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12 U.S.C. § 4224 — Ineligibility to file valid declarations
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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Stable record: federal_law:legal_authorities:record_usc_10c4a88bada434d78074d2ae
Source file: Laws/federal/codes/united-states-code/title-12/section-4224-ineligibility-to-file-valid-declarations--e2b8478c79.md
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Source location: Title 12, Chapter 43, § 4224; chapter-043-actions-against-persons-committing-bank-fraud-crimes.md
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**(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 nature, location, or possible recovery of which has been disclosed to a member of the public in a criminal, civil, or administrative proceeding, in a congressional, administrative, or Government Accountability Office report, hearing, audit or investigation, by any other government source, or by the news media, unless the person providing the declaration is the original source of the information.
**(b) “Original source” defined** For the purposes of subsection (a)(5), the term “original source” means a person who has direct and independent knowledge of the information contained in the declaration and who voluntarily provided the information to the government prior to the disclosure.
**(c) Notice of invalidity** If the Attorney General determines at any time that a declaration is invalid under this section, that a declaration fails to meet the requirements of [section 4222 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section4222&num=0&edition=prelim), or that a declaration has been disclosed in violation of [section 4223 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section4223&num=0&edition=prelim), the Attorney General shall notify the person who filed the declaration in writing that the declaration is invalid, and the declarant shall not enjoy any of the rights of the declarant listed in section 4225 or 4226 of this title.
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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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 12 U.S.C. § 4221
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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 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
Whoever corruptly obstructs or attempts to obstruct any examination of a financial institution by an agency of the United States with jurisdiction to conduct an examination of such financial institution shall be fined under this title, imprisoned not more than 5 years, or both.
Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 1517
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Board of Directors; use of mails; cooperation with other Federal agencies** The Board of Directors shall administer the affairs of the Corporation fairly and impartially and without discrimination. The Board of Directors of the Corporation shall determine and prescribe the manner in which its obligations shall be incurred and its expenses allowed and paid. The Corporation shall be entitled to the free use of the United States mails in the same manner as the executive departments of the Government. The Corporation with the consent of any Federal Reserve bank or of any board, commission, independent establishment, or executive department of the Government, including any field service thereof, may avail itself of the use of information, services, and facilities thereof in carrying out the provisions of this chapter.
**(b) Examinations**
(1) **Appointment of examiners and claims agents** — The Board of Directors shall appoint examiners and claims agents.
(2) **Regular examinations** — Any examiner appointed under paragraph (1) shall have power, on behalf of the Corporation, to examine—
(A) any insured State nonmember bank or insured State branch of any foreign bank;
(B) any depository institution which files an application with the Corporation to become an insured depository institution; and
(C) any insured depository institution in default,
whenever the Board of Directors determines an examination of any such depository institution is necessary.
(3) **Special examination of any insured depository institution**
(A) *In general* — In addition to the examinations authorized under paragraph (2), any examiner appointed under paragraph (1) shall have power, on behalf of the Corporation, to make any special examination of any insured depository institution
Source: Supplied U.S. Code snapshot — release unconfirmed · 12 U.S.C. § 1820
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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 1623
TITLE 12—BANKS AND BANKING
§ 4225
1 So in original. Probably should be section ‘‘1833a(c)’’.
1 See References in Text note below.
information contained in a declaration may be
disclosed as required by duly issued and author-
ized legal process.
(2) The Attorney General may in a cir-
cumstance described in paragraph (1) notify a
declarant that continued confidentiality is re-
quired 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 declarant’s attorney shall
immediately lose all rights under this sub-
chapter.
(Pub. L. 101–647, title XXV, § 2578, Nov. 29, 1990,
104 Stat. 4900.)
§ 4224. Ineligibility to file valid declarations
(a) In general
A declaration filed pursuant to section 4221 of
this title 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 act-
ing within the course of the declarant’s gov-
ernment employment;
(2) the declaration is filed by a person who
knowingly participated in the violation of sec-
tion 1517 of title 18 or any of the sections of
title 18 referred to in section 4201 1 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) who withheld information during
the course
Source: Supplied 2024 U.S. Code historical extraction · 12 U.S.C. § 4224
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.