STOP” request.

  6. Bank of America’s Zelle notifications are supported by many carriers, like AT&T, T-Mobile, Sprint, and Verizon Wireless. Check with your individual carrier to confirm availability.

  7. We or Zelle may use information on file with your wireless operator to further verify your identity and to protect against or prevent actual or potential fraud or unauthorized use of the Service. By using the Service, you authorize your wireless operator (AT&T, Sprint, T-Mobile, US Cellular, Verizon, or any other branded wireless operator) to use or disclose information related to your wireless subscriber account (such as your mobile number, name, address, email, network status, customer type, mobile device identifiers and other device and subscriber status information) to Bank of America or its service providers, which they may use for the duration of your business relationship with them, solely to verify your identity and help prevent fraud. See Zelle’s Privacy Policy [https://www.zellepay.com/privacy-policy] for how it treats your data. For Bank of America’s Privacy Policy, go to our Web site at https://www.bankofamerica.com/privacy.

E. Receiving Money; Money Transfers by Network Banks

Once a User initiates a transfer of money to your email address or mobile phone number enrolled with the Service, you have no ability to stop the transfer. By using the Service, you agree and authorize us to initiate credit entries to the bank account you have enrolled.

Most transfers of money to you from other Users will occur within minutes. There may be other circumstances when the payment may take longer. For example, in order to protect you, us, Zelle and the other Network Banks, we may need or Zelle may need additional time to verify your identity or the identity of the person sending the money. We may also delay or block the transfer to prevent fraud or to meet our regulatory obligations. If we block a payment that you have initiated through a request for money, we will notify you by email.

If you are receiving a payment from a business or government agency, your payment will be delivered in accordance with both this Agreement and the procedures of the business or government agency that is sending you the payment.

F. Sending Money; Debits by Network Banks

You may send money to another User at your initiation or in response to that User’s request for money. You understand that use of this Service by you shall at all times be subject to (i) this Agreement, and (ii) your express authorization at the time of the transaction for us or another Network Bank to initiate a debit entry to your bank account. You understand that when you send the payment, you will have no ability to stop it. You may only cancel a payment if the person to whom you sent the money has not yet enrolled in the Service.  If the person you sent money to has already enrolled with Zelle, either in the Zelle mobile app or with a Network Bank, the money is sent directly to their bank account (except as otherwise provided below) and may not be canceled or revoked.

In most cases, when you are sending money to another user, the transfer will occur in minutes; however, there are circumstances when the payment may take longer. For example, in order to protect you, us, Zelle and the other Network Banks, we may need additional time to verify your identity or the identity of the person receiving the money. During this period, and in any other circumstance when we need additional time to verify the transfer details, a hold will be placed on your account for the amount of the transfer. You understand and acknowledge that a person to whom you are sending money and who is not enrolled as a User may fail to register with Zelle, or otherwise ignore the payment notification, and the transfer may not occur. If the person to whom you are sending money does not enroll, set up an email address or mobile number and accept the transfer within 14 days, the transfer will be canceled.

The money may also be delayed or the transfer may be blocked to prevent fraud or comply with regulatory requirements. We will notify you by email if we block a payment that you have initiated using the Service.

We have no control over the actions of other Users, other Network Banks or other financial institutions that could delay or prevent your money from being delivered to the intended User.

G. Liability

Except as otherwise provided in this Agreement, neither we nor Zelle shall have liability to you for any transfers of money under the Service, including without limitation, (i) any failure, through no fault of us or Zelle to complete a transaction in the correct amount, or (ii) any related losses or damages. Neither we nor Zelle shall be liable for any typos or keystroke errors that you may make when using the Service.

For information regarding your liability for unauthorized transactions, see section 7 of this agreement.

THE SERVICE IS INTENDED FOR SENDING MONEY TO FAMILY, FRIENDS AND OTHERS WHOM YOU TRUST. YOU SHOULD NOT USE ZELLE TO SEND MONEY TO RECIPIENTS WITH WHOM YOU ARE NOT FAMILIAR OR YOU DO NOT TRUST. NEITHER WE NOR ZELLE OFFER A PROTECTION PROGRAM FOR AUTHORIZED PAYMENTS MADE THROUGH THE SERVICE (FOR EXAMPLE, IF YOU DO NOT RECEIVE THE GOODS OR SERVICES THAT YOU PAID FOR, OR THE GOODS OR SERVICES THAT YOU RECEIVED ARE DAMAGED OR ARE OTHERWISE NOT WHAT YOU EXPECTED).

H. Requesting Money

You may request money from another User. You understand and acknowledge that Users to whom you send payment requests may reject or ignore your request. Neither we nor Zelle guarantee that you will receive money from other Users by sending a payment request, or that you will receive the amount that you request. If a User ignores your request, we may decide or Zelle may decide, in our sole discretion, that we will not send a reminder or repeat request to that User.

By accepting this Agreement, you agree that you are not engaging in the business of debt collection by attempting to use the Service to request money for the payment or collection of an overdue or delinquent debt; to request money that is owed to another person; or to collect any amounts that are owed pursuant to a court order. You agree to indemnify, defend and hold harmless us, Zelle, our and their owners, directors, officers agents and Network Banks from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorney's fees, resulting from or arising out of any request for money that you send that is related to overdue or delinquent amounts.

You agree to receive money requests from other Users, and to only send requests for legitimate and lawful purposes. Requests for money are solely between the sender and recipient and are not reviewed or verified by us or by Zelle. Neither we nor Zelle assume responsibility for the accuracy or legality of such requests and do not act as a debt collector on your behalf or on behalf of the sender of a request are roasted pistachio nuts good for you money.

We reserve the right, but assume no obligation, to terminate your ability to send requests for money in general, or to specific recipients, if we deem such requests to be potentially unlawful, abusive, offensive or unwelcome by the recipient.

I. Fees

There is no fee for sending or receiving a transfer under the Service.

