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12 U.S.C. § 4204 — Ineligibility to file valid declarations
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
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Source file: Laws/federal/codes/united-states-code/title-12/section-4204-ineligibility-to-file-valid-declarations--0eef8cf0c2.md
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Source location: Title 12, Chapter 43, § 4204; chapter-043-actions-against-persons-committing-bank-fraud-crimes.md
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**(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 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 4202 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section4202&num=0&edition=prelim), or that a declaration has been disclosed in violation of [section 4203 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section4203&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 4205 or 4206 of this title.
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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 4201 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section4201&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 4206(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section4206/b&num=0&edition=prelim);
(2) the declarant receives notice of an award pursuant to [section 4206(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section4206/c&num=0&edition=prelim); or
(3) the declarant is granted a contract to pursue an action under section 4205(b) or 4207 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 chapter,11 See References in Text note below. the existence or filing of a declaration or the contents thereof to anyone other than a duly authorized Federa
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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 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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 12 U.S.C. § 4202
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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.
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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
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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 4201 through 4204 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 civil or criminal proceeding, 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 judgment, order, or settlement based in whole or in part on a valid declaration filed under [section 4201 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section4201&num=0&edition=prelim), the Attorney General shall notify the declarant in writing of such fact.
(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 subsection (c) or (d) of [section 4205 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section4205&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** If the Attorney General has not provided the declarant with notice under subsection (b) or a notice of invalidity pursuant to [section 4204 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section4204&num=0&edition=prelim) within the time period set forth in subsection (e), the Attorney General shall notify the declarant in writing that—
(1) there is a pending investigation or proceeding
Source: Supplied U.S. Code snapshot — release unconfirmed · 12 U.S.C. § 4206
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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. § 4204
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