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12 U.S.C. § 4221 — Filing of confidential declarations by private persons identifying specific assets
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** After the United States obtains a final judgment or settlement in any action referred to in [section 4201 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section4201&num=0&edition=prelim), any person may file a declaration identifying specific assets which might be recovered by the United States in satisfaction of that judgment or settlement.
**(b) Place of filing** A declaration under subsection (a) shall be filed with the Attorney General of the United States or with an agent designated by him for receiving declarations under this section.
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Stable record: federal_law:legal_authorities:record_usc_0954f4e9d81d342a81186f3f
Source file: Laws/federal/codes/united-states-code/title-12/section-4221-filing-of-confidential-declarations-by-private-persons-identifying-speci--e4f1c1a59d.md
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Source location: Title 12, Chapter 43, § 4221; chapter-043-actions-against-persons-committing-bank-fraud-crimes.md
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**(a) In general** After the United States obtains a final judgment or settlement in any action referred to in [section 4201 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section4201&num=0&edition=prelim), any person may file a declaration identifying specific assets which might be recovered by the United States in satisfaction of that judgment or settlement.
**(b) Place of filing** A declaration under subsection (a) shall be filed with the Attorney General of the United States or with an agent designated by him for receiving declarations under this section.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Any person may file a declaration of a violation giving rise to an action for civil penalties under [section 1833a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1833a&num=0&edition=prelim) affecting a depository institution insured by the Federal Deposit Insurance Corporation or any other agency or entity of the United States.
**(b) Place of filing** A declaration under subsection (a) shall be filed with the Attorney General of the United States or with an agent designated by the Attorney General for receiving declarations under this section.
Source: Supplied U.S. Code snapshot — release unconfirmed · 12 U.S.C. § 4201
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Federal law — U.S. Code and appendices · legal_authorities
A declaration filed pursuant to [section 4221 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section4221&num=0&edition=prelim) shall—
(1) set forth the name and address of the declarant and the basis for the declarant’s knowledge of the facts alleged;
(2) allege under oath or affirmation specific facts indicating the nature, location, and approximate dollar value of the asset or assets and the names of all persons known to the declarant to have possession, custody, or control of the asset or assets; and
(3) allege under oath or affirmation specific facts that establish a prima facie case showing that the asset is legally subject to attachment, garnishment, sequestration, or other proceeding in satisfaction of the judgment referred to in [section 4221 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section4221&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 12 U.S.C. § 4222
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Period of confidentiality** A declarant and the declarant’s agents shall not disclose the existence or filing of a declaration filed pursuant to [section 4221 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section4221&num=0&edition=prelim) until:
(1) the declarant receives notice that the Attorney General has concluded that an action should not be pursued under [section 4226(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section4226/b&num=0&edition=prelim);
(2) the declarant receives notice of an award pursuant to [section 4226(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section4226/c&num=0&edition=prelim); or
(3) the declarant is granted a contract to pursue an action under section 4225(b) or 4227 of this title.
**(b) Maintenance of confidentiality to prevent prejudice**
(1) Notwithstanding any other law, the contents of a declaration shall not be disclosed by the declarant if the disclosure would prejudice or compromise in any way the completion of any government investigation or any criminal or civil case that may arise out of, or make use of, information contained in a declaration, but information contained in a declaration may be disclosed as required by duly issued and authorized legal process.
(2) The Attorney General may in a circumstance described in paragraph (1) notify a declarant that continued confidentiality is required under this subsection notwithstanding paragraph (1) or (2) of subsection (a).
**(c) Loss of rights** A declarant who discloses, except as provided by this subchapter, the existence or filing of a declaration or the contents thereof to anyone other than a duly authorized Federal or State investigator or the dec
Source: Supplied U.S. Code snapshot — release unconfirmed · 12 U.S.C. § 4223
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** A declaration filed pursuant to [section 4221 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section4221&num=0&edition=prelim) and in accordance with sections 4222 and 4223 of this title is valid unless—
(1) the declaration is filed by a current or former officer or employee of a Federal or State government agency or instrumentality who discovered or gathered the information in the declaration, in whole or in part, while acting within the course of the declarant’s government employment;
(2) the declaration is filed by a person who knowingly participated in the violation of [section 1517 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1517&num=0&edition=prelim) or any of the sections of title 18 referred to in section 4201 11 So in original. Probably should be section “1833a(c)”. of this title, or any other fraudulent conduct with respect to which the declaration is made;
(3) the declaration is filed by an institution-affiliated party (as defined in [section 1813(u) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1813/u&num=0&edition=prelim)) who withheld information during the course of any bank examination or investigation authorized pursuant to [section 1820 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1820&num=0&edition=prelim) which such party owed a fiduciary duty to disclose;
(4) the declaration is filed by a member of the immediate family of the individual whose activities are the subject of the declaration or where, in the discretion of the Attorney General, it appears the individual could benefit from the award; or
(5) the declaration identifies an asset or assets the natur
Source: Supplied U.S. Code snapshot — release unconfirmed · 12 U.S.C. § 4224
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** A person who has filed a declaration that meets the requirements of sections 4221 through 4224 of this title shall have the rights stated in this section.
