Also known as:bank statements · bank stmt · account statement · bank records
Written by attorneys · grounded in primary & secondary sources — see below
A periodic record issued by a financial institution that itemizes all deposits, withdrawals, transfers, and the resulting balance in a designated account over a stated interval.
Sources & Authorities
How it applies
Common Examples
6
UCC Account Definition Dispute
Barbara Bennett pledged her right to payment from a customer contract as collateral for a loan from Brookside Pharmaceuticals. When the secured party attempted to perfect its interest by filing a financing statement describing the collateral as an account, the debtor objected that the only evidence of the obligation was a monthly bank statement. The court held that the bank statement itself did not qualify as the account under the statute.
Discovery of Association Records
The state sought production of the NAACP's financial documents to prove intrastate activity. Among the items ordered produced were the association's bank statements covering the preceding year. The organization resisted on First Amendment grounds, arguing that compelled disclosure of the statements would reveal member identities and chill associational rights.
Select any source to read its text and confirm it supports the definition.
Statutes
Uniform Acts
Dictionaries
NAACP v. Alabama ex rel. Patterson357 U.S. 449, 78 S. Ct. 1163, 2 L. Ed. 2d 1488 (1958)
Voter Identification Challenge
Brandon Black arrived at the polls without a photo ID. He presented a recent bank statement bearing his name and address as alternative documentation permitted under state law implementing HAVA. Election officials accepted the statement and allowed him to cast a regular ballot.
Crawford v. Marion County Election Board553 U.S. 181 (2008)
Cell Phone Search Scope
Police seized Riley's smartphone incident to arrest. A search of the device revealed a bank statement stored in the photos application showing recent deposits. Riley moved to suppress the statement, contending that the digital record fell outside the traditional search-incident-to-arrest exception.
Riley v. California573 U.S. 373 (2014)
Identity Theft Knowledge Element
Flores-Figueroa was charged with aggravated identity theft after using another person's Social Security number on employment documents. The government introduced bank statements the defendant had obtained from the victim's trash to prove he knew the number belonged to a real person. The defense argued the evidence failed to establish the required scienter.
Flores-Figueroa v. United States556 U.S. 646, 652, 129 S.Ct. 1886, 173 L.Ed.2d 853 (2009)
Civil Penalty Double Jeopardy
After Hudson paid a civil fine to banking regulators for filing false reports, the government brought criminal charges based on the same conduct. Hudson moved to dismiss, asserting that the prior administrative proceeding, which had examined his bank statements, constituted punishment for double-jeopardy purposes.
Hudson v. United States522 U.S. 93 (1997)
Common questions
Frequently Asked
4
How long must a lawyer preserve bank statements for client trust accounts?+
A lawyer must keep complete records of client trust account funds and preserve those records for five years after termination of the representation. Bank statements form part of the required complete records. Premature destruction prevents the lawyer from providing a requested accounting and violates the preservation duty.
Do individuals have a reasonable expectation of privacy in bank statements stored on a cell phone?+
Bank statements stored on a phone are among the many distinct types of information that together can reconstruct a person's private life. Their presence on a device with vast storage capacity therefore implicates privacy interests that a court must consider before permitting a warrantless search.
Can a bank statement serve as acceptable voter identification?+
Under HAVA, a current bank statement is one of the forms of documentation a first-time mail registrant may present when voting in person. Election officials must accept it if it satisfies the statutory criteria for written identification.
Are bank statements considered an account under UCC Article 9?+
The definition of account expressly excludes statement of account. Therefore a bank statement evidencing a right to payment is not itself an account that can be pledged as original collateral under the statute.
357 U.S. 449, 78 S. Ct. 1163, 2 L. Ed. 2d 1488 (1958)Constitutional Law
…hearing on this motion, the State moved for the production of a large number of the Association's records and papers, including bank statements, leases, deeds, and records containing the names and addresses of all Alabama "members" and "agents" of the Association. It alleged that all such documents were necessary for adequate…