J. Cancellation

A transfer submitted through the Service may not be canceled once the recipient has enrolled. If the recipient has not yet enrolled, you may cancel by going to the Zelle section of the Bank of America website or mobile app and tapping on “Activity&rdquo. 

K. Limits

The following limits apply to Zelle transfers.1

 

Every 24 hours

Every 7 days

Every Month

Consumer

$3500 / 10 Transactions

$10,000 / 30 transactions

$20,000 / 60 Transactions

Small Business2

$15,000 / 20 Transactions

$45,000 / 60 Transactions

$60,000 / 120 Transactions

1/Private Bank and Merrill Lynch Wealth Management clients may be subject to higher dollar limits and total transfers. Please contact your advisor for more information on your limits.

2/ Zelle send limits are set at the customer profile (Online ID) and apply to all accounts visible in the “From” dropdown when initiating a Zelle payment.  If you are a small business customer and are not receiving the small business limits, make sure you are signed in with your small business Online ID.

There are no receiving limits for Zelle transfers.

5. ACH and Wire Transfers

Transfers sent outside of the United States that are initiated by consumers primarily for personal, family or household purposes ("Remittance Transfers"), are governed by federal law (see section 5.F below). This Agreement governs not only Remittance Transfers, but also certain other transfers between your linked accounts at Bank of America and your accounts at other financial institutions, or to someone else’s account, using an account number and financial institution identifier. 

For transfers other than Remittance Transfers, including general questions, requests for cancellation of payments and transfers, or to report unauthorized transactions, please call us at 800.432.1000 or 866.758.5972 for small business accounts, available Monday through Friday from 7:00 a.m. to 10:00 p.m., and Saturday and Sunday from 8:00 a.m. to 5:00 p.m., local time. From outside of the continental U.S., call us collect at 925.681.7600.

You may also write us at:

Bank of America
FL1-300-02-07
P.O. Box 25118
Tampa, FL 33622-5118

For Remittance Transfers, please see the contact information in Section 5.F. below.

A. Security Procedures

By enrolling in the Service and accessing it using your Online ID and passcode, and such other security and identification methods as we may require from time to time, such as security questions or one-time passcodes, you acknowledge and agree that this system includes security procedures for transfers initiated through this Service that are commercially reasonable. You agree to be bound by instructions, whether authorized or unauthorized, which we implement in compliance with these procedures, unless you have given us prior notice of possible unauthorized use of your passcode and we had a reasonable opportunity to act on such notice.

B. Types of ACH and Wire Transfers

You may send and receive the following types of ACH and Wire transfers:

Types of Transfers1, 2

Sending Limits (per transaction)3

Receiving Limits (per transaction)3

Fees4

Cut-Off Times

(all eastern PM)

Three Business Day ACH (outbound)

Three Business Day ACH (inbound)

Next Business Day ACH (outbound)

Next Business Day ACH (inbound)5

Same Business Day (domestic) Wire Transfer (outbound)

International Wire Transfer (outbound)6

  • $45.00 (US Dollar transfer)
  • $0.00 (Foreign currency transfer)
  • $45.00 (US Dollar transfer) $0.00 (Foreign currency transfer)

1/ For domestic transfers, funds will be debited from your Bank of America account on the business day you direct us to initiate processing of the transfer, and typically will be credited to the receiving account on the same business day, next business day or third business day after the transfer is initiated, depending on your choice.

2/ For Direct Payments Service, see the Business Services Addendum for details on fees and limits.

3/ Daily and monthly limits may also apply. You may be eligible for higher transaction limits if you add Secured Transfer to receive a one-time passcode on your mobile device or register a USB security key. Higher transaction limits may also apply for Bank of America Private Bank, Merrill or small business accounts.

4/ You will be charged $25 for each transfer trace that you ask us to execute for you. International transfers may be subject to additional fees charged by intermediary, receiving and beneficiary banks.

5/ To be eligible to receive a next business-day ACH transfer, you must first have received an aggregate of $500.00 in one or more three business day ACH transfers, and the first three business day ACH transfer must have been at least 60 days prior to the first next business day ACH transfer.

6/ For international outbound transfers, funds will be debited from your Bank of America account on the business day you direct us to initiate processing of the transfer. Bank of America will send the payment out on that business day and, except for Remittance Transfers the beneficiary’s bank typically receives the funds 1 to 2 business days later and the funds typically will be credited to the beneficiary within 2 business days. See Section 5.F for special rules applicable to Remittance Transfers.

ACH/Wires send limits are set at the customer profile (Online ID) contact chase credit card dispute apply to all accounts visible in the “From” dropdown when initiating an ACH/Wire payment. If you are a Small Business customer and are not receiving the Small Business limits, make sure you are signed in with your Small Business Online ID.

You may also move money within the U.S. without a transfer fee by using Zelle (described in Section 4 above) or Bill Pay (described in Section 3 above). ACH and Wire transfers are alternatives that allow you to transfer funds when delivery of funds domestically by a specific date is critical or when you are transferring funds outside the U.S.

