United States Postal Service § 233.4

Service Operations Support Group, and However, the physical storage of this their designees, are authorized to order data shall be at the discretion of the covers. Under no circumstances Chief Postal Inspector. may a or postal employee (2) If the Chief Postal Inspector, or furnish information as defined in his designee, determines a mail cover § 233.3(c)(1) to any person, except as au- was improperly ordered, all data ac- thorized by a mail cover order issued quired while the cover was in force by the Chief Postal Inspector or des- shall be destroyed, and the requesting ignee, or as directed by a postal inspec- authority notified of the discontinu- tor under the circumstances described ance of the mail cover and the reasons in § 233.3(f). therefor. (5) Except for mail covers ordered (3) Any data concerning mail covers upon fugitives or subjects engaged, or shall be made available to any mail suspected to be engaged, in any activ- cover subject in any legal proceeding ity against the national security, no through appropriate discovery proce- mail cover order shall remain in effect dures. for more than 30 days, unless adequate (4) The retention period for files and justification is provided by the request- records pertaining to mail covers shall ing authority. At the expiration of the be 8 years. mail cover order period, or prior there- (i) Reporting to requesting authority. to, the requesting authority may be Once a mail cover has been duly or- granted additional 30-day periods under dered, authorization may be delegated the same conditions and procedures ap- to any employee in the Postal Inspec- plicable to the original request. The re- tion Service to transmit mail cover re- questing authority must provide a ports directly to the requesting author- statement of the investigative benefit ity. of the mail cover and anticipated bene- (j) Review. (1) The Chief Postal In- fits to be derived from its extension. spector, or his designee at Inspection (6) No mail cover shall remain in Service Headquarters shall periodically force longer than 120 continuous days review mail cover orders issued by the unless personally approved for further Manager, Inspection Service Oper- extension by the Chief Postal Inspector ations Support Group or their des- or designees at National Headquarters. ignees to ensure compliance with these (7) Except for fugitive cases, no mail regulations and procedures. cover shall remain in force when an in- (2) The Chief Postal Inspector shall formation has been filed or the subject select and appoint a designee to con- has been indicted for the matter for duct a periodic review of national secu- which the mail cover is requested. If rity mail cover orders. the subject is under investigation for (3) The Chief Postal Inspector’s de- further criminal violations, or a mail termination in all matters concerning cover is required to assist in the identi- mail covers shall be final and conclu- fication of property, proceeds or assets sive and not subject to further admin- forfeitable because of a violation of istrative review. criminal law, a new mail cover order (k) Military postal system. Section must be requested consistent with 233.3 does not apply to the military these regulations. postal system overseas or to persons (8) Any national security mail cover performing military postal duties over- request must be approved personally by seas. Information about regulations the head of the law enforcement agen- prescribed by the Department of De- cy requesting the cover or one designee fense for the military postal system at the agency’s headquarters level. The overseas may be obtained from the De- head of the agency shall notify the partment of Defense. Chief Postal Inspector in writing of [58 FR 36599, July 8, 1993, as amended at 61 such designation. FR 42557, Aug. 16, 1996; 74 FR 18297, Apr. 22, (h) Records. (1) All requests for mail 2009] covers, with records of action ordered thereon, and all reports issued pursu- § 233.4 Withdrawal of mail privileges. ant thereto, shall be deemed within the (a) False representation and lottery or- custody of the Chief Postal Inspector. ders—(1) Issuance. Pursuant to 39 U.S.C.

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3005, the Judicial Officer of the Postal structions, are published in the Postal Service, acting upon a satisfactory evi- Bulletin. dentiary basis, may issue a mail-stop [45 FR 1613, Jan. 8, 1980. Redesignated at 46 order against anyone seeking mailed FR 34330, July 1, 1981, and amended at 53 FR remittance of money or property by 1780, Jan. 22, 1988] means of a false-representation or lot- tery scheme. Such orders provide for § 233.5 Requesting financial records return of mail and refund of postal from a financial institution. money orders to remitters. (a) Definitions. The terms used in this (2) Enforcement. Notice of these or- section have the same meaning as ders, including any necessary instruc- similar terms used in the Right to Fi- tions on enforcement responsibilities nancial Privacy Act of 1978, Title XI of and procedures, is published in the Pub. L. 95–630. Act means the Right to Postal Bulletin. Generally, an order Financial Privacy Act of 1978. against a domestic enterprise is en- (b) Purpose. The purpose of these reg- forced only by the des- ulations is: (1) To authorize the Inspec- ignated in the order. All personnel tion Service Department of the U.S. processing mail for dispatch abroad as- Postal Service to request financial sist in enforcing orders against foreign records from a financial institution enterprises by forwarding mail ad- pursuant to the formal written request dressed to such enterprises to des- procedure authorized by section 1108 of ignated post offices. the Act and (2) to set forth the condi- tions under which such request may be (b) Fictitious name or address and not made. residents of the place of address orders— (c) Authorization. The Inspection (1) Pursuant to 39 U.S.C. 3003, Issuance. Service Department is authorized to 3004, when there is satisfactory evi- request financial records of any cus- dence that mail is addressed to a ficti- tomer from a financial institution pur- tious name, title, or address used for suant to a formal written request any unlawful business, and no one has under the Act only if: established a right to have the mail de- (1) No administrative summons or livered to him, or that mail is ad- subpoena authority reasonably appears dressed to places not the residence or to be available to the Inspection Serv- regular business address of the person ice Department to obtain financial for whom they are intended to enable records for the purpose for which the the person to escape identification, the records are sought; Judicial Officer may, pursuant to Part (2) There is reason to believe that the 964, order that the mail be returned to records sought are relevant to a legiti- the sender. mate law enforcement inquiry and will (2) Notice. (i) The Chief Postal Inspec- further that inquiry; tor or his delegate must give notice to (3) The request is issued by a super- the addressee of mail withheld from de- visory official of a rank designated by livery pursuant to 39 U.S.C. 3003, 3004 the Chief Postal Inspector. Officials so that such action has been taken and designated shall not delegate this au- advise him that he may: thority to others; (A) Obtain such mail upon presenting (4) The request adheres to the re- proof of his identity and right to re- quirements set forth in paragraph (d) ceive such mail, or of this section; and (B) Petition the Judicial Officer for (5) The notice requirements set forth the return of such mail. (ii) The notice in section 1108(4) of the Act, or the re- quirements pertaining to the delay of must be in writing and served by per- notice in section 1109 of the Act, are sonal service upon the addressee or by satisfied, except in situations (e.g., sec- Certified Mail (Return Receipt Re- tion 1113(g)) where no notice is re- quested) and by First Class Mail. quired. (3) Enforcement. Notice of any order (d) Written request. (1) The formal re- issued pursuant to 39 U.S.C. 3003, 3004, quest must be in the form of a letter or and any necessary implementing in- memorandum to an appropriate official

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