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12 U.S.C. § 4202 — Contents of declarations
Federal law — U.S. Code and appendices · legal_authorities
A declaration filed pursuant to [section 4201 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section4201&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, relating to a particular transaction or transactions, which constitute a prima facie case 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;
(3) contain at least 1 new factual element necessary to establish a prima facie case that was unknown to the Government at the time of filing; and
(4) set forth all facts supporting the allegation of a violation described in paragraph (2) known to the declarant, along with the names of material witnesses and the nature and location of documentary evidence known to the declarant.
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Stable record: federal_law:legal_authorities:record_usc_446e624caf6a3005ad021d22
Source file: Laws/federal/codes/united-states-code/title-12/section-4202-contents-of-declarations--13a7dfd829.md
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Source location: Title 12, Chapter 43, § 4202; chapter-043-actions-against-persons-committing-bank-fraud-crimes.md
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A declaration filed pursuant to [section 4201 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section4201&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, relating to a particular transaction or transactions, which constitute a prima facie case 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;
(3) contain at least 1 new factual element necessary to establish a prima facie case that was unknown to the Government at the time of filing; and
(4) set forth all facts supporting the allegation of a violation described in paragraph (2) known to the declarant, along with the names of material witnesses and the nature and location of documentary evidence known to the declarant.
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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) In general** Whoever violates any provision of law to which this section is made applicable by subsection (c) shall be subject to a civil penalty in an amount assessed by the court in a civil action under this section.
**(b) Maximum amount of penalty**
(1) **Generally** — The amount of the civil penalty shall not exceed $1,000,000.
(2) **Special rule for continuing violations** — In the case of a continuing violation, the amount of the civil penalty may exceed the amount described in paragraph (1) but may not exceed the lesser of $1,000,000 per day or $5,000,000.
(3) **Special rule for violations creating gain or loss**
(A) If any person derives pecuniary gain from the violation, or if the violation results in pecuniary loss to a person other than the violator, the amount of the civil penalty may exceed the amounts described in paragraphs (1) and (2) but may not exceed the amount of such gain or loss.
(B) As used in this paragraph, the term “person” includes the Bank Insurance Fund, the Savings Association Insurance Fund, and after the merger of such funds, the Deposit Insurance Fund, and the National Credit Union Share Insurance Fund.
**(c) Violations to which penalty is applicable** This section applies to a violation of, or a conspiracy to violate—
(1) section 215, 656, 657, 1005, 1006, 1007, 1014, or 1344 of title 18;
(2) section 287, 1001, 1032,11 See 1990 Amendment note below. 1341 or 1343 of title 18 affecting a federally insured financial institution; or
(3) [section 645(a) of title 15](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section645/a&num=0&edition=prelim).
**(d) Effective date** This section shall apply to violations occurring on or after August 10, 1984.
**(e) Attorney General to bring action** A civil act
Source: Supplied U.S. Code snapshot — release unconfirmed · 12 U.S.C. § 1833a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** A declaration filed pursuant to section 4201 11 See References in Text note below. of this title and in accordance with sections 4202 and 4203 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 1833a(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1833a/c&num=0&edition=prelim), 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 consists of allegations or transactions that have be
Source: Supplied U.S. Code snapshot — release unconfirmed · 12 U.S.C. § 4204
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Federal law — U.S. Code and appendices · legal_authorities
Page 1619
TITLE 12—BANKS AND BANKING
§ 4204
1 See References in Text note below.
1 See References in Text note below.
(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 Attor-
ney General for receiving declarations under
this section.
(Pub. L. 101–647, title XXV, § 2561, Nov. 29, 1990,
104 Stat. 4894.)
Statutory Notes and Related Subsidiaries
SHORT TITLE
Pub. L. 101–647, title XXV, § 2560, Nov. 29, 1990, 104
Stat. 4893, provided that: ‘‘This subtitle [subtitle H
(§§ 2560–2594) of title XXV of Pub. L. 101–647, enacting
this chapter and section 3059A of Title 18, Crimes and
Criminal Procedure, and amending section 1831k of this
title] may be cited as the ‘Financial Institutions Anti-
Fraud Enforcement Act of 1990’.’’
§ 4202. Contents of declarations
A declaration filed pursuant to section 4201 of
this title shall—
(1) set forth the name and address of the de-
clarant and the basis for the declarant’s
knowledge of the facts alleged;
(2) allege under oath or affirmation specific
facts, relating to a particular transaction or
transactions, which constitute a prima facie
case of a violation giving rise to an action for
civil penalties under section 1833a of this title
affecting a depository institution insured by
the Federal Deposit Insurance Corporation or
any other agency or entity of the United
States;
(3) contain at least 1 new factual element
necessary to establish a prima facie case that
was unknown to the Government at the time
of filing; and
(4) set forth all facts supporting the allega-
tion of a violation described in paragraph (2)
known to the declarant, along with the names
of material witnesses and the nature and loca-
tion of doc
Source: Supplied 2024 U.S. Code historical extraction · 12 U.S.C. § 4202
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