C. Transfer Rules

  • Small business customers may transfer funds from their business checking account to an individual's or vendor's account at another financial institution, but may not transfer funds from an external account to their small business account. Before scheduling a transfer to an individual, you agree that you will have received a signed authorization from the payee, and that the authorization will not have been revoked. You agree to provide a copy of the authorization to us upon our request. Before scheduling any vendor payment, you agree that you will have mrs america pageant 2020 authorization from the vendor to make the payment by electronic means.
  • You will need to provide certain identifying information about each non-Bank of America account in order to register that account for this Service. For inbound transfers, you agree that you will only attempt to register non-Bank of America personal accounts that you own or for which you have the authority to transfer funds. Same-Business-Day Wire transfers are not available for inbound transfers. Transfers to accounts located outside the United States are available for outbound transfers only and are subject to the delivery times indicated above. Next-Business-Day and Three-Business-Day ACH transfers are not available for international transfers.
  • Bank of America cannot guarantee the timely delivery or return of funds as a result of the failure of another financial institution to act in a timely manner. Please note that beneficiary banks located in some countries may take several days or even weeks to credit the receiving account. There may be some risk in making a transfer to a slow-to-pay country. Currency conversion charges also may apply to international outbound transfers.
  • For each transfer, we will e-mail a confirmation to you at the e-mail address indicated in our records. The confirmation will note the date and the amount of the transfer and the bank or institution to or from which capital 1 bank near me transfer was made. You agree to examine the confirmation promptly upon receipt and to notify us immediately of any discrepancy between the confirmation and your records. Bank of America will not be liable for interest compensation, as otherwise set forth in this Agreement, unless Bank of America is notified of the discrepancy within 30 days from the date of your receipt of the confirmation or your bank statement including the transfer, whichever is earlier. You acknowledge and agree that if a payment order relating to a transfer describes a beneficiary inconsistently by name and account number, payment might be made by the beneficiary's bank on the basis of the account number, even if it identifies a person different from the named beneficiary, and that your obligation to pay the transfer issued by you to us shall not be excused by such payment.
  • You agree that you will have sufficient available funds in the designated deposit account to cover all transfers on the date scheduled. If an account does not have sufficient available funds on the scheduled date, we may elect not to initiate one or more of the transfers. If we do elect to initiate the transfer, which may involve one or more attempts on subsequent business days, it may cause an overdraft in your account in which case you shall be liable for the overdraft and any overdraft fees, as set forth in your Deposit Agreement.
  • You agree that Bank of America may use any means or routes which we in our sole discretion consider suitable to execute your transfer. For small business customers, if you transfer funds in U.S. dollars to a non-U.S. dollar account, your payment may be converted into the local currency by any originating, intermediary or receiving bank, payment system or payment service provider, including Bank of America or an affiliate, as applicable. We and/or an affiliate include a mark-up or fee on such currency conversion and may profit in connection with any such currency conversion. Bank of America hereby gives notice that Same-Business-Day domestic transfers and international outbound transfers may be executed through Fedwire, a funds transfer system operated by the Federal Reserve Banks, through CHIPS (Clearing House Interbank Payments System), a funds transfer system operated by The Clearing House or through SWIFT (Society for Worldwide Interbank Financial Telecommunication). With respect to payment orders relating to the transfer which are executed through Fedwire, Federal Reserve Regulation J and all applicable Federal Reserve operating rules shall govern the payment orders. With respect to payment orders relating to the transfer which are executed through CHIPS, the CHIPS Operating Rules shall govern the payment orders. With respect to payment orders relating to the transfer which are executed through SWIFT, the SWIFT operating rules shall govern the payment orders. However, with respect to Remittance Transfers, to the extent of any inconsistencies between the above referenced rules and the provisions of the Electronic Funds Transfer Act ("EFTA"), the provisions of EFTA shall prevail. Notwithstanding anything to the contrary contained herein, the rights and obligations that apply to Remittance Transfers are set forth in the EFTA and, as applicable, as set forth in New York law. Three-Business-Day ACH transfers and Next-Business-Day ACH transfers may be made through the Automated Clearing House processor selected by us or directly to another bank, and you agree will be subject to the National Automated Clearing House Association rules or our agreement bank of america hsa carolinas healthcare system the other bank, in effect at such time, as applicable.

Future scheduled or recurring transfers scheduled for a weekend or a non-business day will be processed on the prior business day.

D. Cancelling Transfers

  • Except for Remittance Transfers, if you direct us to begin processing a transfer immediately or a transfer's status is In Process or Processed, you no longer have the right to cancel it. Bank of America may at its option accept your cancellations or amendments to a transfer. You acknowledge that if Bank of America attempts to cancel or amend a transfer, then the reversal request or amendment must be agreed to by each financial institution which has accepted a payment order related to the transfer at issue before it will be acted upon and you further agree that Bank of America shall have no liability if a cancellation or amendment is not completed.
  • Except for Remittance Transfers, you can cancel future scheduled and recurring domestic transfers prior to how long should you steep green tea for health benefits ET on the date processing for the transfer is scheduled to be initiated by accessing the Transfers page and selecting To/From my accounts at other banks or To someone else or business This is the preferred method for cancelling transfers. You may also request to cancel a future scheduled or recurring transfer by calling us at 800.432.1000 for consumer accounts and 866.758.5972 for small business accounts. If you are calling from outside of the continental U.S., call us collect at 925.681.7600.After you cancel a future-dated transfer, the status changes to Canceled. 
  • Once an international outbound transfer has been sent, or, in the case of Remittance Transfers, after the 30 minute cancellation period has passed, you may request that a transfer be recalled, and we will communicate your request to the beneficiary's bank. If the beneficiary's bank agrees to return the funds to us, then upon confirmation of receipt of funds in our account, we will credit your account at 1.8 interest rate savings account calculator current Bank of America retail buy rate for that currency that day (see below). Please note that the exchange rate may be different from the original rate applicable to the transfer, which may result in a loss to you. Furthermore, the beneficiary's bank may assess charges for their services, which will be deducted from the amount returned to you. We will have no liability to you if the beneficiary's bank or foreign beneficiary refuses your request to recall the international wire transfer.
  • If a transfer is returned by the receiving bank or beneficiary's bank for no fault of ours, we will credit your account at the current Bank of America retail buy rate for the currency that day (see below). Please note that the exchange rate will be different from the original rate applicable to the transfer, which may result in a loss to you. Furthermore, a returning bank and/or beneficiary's bank may assess charges for their services, which will be deducted from the amount returned to you.

Please see Section 5.F for the cancellation procedures applicable to Remittance Transfers.

