Atlanta OIG sued over alleged improper subpoenas of bank records
On Monday, Atlanta Mayor Andre Dickens' office announced that the city's Office of Inspector General had violated Georgia law at least 50 times when issuing subpoenas. Now, the office, the city and the Inspector General herself are being sued.
According to the mayor's office, OIG had issued subpoenas but failed to provide notice to the individuals whose bank records they were requesting, violating state law.
'According to the Georgia statute, any government agency or official that issues a subpoena for an individual's financial records must provide prior written notice to the individual concerned. This notice requirement ensures transparency and gives the individual an opportunity to respond or contest the subpoena before their private financial information is disclosed. Recent findings indicate that the OIG did not adhere to this legal requirement,' the mayor's office said in a statement.
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In response to those findings, and a cease and desist letter to the OIG from the City Attorney, the OIG's office said they were 'finalizing a revision to its policies and procedures regarding subpoenas to financial institutions based on the banking law provision.'
City Attorney Patrise Perkins-Hooker also said in a statement that the improper subpoenas were not only illegal, but placed 'the City of Atlanta at risk for potential liability for this intentional violation of Georgia's Banking and Finance Laws.'
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While changes of policy by OIG and ordinances to further clarity, processes from the Atlanta City Council will help in the longer term, for some Atlantans, it's too late.
On Thursday, Attorney Stephen M. Katz filed a lawsuit against the City of Atlanta, the Atlanta Office of Inspector General and Atlanta Inspector General Shannon K. Manigualt for alleged violations of his client, Bernard Tokarz's, First, Fourth and 14th Amendment rights and for invasion of privacy as defined in Georgia law.
According to the filing in court, the lawsuit is in direct response to improper financial records subpoenas filed by Manigault and the OIG over the course of several years, and at least as far back as January 2021.
The lawsuit also alleged that Tokarz is not the only person impacted by this tactic, where a subpoena duces tecum was filed with banks to request banking records, but financial institutions were urged not to notify the bank clients as to not interfere with a law enforcement investigation.
The lawsuit filed by Katz on behalf of Tokarz lists 10 clients, including a music studio, as those facing several subpoenas for their financial records that were not informed, at the request of the OIG.
The court document also says the financial records were then used as purported evidence in accusations of financial and official impropriety, causing injury to various individuals' reputations and financial situations. The lawsuit alleges that the OIG violated the plaintiff's, and others', rights under the color of law and were not conducting a criminal or tax investigation.
The lawsuit cites the Feb. 3 cease and desist letter from the Atlanta City Attorney as evidence that the accusations against the OIG were 'intentional' acts.
As a result, Tokarz is seeking compensatory damages in court and requesting a trial by jury.
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