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Beattie v. Department of Defense

United States District Court, D. North Dakota, Southwestern Division

January 15, 2015

Robert A. Beattie, Movant,
v.
Department of Defense, Respondent.

ORDER DENYING MOTION TO QUASH AND ENFORCING SUBPOENA

CHARLES S. MILLER, Jr., Magistrate Judge.

Before the court is a "Motion for Order Pursuant to Customer Challenge Provisions of the Right to Financial Privacy Act of 1978" filed by Robert A. Beattie ("Beattie") on September 29, 2014. The United States Department of Defense ("DOD") filed a response opposing the motion on October 22, 2014. The matter has been referred to the undersigned for decision pursuant to 28 U.S.C. ยง 636(b)(1)(A). For the reasons set for below, the motion is denied and the subpoena shall be enforced.

I. BACKGROUND

Beattie is a member of the United States Air Force. The Air Force Office of Special Investigations ("AFOSI") has initiated an investigation into whether from approximately March 2010 to April 2014, Beattie fraudulently claimed and received approximately $97, 000.00 in housing allowances to which he was not entitled. As part of the investigation, the Inspector General of the United States Department of Defense ("DOD-IG") has prepared a subpoena duces tecum directing the Custodian of Records of Community Bank, Bank of America, N.A. ("Community Bank") to produce financial records relating to two Community Bank accounts held by Beattie. Specifically, the subpoena orders production of:

information, documents, reports, answers, records, accounts, papers, and other data and documentary evidence pertaining to Community Bank account numbers: *** and ***, held solely or jointly by Robert Beattie, Social Security number: ***, an active duty member of the United States Air Force, who is suspected of violating one or more punitive Articles of the Uniform Code of Military Justice, for the period March 1, 2010 through April 30, 2014, as specified in Appendix A, which are necessary in the performance of the responsibility of the Inspector General under the Inspector General Act

(Docket No. 1-2)(underlining in original). Appendix A to the subpoena provides definitions of the terms "document" and "documents" and under the heading "Documents Required, " provides as follows:

Documents pertaining to Community Bank account numbers: *** and ***, held solely or jointly by Robert Beattie, Social Security number: ***, an active duty member of the United States Air Force, who is suspected of violating one or more punitive Articles of the Uniform Code of Military Justice, for the period March 1, 2010 through April 30, 2014. Documents include, but are not limited to:
1. Monthly statements sent to the account holder;
2. Correspondence with the account holder;
3. Deposit records;
4. Withdrawal records;
5. Wire transfer records;
6. Records of Automatic Teller Machine ...

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