E. Liability

  • The following applies to Same-Business Day Domestic Wire transfers and all ACH and Wire transfers from a business account. The liability for Three-Business Day ACH transfers and Next-Business Day ACH transfers involving a transfer to or from a Bank of America consumer account is described in Section 7 below. The liability for Remittance Transfers is described in Section 5.F. below.
  • If we fail or delay in making a transfer pursuant to your instructions, or if we make a transfer in an erroneous amount that is less than the amount per your instructions, unless otherwise required by law or as otherwise provided in this Agreement, our liability shall be limited to correcting the error. If we make a payment or transfer in an erroneous amount that exceeds the amount per your instructions, or if we permit an unauthorized payment or transfer after we have had a reasonable time to act on a notice from you of possible unauthorized use, unless otherwise required by law or as otherwise provided in this Agreement, our liability will be limited to a refund of the amount erroneously paid or transferred, plus interest thereon from the date of the transfer to the date of the refund, but in no event to exceed 60 days' interest. If we become liable to you for interest compensation under this Agreement or applicable law, such interest shall be calculated based on the average federal funds rate at the Federal Reserve Bank in the district where Bank of America is headquartered for each day interest is due, computed on the basis of a 360-day year. Unless otherwise required by law, in no event will Bank of America be liable to you for special, indirect or consequential damages including, without limitation, loss or damage from subsequent wrongful dishonor resulting from our acts or omissions or lost profits, even if we are advised in advance of the possibility of such damages. We shall not be liable for your attorney's fees, except as required by law.
  • You expressly agree that Bank of America shall be liable to you only for our negligent performance or non-performance of the ACH and Wire Transfer services, and that our responsibility shall be limited to the exercise of reasonable and ordinary care. Unless otherwise required by law, Bank of America shall not be liable for any error or delay on the part of any third party or for any other act or omission of any third party, including without limitation third parties used by Bank of America in executing any payment order relating to a transfer or performing a related act, and no such third party shall be deemed to be our agent.

We do not accept any liability for our exchange rates. Any and all liability relating to this information and the rates provided herein is disclaimed, including without limitation, direct, indirect, or consequential loss, and any liability if our exchange rates are different from rates offered or reported by third parties, or offered by us at a different time, at a different location, for a different transaction amount, or involving a different payment media (including, but not limited to bank notes, checks, wire transfers etc.) For Remittance Transfers, the exchange rate to be applied to the transfer will be set forth in disclosures provided to you for the transfer in accordance with federal law.

F. Special Rules for Remittance Transfers

The following applies to Remittance Transfers.

  • As described above, a Remittance Transfer is an electronic transfer of funds initiated by a consumer primarily for personal, family or household purposes to a designated recipient in a foreign country. Federal law provides certain rights and obligations related to Remittance Transfers that may differ from rights and obligations that apply to other types of funds transfers, including disclosure, cancellation and error resolution rights. Your rights with respect to Remittance Transfers will be explained to you in a disclosure provided to you at the time you initiate each Remittance Transfer.
  • Prior to sending a Remittance Transfer, we will provide you with certain important disclosures including, if applicable: (i) the amount that will be transferred to the recipient, (ii) a description of any fees or taxes we impose, (iii) the total amount of the transaction (which is the sum of (i) and (ii) above,) and (iv) the exchange rate we will use in the event you tell us that the receiving account is denominated in a foreign currency and you identify such currency. In addition, if you chose to transfer money in foreign currency, the disclosures will also include the following items in such foreign currency: (x) the transfer amount, (y) the fees imposed by third parties in connection with the san jose sharks hat, and (z) the total amount to be received by the recipient (which is the difference between (x) and (y) above.) Please note the recipient may receive less than the total amount disclosed due to foreign taxes and fees charged by the recipient’s financial institution for receiving a Remittance Transfer into an account, which are not required to be disclosed.
    • Once you confirm your acceptance of the Remittance Transfer terms, you will be shown a receipt which includes the items listed above and, in addition, (i) the date the funds will be available to the recipient, (ii) information you provide that identifies the recipient, and (iii) a statement of your rights in the event of an error or if you wish to cancel the transfer, as described below.
    • You are hereby notified that in the event that you provide an incorrect account number or institutional identifying number, and we are not able to recover the funds, you may lose the amount of the payment order.

If you think there has been an error or problem with your Remittance Transfer:

Call us at 877.337.8357; or, from outside the U.S. call us collect at 302.781.6374.

You can also write to us at:

Bank of America, N.A.
PO Box 25118
Tampa, FL 33622-5118

Frequently asked questions about wire transfers including error resolution procedures, can be viewed by accessing https://www.bankofamerica.com/deposits/wire-transfers-faqs/.

You must contact us within 180 days of the date we indicated to you that funds would be made available to the recipient. When you do, please tell us:

1. Your name and address or telephone number;

2. The error or problem with the transfer, and why you believe it is an error or problem;

3. The name of the person receiving the funds, and if you know it, his or her telephone number or address;

4. The dollar amount of the transfer; and

5. The confirmation code or number of the transaction.

We will determine whether an error occurred within 90 days after you contact us and we will correct any error promptly. We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of any documents we used in our investigation.

What to do if you want to cancel a Remittance Transfer:

You have the right to cancel a Remittance Transfer and obtain a refund of all funds paid to us, including any fees, within 30 minutes of your confirmation of the transfer. The best way to cancel a transfer is to sign in to your account at www.bankofamerica.com and select Transfers>Send Money To Someone>Using their account number at another bank to access the right transfers activity tab. Alternatively, you may call us at 877.337.8357, Monday through Friday from 7:00 a.m. to 10:00 p.m., and Saturday and Sunday from 8:00 a.m. to 5:00 p.m., local time. From outside the U.S., call us collect at 302.781.6374. When you contact us, you must provide us with information to help us identify the transfer you wish to cancel, including the amount and location where the funds were sent. We will refund your money within three business days of your request to cancel a transfer as long as the funds have not already been picked up or deposited into a recipient's account.

