N.D. Cent. Code § 12.1-06.1-07
12.1-06.1-07. Racketeering - Investigation of records - Confidentiality - Court enforcement - Classification
12.1-06.1-07. Racketeering - Investigation of records - Confidentiality - Court
enforcement - Classification.
1. A custodian of the records of a financial institution shall, at no expense to the financial
institution, produce for inspection or copying the records in the custody of the financial
institution when requested to be inspected by the attorney general or a state's attorney
authorized by the attorney general, if the person requesting the information signs and
submits a sworn statement to the custodian that the request is made to investigate a
pattern of racketeering activity or a violation of section 12.1-06.1-02 or 12.1-06.1-03.
Records may be removed from the premises of the financial institution only for the
purpose of copying the records and must be returned within forty-eight hours. The
attorney general or an authorized state's attorney or any peace officer designated by
an authorized state's attorney or the attorney general may not use or release the
information except in the proper discharge of official duties. The furnishing of records
in compliance with this section by a custodian of records is a bar to civil or criminal
liability against the custodian or financial institution in any action brought alleging
violation of the confidentiality of the records. The fact that records have been obtained
may not be released in any way by the financial institution until ninety days after the
release.
2. The attorney general or the authorized state's attorney may petition the district court
for enforcement of this section upon noncompliance with the request for inspection.
Enforcement must be granted if the request is reasonable and the attorney general or
the authorized state's attorney has reasonable grounds to believe the records sought
to be inspected are relevant to a civil or criminal investigation of a pattern of
racketeering activity or a violation of section 12.1-06.1-02 or 12.1-06.1-03.
3. The investigation authority granted pursuant to the provisions of this section may not
be exercised by a state's attorney in the absence of authorization by the attorney
general.
4. Any person releasing information obtained pursuant to this section, except in the
proper discharge of official duties, is guilty of a class B misdemeanor.