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I have a theft case where it appears the defendant is intercepting funds from customers for his employer and depositing them into his private paypal account while using the company's credit card to pay for materials for his projects on the side.

I've attempted to get defendant's paypal records via subpoena. Our investigator used the method paypal provides for law enforcement and prosecutors to make requests and served our subpoena that way. What we got back in basic registration information and contact information for the defendant, but not the transaction history, which is what we requested, they also didn't include a BRA or fill out the one we provided them.

Our "contact point" for paypal is a general email that takes 15 to 45 days for them to respond. I figure if I hand them a notice ordering them to bring their butts to court I'll get a faster turn around. Any advice?
 
Posts: 6 | Registered: May 08, 2015Reply With QuoteReport This Post
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Due to the changes in CCP 18.21, a grand jury subpoena for electronically stored information is only likely to get basic account information such as the name, address, and email address. If you are seeking detailed transaction information, my suggestion would be to obtain a search warrant for the information you seek.
 
Posts: 478 | Location: Parker County, Texas | Registered: March 22, 2002Reply With QuoteReport This Post
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I concur with Robert. It's been my experience that GJ subpoenas will only get you basic subscriber information. If you want details, you'll need a warrant. Sometimes a reminder email will make things happen, I've had to do that a couple of times with Google.

Also keep in mind you may want to also send along an order of nondisclosure (with the subpoena OR warrant), as some online companies interpret federal law as requiring them to disclose the request to the subject of the subpoena. If you're in the investigation stages, that might not be optimal.
 
Posts: 7 | Location: Georgetown, TX | Registered: May 06, 2016Reply With QuoteReport This Post
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Thanks for the advice. Really appreciate it.
 
Posts: 6 | Registered: May 08, 2015Reply With QuoteReport This Post
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