G. Currency Exchange Rates

We may determine a currency exchange rate and assign it to your transaction without notice to you. Exchange rates fluctuate, at times significantly, and you acknowledge and accept all risks that may result from such fluctuations. If we assign an exchange rate to your foreign exchange transaction, that exchange rate will be determined by us in our sole discretion based upon such factors as we determine relevant, including without limitation, market conditions, exchange rates charged by other parties, our desired rate of return, market risk, credit risk and other market, economic and business factors, and is subject to change at any time without notice. You acknowledge that exchange rates for retail and commercial transactions, and for transactions effected after regular business hours and on weekends, are different from the exchange rates for large inter-bank transactions effected during the business day, as may be reported in The Wall Street Journal or elsewhere. Exchange rates offered by other dealers or shown at other sources by us or other dealers (including online sources) may be different from our exchange rates. The exchange rate you are offered may be different from, and likely inferior to, the rate paid by us to acquire the underlying currency. We reserve the right to refuse to process any request for a foreign exchange transaction.

We provide all-in pricing for exchange rates. The price provided may include profit, fees, costs, charges ok google find me the nearest bank of america other mark ups as determined by us in our sole discretion. The level of the fee or markup may differ for each customer and may differ for the same customer depending on the method or venue used for transaction execution.

We do not accept any liability for our exchange rates. Any and all liability for our exchange rates is disclaimed, including without limitation direct, indirect or consequential loss, and any liability if our exchange rates are different from rates offered or reported by third parties, or offered by us at a different time, at a different location, for a different transaction amount, or involving a different payment media (including but not limited to bank-notes, checks, wire transfers, etc.).

6. Online Banking Alerts

A. General Information

We provide three types of alerts:

  1. General & Security Alerts are sent to you when important changes are made online to your account, such as changing your email or home address, telephone number, Online Walmart tv stands in store or passcode, or unusual card activity.
    • General and Security alerts are automatically activated and sent to your primary email address. If you choose, you may turn off General alerts, but not Security alerts.  
  1. Automatic Alerts provide you with important account notifications, such as information about a money transfer, insufficient funds or availability of a paperless statement.
    • Automatic alerts are automatically activated and sent to your primary email address only. You may not turn off Automatic Alerts. 
  1. Account Alerts allow you to choose optional alert messages for your accounts, such as payment reminders or transaction alerts for credit or debit card charges.
    • You must select and activate account alerts; you can turn off account alerts at any time.

 

Alerts are subject to the following: 

  • We may add new alerts from time to time, or cancel old alerts. We usually notify you when we cancel alerts, but are not obligated to do so. Because alerts are not encrypted, we will never include your full account number. However, alerts may include your name and some information about your accounts, such as your account balance or due date. Anyone who has access to your messages could view the alert information.
  • Alerts will be sent to the email address you have provided as your primary email address for online banking. For General & Security and Account Alerts, you can also choose to have these sent to a secondary email address, a mobile device that accepts text messages or a mobile device that can receive our Mobile App Alerts through a push notification system. You can control mobile Push notification delivery within the Bank of America mobile app. If your email address or your mobile number changes, you are responsible for informing us of that change. While Bank of America does not charge for the delivery of the alerts, please be advised that text or data charges or rates may be imposed by your carrier.

  • We do our best to provide alerts in a timely manner with accurate information, but alerts may be delayed or prevented by a variety of factors beyond our control (such as system failures or misdirected delivery). We don't guarantee the delivery or accuracy of alerts. You agree that we are not liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert or for any actions taken or not taken by you or a third party as the result of an alert.

B. Mobile Text Alerts

  1. Online Banking Alerts via Text Message

You have the option of adding a mobile phone number to your online banking profile. By adding a mobile phone number to your online banking profile, you are certifying green dot bank customer phone number you are the account holder for the mobile phone account or have the account holder's permission to use the mobile phone number for online banking. You are also consenting to receive online banking Alerts using auto-dialer technology and to receiving text messages. Text message fees may apply depending on your mobile carrier plan.


You can text STOP to 692632 at any time to stop SMS text alerts that you activated on the Alerts Settings pages. Alerts sent to your primary email address won’t be affected by this action. To restore text alerts, go to the Alerts Settings pages and reactivate the alerts. For help with SMS text alerts, send the word HELP to 692632.

 

  1. Security Alerts via Text Message

We may also send credit card, business line of credit and/or debit card security text alerts to your mobile phone number when applicable. Text alerts will be delivered from a short code number which are Free to End User (FTEU), however, data rates may apply depending on your mobile carrier plan. You can opt out of security alerts anytime by sending the word STOP to the applicable short codes below. Opting out of the alerts will automatically STOP all security alerts from being sent to you. If you need further assistance text HELP to any of the following codes for more information.

 

Product>

Short Code

Toll Free Number

Credit Card Security Alerts

322632

844.585.0488

Debit Card Security Alerts

39989

844.585.0485

Small Business Credit Card Security Alerts

96264

800.427.2399

Check Fraud Security Alerts

86006

877.887.8935

Digital Banking Security Alerts

55983

866.500.6260

Account Takeover Security Alerts

56433

866.376.7091

Zelle Payment Security Alerts

80814

866.376.4584

 

Account Restrictions alerts are sent from short code 85594. You can opt out of this alert any time by texting STOP to 85594. Opting out of this alert will automatically stop these account restriction alerts from being sent to you. Text HELP for SMS help, or call us at 800.427.2449

For information about our privacy and security practices and a link to our U.S. Consumer Privacy Notice, go to our website at https://www.bankofamerica.com/privacy

7. Error Resolution Procedures for Consumer Accounts

A. In Case of Errors or Questions About Your Electronic Transactions

Send us a secure online mail message or call us at 800.432.1000

If you are calling from outside of the continental U.S., call us collect at 925.681.7600

You may also write us at:

Bank of America

FL1-300-02-07
P.O. Box 25118
Tampa, FL 33622-5118

Contact us immediately if you think:

  • Your statement or transaction record is wrong
  • You need more information about a transaction listed on your statement
  • An unauthorized person has discovered your Online Banking passcode
  • Someone has transferred or may transfer money from your account without your permission

We must hear from you no later than 60 days after we have sent the FIRST statement on which the problem or error appeared (or 90 days if the problem or error relates to a transfer from an account maintained at another financial institution). Please see section 7B below regarding reporting an error involving an unauthorized transaction.

