United States v. James L. Kington and Don Earney

REAVLEY, Circuit Judge:

The district court has suppressed bank records on the ground that the government violated the Right to Financial Privacy Act, 12 U.S.C. §§ 3401-3422. The ruling was made after selection and swearing of the jury, the defendants having waived their right to object on double jeopardy grounds to a new trial. We hold that the government is entitled to appeal the court’s ruling, and we reverse the ruling as an unwarranted sanction against the handling of the bank records.

Facts

Defendants were formerly president and vice president of now defunct Abilene National Bank. They were…