**(b) Civil action** If the Attorney General determines that a proceeding to recover the asset or assets identified in the declaration should be referred to private counsel pursuant to subchapter III, the declarant, after consultation with the Attorney General, shall have the right to select counsel to prosecute the action, and the declarant and the declarant’s counsel shall act in accordance with subchapter III.
**(c) Share of assets** When the United States recovers any asset or assets specifically identified in a valid declaration filed under [section 4221 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section4221&num=0&edition=prelim) and the Attorney General determines that the asset or assets would not have been recovered if the declaration had not been filed, the declarant shall have the right to share in the recovery in the amount of 20 percent to 30 percent of any recovery up to the first $1,000,000 recovered, 10 percent to 20 percent of the next $4,000,000 recovered, and 5 percent to 10 percent of the next $5,000,000 recovered.
**(d) Prohibition of double awards**
(1) No person shall receive both an award under this section and a reward under either [section 1831k of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1831k&num=0&edition=prelim) or section 3509A 11 See References in Text note below. of title 18 for providing the same or substantially similar information.
(2) When a person qualifies for both an award under this section and a reward under either [section 1831k of this title](https://uscode.house.go
Source: Supplied U.S. Code snapshot — release unconfirmed · 12 U.S.C. § 4225
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** A person who has filed a declaration that meets the requirements of sections 4221 through 4224 of this title shall have the rights stated in this section.
**(b) Notice of decision not to pursue** If, after review, the Attorney General concludes that the information contained in a declaration should not be pursued in a proceeding to recover the asset or assets, the Attorney General shall so notify the declarant in writing and shall provide a brief statement of the reasons that the declaration will not be pursued.
**(c) Judgment, order, or settlement**
(1) When the United States obtains a final judgment, order, or settlement transferring to the United States title to an asset or assets identified in a valid declaration filed under section 4221 11 See References in Text note below. of this title, the Attorney General shall notify the declarant in writing of the entry of the judgment, order, or settlement.
(2) A notice described in paragraph (1) shall contain—
(A) the Attorney General’s determination of the amount of the award due the declarant under [section 4225(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section4225/c&num=0&edition=prelim) upon recovery by the United States; and
(B) a short statement of reasons for the amount of the award.
**(d) Notice of pendency of investigation or proceeding**
(1) Subject to paragraph (2), if the Attorney General has not provided the declarant with notice under subsection (b) or a notice of invalidity pursuant to [section 4224 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section4224&num=0&edition=prelim) within 1 year after the date of filing of the declaration, the Attorney General shall notify the declarant in writing tha
Source: Supplied U.S. Code snapshot — release unconfirmed · 12 U.S.C. § 4226
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Federal law — U.S. Code and appendices · legal_authorities
Page 1622
TITLE 12—BANKS AND BANKING
§ 4209
1 See References in Text note below.
1 See References in Text note below.
action taken by the Attorney General or any re-
fusal to take action under this subchapter, ex-
cept for failure to provide notification under
section 4206 of this title.
(Pub. L. 101–647, title XXV, § 2568, Nov. 29, 1990,
104 Stat. 4898.)
§ 4209. Repealed. Pub. L. 107–273, div. A, title III,
§ 301(c)(3), Nov. 2, 2002, 116 Stat. 1781
Section, Pub. L. 101–647, title XXV, § 2569, Nov. 29,
1990, 104 Stat. 4898, related to Financial Institution In-
formation Award Fund.
§ 4210. Sources of payments to declarants
Notwithstanding any other law, an award
under this chapter 1 may be paid to a declarant,
or to an individual providing information, from
the amounts recovered through civil actions
based in whole or in part on the information
provided in a valid declaration under this chap-
ter.1
(Pub. L. 101–647, title XXV, § 2570, Nov. 29, 1990,
104 Stat. 4899.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in text, was in the original
‘‘this title’’, and was translated as reading ‘‘this sub-
title’’, meaning subtitle H of title XXV of Pub. L.
101–647, known as the Financial Institutions Anti-Fraud
Enforcement Act of 1990, which is classified principally
to this chapter, as the probable intent of Congress. For
complete classification of subtitle H to the Code, see
Short Title note set out under section 4201 of this title
and Tables.
§ 4211.
Repealed.
Pub.
L.
105–362,
title
X,
§ 1001(e), Nov. 10, 1998, 112 Stat. 3291
Section, Pub. L. 101–647, title XXV, § 2571, Nov. 29,
1990, 104 Stat. 4899, related to Government account-
ability and public reports on processing of declarations.
§ 4212. Protection for declarants
A de
Source: Supplied 2024 U.S. Code historical extraction · 12 U.S.C. § 4221
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