If you tell us verbally, we may require you to send us your complaint or question in writing or via email within ten (10) business days (Online Banking customers may use secure online mail). When you contact us, please provide the following information:

  • Your name and account number
  • The date and dollar amount of the transaction in question
  • The name of the Payee if the transaction in question is a bill payment
  • The transaction number assigned by Online Banking, if available
  • A description of the transaction about which you are unsure

Please explain as clearly as you can why you believe there is an error or why you need more information.

We will determine whether an error occurred within 10 business days after we hear from you, and we will promptly correct any error we have made. If we need more time, however, we may take up to 45 days to investigate your complaint or question. In this case, we will provisionally credit your account within 10 business days for the amount you think is in error, so that you have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing, and we do not receive your letter in 10 business days, we reserve the right not to provisionally credit your account.  For errors involving new accounts, we may take up to 90 days to investigate your complaint or question and up to 20 business days to provisionally credit your account.

We will tell you the results within 3 business days after first premier bank credit card contact complete our investigation.  If we conclude there was no error, we will send you a written explanation. You may request copies of the documents that we used in our investigation.

If your transaction was a Pokemon tcg 1st edition booster box Transfer (transfer of funds initiated by a consumer primarily for personal, family or household purposes to a designated recipient in a foreign country), please see the error resolution procedures in Section 5.F.

B. Limitation of Liability for Online Banking Transactions

Tell bank of america legal order processing contact at once if you believe your Online Banking passcode has been compromised or if someone has transferred or may transfer money from your account without your permission. The best way to minimize your loss is to call us immediately. The unauthorized use of your Online Banking services could cause you to lose all of your money in your accounts, plus any amount available under your overdraft protection plan.

You will have no liability for unauthorized transactions if you notify us within 60 days after the statement showing the transaction has been sent to you (or 90 days if the transaction was from an account maintained at another financial institution). If you do not, you may not get back any of the money you lost from any unauthorized transaction that occurs after the close of the 60-day period (or 90 day period if the transaction was from an account maintained at another financial institution), if we can show that we could have stopped the transaction if you had notified us in time. If a good reason (such as a long trip or hospital stay) kept you from telling us, we may extend the time periods.

If you give your Online ID and passcode and grant authority to make transfers to a person who exceeds the authority given, you are responsible for all transactions that person performs unless you notify us that the transfers by that person are no longer authorized. Transactions that you or someone acting with you initiates with fraudulent intent are also authorized transactions.

Note: These liability rules are established by Regulation E, which implements the federal Electronic Fund Transfer Act and does not apply to business accounts. Our liability policy regarding unauthorized Online Banking transactions on consumer deposit accounts may give you more protection, provided you report the transactions promptly. Also, the state law applicable to your account may give you more time to report an unauthorized transaction or may give you more protection.

C. Our Liability for Failure to Complete Transactions

If we do not complete a transaction to or from your account on time, or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. For instance, we will not be liable:

  • If, through no fault of ours, you don't have enough available funds in your account (or available funds under your overdraft protection plan), or credit to cover the transaction or transfer
  • If Online Banking services weren't working properly, and you knew about the malfunction when you started the transaction or transfer
  • If circumstances beyond our control (such as fire or flood) prevented the transaction or transfer, despite reasonable precautions we've taken
  • If there are postal delays or processing delays by the Payee
  • There may be other exceptions not specifically mentioned

D. Our Liability for ACH and Wire Transfers

For the provisions governing our liability for Same-Business Day Outbound wire transfers and international transfers please see Section 5.  Our liability for Three-Business Day ACH transfers and Next Business Day ACH transfers involving a transfer to or from a Bank of America consumer account is as described in this Section 7.

8. Additional Provisions Only Applicable to Small Business Accounts

A. Protecting Passcodes

If you think your commerce bank hours may have been compromised, or you believe there has been unauthorized or erroneous online activity with respect to your account, contact us at 866.758.5972. If you are calling from outside of the continental U.S., call us collect at 925.681.7600.

You agree that we may send notices and other communications, including passcode confirmations, to the current address shown in our records, whether or not that address includes a designation for delivery to the attention of any particular individual. You further agree that Bank of America will not be responsible or liable to you in any way if information is intercepted by an unauthorized person, either in transit or at your place of business. You agree to: 1) keep your passcode secure and strictly confidential, providing it only to authorized signers on your account(s); 2) instruct each person to whom you give your passcode that he or she is not to disclose it to any unauthorized person; and 3) immediately notify us and select a new passcode if you believe your passcode may have become known to an unauthorized person. Bank of America will have no liability to you for any unauthorized payment or transfer made using your passcode that occurs before you have notified us of possible unauthorized use and we have had a reasonable opportunity to act on that notice. We may suspend or cancel your passcode even without receiving such notice from you, if we suspect your passcode is being used in an unauthorized or fraudulent manner. For businesses who use the additional services described in the Business Services Addendum, this section applies to all Online Banking passcodes, including those assigned to users or Administrators. You are responsible for all transactions performed by you and any designated user(s), including Administrator(s), whether you specifically authorize the transactions or not. If you notify us that the person is no longer authorized, then only transactions that person performs after the time you notify us are considered unauthorized.

B. Acknowledgment of Commercially Reasonable Security Procedures

By using Online Banking, you acknowledge and agree that this Agreement sets forth security procedures for electronic banking transactions that are commercially reasonable. You agree to be bound by instructions, whether authorized or unauthorized, which we implement in compliance with these procedures, unless you have given us prior notice of possible unauthorized use as described above (and we had a reasonable opportunity to act on such notice).

