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12 U.S.C. § 4241 — Authority to enter into contracts for private counsel

Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 4241 — Authority to enter into contracts for private counsel

**(a) In general** The Attorney General may enter into contracts retaining private counsel to furnish legal services, including representation in investigation, negotiation, compromise, settlement, litigation, and execution of judgments in the case of any civil 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) or [section 4225 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section4225&num=0&edition=prelim). **(b) Terms and conditions** Each contract under subsection (a) shall include the provisions described in [section 4244 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section4244&num=0&edition=prelim) and such other terms and conditions as the Attorney General considers necessary and appropriate to protect the interests of the United States. **(c) Limitation of fee** The amount of the contingency fee payable for legal services furnished under a contract described in subsection (a) shall not exceed the contingency fee that counsel engaged in the private practice of law in the jurisdiction wherein the legal services are furnished typically charge clients for furnishing the same or comparable legal services. **(d) Contingent fees** Notwithstanding [section 3302(b) of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3302/b&num=0&edition=prelim), a contract under this section shall provide that a fee that the United States pays private counsel for services is payable from the amount recovered and shall be based on a percentage of the civil penalties or assets recovered.

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Source file: Laws/federal/codes/united-states-code/title-12/section-4241-authority-to-enter-into-contracts-for-private-counsel--47e0616e65.md
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Source location: Title 12, Chapter 43, § 4241; chapter-043-actions-against-persons-committing-bank-fraud-crimes.md

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Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 4201 — Filing of confidential declarations by private persons

**(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.

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Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 4225 — Rights of declarants; participation in actions, awards

**(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

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Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 4244 — Contract provisions

A contract made with a private counsel under [section 4241 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section4241&num=0&edition=prelim) shall include— (1) a provision permitting the Attorney General to terminate either the contract or the private counsel’s representation of the United States in particular cases if the Attorney General finds that such action is in the best interests of the United States; (2) a provision requiring private counsel to transmit monthly to the Attorney General a report on the services relating to matters handled pursuant to the contract during the preceding month and the progress made during that period; and (3) a provision requiring that the initiation, settlement, dismissal, or compromise of a claim be approved by a duly appointed officer of the United States.

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Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 4242 — Contract decisions nonreviewable

Notwithstanding any other law, no court shall have jurisdiction over any claim based on the Attorney General’s decision to refuse to enter into a contract for legal services referred to in [section 4241 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section4241&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 4243 — Representation

Notwithstanding sections 516, 518(b), 519, and 547(2) of title 28, private counsel retained under [section 4241 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section4241&num=0&edition=prelim) may represent the United States in litigation in connection with legal services furnished pursuant to the contract entered into with that counsel, subject to the requirements specified in [section 4244 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section4244&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 4245 — Counterclaims

Any counterclaim filed in any action brought on behalf of the United States by private counsel retained under [section 4241 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section4241&num=0&edition=prelim) may not be asserted unless the counterclaim has been served directly on the Attorney General and the United States Attorney for the judicial district in which, or embracing the place in which, the action is pending. Such service shall be made in accordance with the rules of procedure of the court in which the action on behalf of the United States is pending.

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Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 4241 — Authority to enter into contracts for pri-

Page 1625 TITLE 12—BANKS AND BANKING § 4247 1 See References in Text note below. § 4229. Protection for declarants A declarant under this subchapter shall enjoy the protections of section 3059A(e) 1 of title 18. (Pub. L. 101–647, title XXV, § 2584, Nov. 29, 1990, 104 Stat. 4903.) Editorial Notes REFERENCES IN TEXT Section 3059A(e) of title 18, referred to in text, was re- pealed by Pub. L. 107–273, div. A, title III, § 301(c)(2), Nov. 2, 2002, 116 Stat. 1781. § 4230. Promulgation of regulations The Attorney General may promulgate any rules, regulations, or guidelines that, in the At- torney General’s judgment, are necessary and appropriate to the effective administration of this subchapter. (Pub. L. 101–647, title XXV, § 2585, Nov. 29, 1990, 104 Stat. 4903.) SUBCHAPTER III—USE OF PRIVATE LEGAL RESOURCES § 4241. Authority to enter into contracts for pri- vate counsel (a) In general The Attorney General may enter into con- tracts retaining private counsel to furnish legal services, including representation in investiga- tion, negotiation, compromise, settlement, liti- gation, and execution of judgments in the case of any civil action referred to in section 4201 of this title or section 4225 of this title. (b) Terms and conditions Each contract under subsection (a) shall in- clude the provisions described in section 4244 of this title and such other terms and conditions as the Attorney General considers necessary and appropriate to protect the interests of the United States. (c) Limitation of fee The amount of the contingency fee payable for legal services furnished under a contract de- scribed in subsection (a) shall not exceed the contingency fee that counsel engaged in the pri- vate practice of law in the jurisdiction wherein the legal s

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