C. Limitation of Bank's Liability

If we fail or delay in making a payment or transfer pursuant to your instructions, or if we make a payment or transfer in an erroneous amount that is less than the amount per your instructions, unless otherwise required by law, our liability shall be limited to interest on the amount that we failed to timely pay or transfer, calculated from the date on which the payment or transfer was to be made until the date it was actually made or you canceled the instructions. We may pay such interest either to you or the intended recipient of the payment or transfer, but in no event will we be liable to both parties, and our payment to either party will fully discharge any obligation to the other. If we make a payment or transfer in an erroneous amount that exceeds the amount per your instructions, or if we permit an unauthorized payment or transfer after we have had a reasonable time to act on a notice from you of possible unauthorized use as described above, unless otherwise required by law, our liability will be limited to a refund of the amount erroneously paid or transferred, plus interest thereon from the date of the payment or transfer to the date of the refund, but in no event to exceed 60 days' interest. If we become liable to you for interest compensation under this Agreement or applicable law, such interest shall be calculated based on the average federal funds rate at the Federal Reserve Bank in the district where Bank of America is headquartered for each day interest is due, computed on the basis of a 360-day year. Unless otherwise required by law, in no event will Bank of America be liable to you for special, indirect or consequential damages including, without limitation, lost profits or attorney's fees, even if we are advised in advance of the possibility of such damages.

For the provisions governing our liability for ACH or Wire Transfers, please see Section 5.E above.

9. Disclaimer of Warranties, Limitation of Liability and Indemnification

A. Disclaimer of Warranties

EXCEPT AS OTHERWISE PROVIDED HEREIN, AND SUBJECT TO APPLICABLE LAW, NEITHER WE NOR OUR VENDORS, INCLUDING OUR OR THEIR OWNERS, DIRECTORS, OFFICERS OR AGENTS, MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SERVICES.  WE AND OUR VENDORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SERVICES DESCRIBED OR PROVIDED. NEITHER WE NOR OUR VENDORS, INCLUDING OUR OR THEIR OWNERS, DIRECTORS, OFFICERS OR AGENTS, WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FOR PURPOSES OF THIS AGREEMENT, “VENDOR(S)” MEANS ANY THIRD-PARTY SERVICE PROVIDER, NETWORK OR PARTNER FINANCIAL INSTITUTION WE MAY ENGAGE TO PERFORM FUNCTIONS FOR US UNDER THIS Free printable 2020 yearly calendar with us holidays WE NOR OUR VENDORS, INCLUDING OUR OR THEIR OWNERS, DIRECTORS, OFFICERS OR AGENTS, WARRANT THAT THE WEB SITE, OR THE SERVER THAT MAKES THEM AVAILABLE, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION OF PROBLEMS CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS.

B. Limitation of Liability

EXCEPT AS OTHERWISE PROVIDED HEREIN, AND SUBJECT TO APPLICABLE LAW, IN NO EVENT WILL WE OR OUR VENDORS, INCLUDING OUR OR THEIR OWNERS, DIRECTORS, OFFICERS OR AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SERVICES; (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICES DESCRIBED OR PROVIDED, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (IV) ANY OTHER MATTER RELATING TO THE SERVICES DESCRIBED OR PROVIDED, EVEN IF WE OR OUR VENDORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SERVICES OR WITH THE TERMS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.

FURTHER, WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR FAILURE TO EXECUTE ANY TRANSFER OR PERFORM A RELATED ACT IF SUCH FAILURE IS DUE TO CAUSES OR CONDITIONS BEYOND OUR REASONABLE CONTROL, INCLUDING WITHOUT LIMITATION, STRIKES, RIOTS, INSURRECTION, WAR, MILITARY OR NATIONAL EMERGENCIES, ACTS OF GOD, NATURAL DISASTERS. FIRE, OUTAGES OF COMPUTERS OR ASSOCIATED EQUIPMENT, QUARANTINES, PANDEMICS. OR FAILURE OF TRANSPORTATION OR COMMUNICATION METHODS OR POWER SUPPLIES. 

IN THOSE STATES WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY, ANY LIABILITY OF US OR OUR VENDORS, INCLUDING OUR OR THEIR OWNERS, DIRECTORS, OFFICERS AND AGENTS IN THOSE STATES IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED ONE HUNDRED DOLLARS ($100.00).

C. Indemnification

You acknowledge and agree that you are personally responsible for your conduct while using the Services, and except as otherwise provided in this Agreement, you agree to indemnify, defend and hold harmless us, our Vendors, including our or their owners, directors, officers, agents from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorney's fees, resulting from or arising out of your use, misuse, errors, or inability to use the Services, or any violation by you of the terms of this Agreement or your breach of any representation or warranty contained in this Agreement.

The provisions of Sections 9.A, B and C shall survive termination of this Agreement.

10. Other Terms and Conditions

A. Service Charges

Except as otherwise provided in this Agreement or your applicable account agreements and schedule of fees, there is no service charge for accessing your linked accounts with the Service.

In addition to the fees already described in this Agreement, you should note that depending on how you access the Services, you might incur charges for:

  • Normal account fees and service charges, such as stop payment requests, check copy orders and account statement copy orders.
  • Internet service provider fees.
  • Wireless carrier fees.
  • Non-sufficient funds fees, returned items, overdraft or similar fees may also apply if you schedule payments or transfers and your available balance is not sufficient to process the items on the dates scheduled and/or on the dates when the items are presented to us for payment.

B. Service Hours

The Services are available 365 days a year and 24 hours a day, except during system maintenance and upgrades. When this occurs, a message will be displayed on-line when you sign on to Online Banking. Our Call Centers are available Monday through Friday from 7:00 a.m. to 10:00 p.m., and Saturday and Sunday from 8:00 a.m. to 5:00 p.m. local time, excluding bank holidays, and may be reached through the contact numbers contained in the applicable sections of this Agreement. You may also write us at:

Bank of America
FL1-300-02-07
P.O. Box 25118
Tampa, FL 33622-5118

C. Business Days

For the Services, our business days are Monday through Friday, excluding bank holidays. For investment accounts only, all stock exchange closures and holidays will be observed (such as Good Friday) as well as the bank holidays.

D. Changes to Agreement

We may add, delete or change the terms of this Agreement at any time.  We will inform you of changes when legally required and will try to inform you of the nature of any material changes even when not legally required to do so. We may communicate changes by either mail, email or a notice on our website and will make the updated terms available on our website.  You agree that by continuing to use the Services after the date that changes are posted to our website, such changes will be effective for transactions made after that date, whether or not you access the website or otherwise receive actual notice of the changes. If you do not agree with a change, you may discontinue using the Services.

E. Cancellation

The Services remain in effect until they are terminated by you or Bank of America. You may cancel one or more of your Services at any time by notifying us of your intent to cancel in writing, through Online Banking secure mail, or by calling customer service at 800.432.1000. For small business accounts, call 866.758.5972. This cancellation applies to your Services, and does not terminate your Bank of America accounts. We recommend that you cancel any scheduled payments prior to notifying us that you are discontinuing the Service. Otherwise, Bank of America will cancel any scheduled payments within two (2) business days from the date we receive your request to discontinue the Service. If you close your primary checking account, or there is no longer any eligible funding account linked to your Service, any unprocessed payments will be canceled. The Services will also end if you close all accounts linked to your Online Banking profile.

We may terminate your participation in any or all of your Services for any reason, including inactivity, at any time. We will try to notify you in advance, but we are not obliged to do so.

F. Disclosure of Account Information

We may disclose information about your accounts to consumer reporting agencies and to other persons or agencies who, in our judgment, have a legitimate purpose for obtaining information, as more fully described in the account agreement for the applicable account.

By enrolling in online and mobile banking, you will be automatically enrolled in the Bank’s merchant rewards program, BankAmeriDeals, whereby the Bank will share anonymized transaction information with vendors in order to facilitate your participation in the rewards program and present offers that may be of interest to you.  By participating in BankAmeriDeals, the Bank will also share anonymized transaction information with participating merchants, third parties and card networks to administer your benefits and rewards.  As always, we will only use personally identifiable information if needed and in accordance with our Online Privacy Notice and U.S. Consumer Privacy Notice. 

By using our services, you authorize your wireless operator (AT&T, Sprint, T-Mobile, US Cellular, Verizon, or any other branded wireless operator) to use, or to disclose to Bank of America, or other entities working with Bank of America, your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber and device status details, if available, where provided in accordance with your mobile operator's privacy policy, for the duration of our business relationship solely to help verify your identity and to protect against or prevent actual or potential fraud or unauthorized use of our services.

We will only use personally identifiable information in accordance with our Online Privacy Notice and U.S. Consumer Privacy Notice.  For more information, go to our Web site at https://www.bankofamerica.com/privacy. 

We make security and the protection of your information a top priority. You can access our Online Privacy Notice and U.S. Consumer Privacy Notice at https://www.bankofamerica.com/security-center/overview/, which are incorporated into and made a part of this Agreement by this reference.

G. Consent to Provide Electronic Communications

As part of Online Banking enrollment, you consented to the Online Banking Electronic Communications Disclosure (“eCommunications Disclosure”) which allows us to provide you with account-related communications electronically.  Pursuant to this consent, we will deliver these communications electronically by either posting the communication to your online banking secure mailbox or to our website, sending it to your email address or by other electronic means.   You are responsible for providing us with a valid e-mail address to accept delivery of electronic communications and you must notify us of any changes or updates to your email address.  You agree that once we email or post the communications within our website, we have delivered the Communications to you in a form that you can retain.  You have the option to view, save, or print PDF versions of your account documents from the Website via desktop, tablet or mobile device.

Business Services Addendum

Источник: https://www.bankofamerica.com/online-banking/service-agreement.go

How do I get my money back after I discovered an unauthorized transaction or money missing from my bank account?

Tip

Report your lost or stolen card or PIN within two business days of when you discover it is missing so you limit your losses to $50 or less, no matter how much is charged to your card.

If someone steals the security code or PIN to your debit card or bank account, you should follow the same steps as you would if someone stole your card 

You should notify your bank or credit union within two business days of discovering the loss or theft of your security code or PIN. Never write your PIN on your debit card or keep it written down in your wallet, in case your card or wallet is lost or stolen. Although the protections for unauthorized transactions still apply, you will still have to go through the process of recovering your funds.

If you didn’t lose your card or PIN

If an unauthorized transaction appears on your statement, but you did not lose your card, security code, or PIN or had any of them stolen, you should still notify your bank or credit union right away. At the latest, you must four points sheraton downtown san jose ca your bank within 60 days after your bank or credit union sends your statement best bank for opening business account the unauthorized transaction. If you wait longer, you could have to pay the full amount of any transactions that occurred after the 60-day period and before you notify your bank. In order to hold you responsible for those transactions, your bank would have to show that if you notified them before the end of the 60-day period, the transactions would not have occurred.

In extenuating circumstances, like lengthy travel or hospitalization that keeps you from notifying the bank within the time allowed, the notification periods above must be extended.

What does the bank have to do once I report it? Can I get my money back?

Once you notify your bank or credit union, it generally has ten business days to investigate the issue (20 business days if the account has been open less than 30 days). The bank or credit union must correct an error within one business day after determining that an error has occurred. Your bank or credit union then has three business days to report its findings to you.

If the bank or credit union can’t complete its investigation within ten (or 20) business days as applicable, it must generally issue a temporary credit to your account for the amount of the disputed transaction, minus a maximum of $50, while it continues to investigate.

In certain circumstances, however, it does not have to issue a temporary credit. For example, the bank or credit union may require you to provide written confirmation of the error if you initially provided the information by telephone. If you are asked to follow up in writing and you do not do so within ten business days, the bank or credit union is not required to temporarily credit your account during the course of its investigation.

The bank or credit union must then resolve the issue in 45 days, unless the disputed transactions were conducted in a foreign country, were conducted within 30 days of account opening, or were debit card point-of-sale purchases. In those cases, you may have to wait as long as 90 days for the issue to be fully resolved.

If the bank or credit union determines that the transactions were in fact authorized, it must provide you with written notice before taking the money that was credited to you during the investigation out of your account.

Источник: https://www.consumerfinance.gov/ask-cfpb/how-do-i-get-my-money-back-after-i-discovered-an-unauthorized-transaction-or-money-missing-from-my-bank-account-en-1017/

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