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12 U.S.C. § 4206 — Rights of declarants; notifications; Government accountability

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

12 U.S.C. § 4206 — Rights of declarants; notifications; Government accountability

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Source file: Laws/federal/codes/united-states-code/title-12/section-4206-rights-of-declarants-notifications-government-accountability--874733f227.md
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Source location: Title 12, Chapter 43, § 4206; chapter-043-actions-against-persons-committing-bank-fraud-crimes.md

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**(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 in the course of which the declarant’s allegations are being addressed; or (2) the declarant’s allegations have not yet been addressed. **(e) Time for notices** (1) In the case of a valid declaration filed not more than 3 years after November 29, 1990, the Attorney General shall send notification to a declarant pursuant to subsection (d) not later than 3 years after the date of filing of the declaration. (2) (A) Subject to subparagraph (B), in the case of a declaration filed more than 3 years after November 29, 1990, the Attorney General shall send notification not later than 1 year after the date of filing of the declaration. (B) If the Attorney General certifies that it is in the interest of the United States to give further consideration to the information provided in the declaration for an additional 90-day period, the Attorney General shall so notify the declarant in writing. **(f) Confidentiality of notices** All notices provided to a declarant under this section shall be kept confidential by the declarant in the same manner, and subject to the same penalties, as the declaration under [section 4203 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section4203&num=0&edition=prelim).

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

12 U.S.C. § 4203 — Confidentiality of declarations

**(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

12 U.S.C. § 4205 — Rights of declarants; participation in actions, awards

**(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) Civil action** If the Attorney General determines that a cause of 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) based on 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) Criminal conviction** (1) When the United States obtains a criminal conviction and the Attorney General determines that the conviction was based in whole or in part on the information contained in 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 may, in his discretion, pay a reward to the declarant 11 So in original. Probably should be followed by a period. (2) In determining the size of any award under paragraph (1), the Attorney General may, in the Attorney General’s discretion, consider any appropriate factor, including— (A) the seriousness of the offense for which the conviction was obtained; (B) the extent to which the facts alleged in the declaration contributed to the conviction; (C) the number of offenders apprehended pursuant to information provided by the declarant; (D) whether or not the offender was previously under investigation by any law enforcement agency when the declaration was filed; (E) the extent t

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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. § 4204 — Ineligibility to file valid declarations

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

12 U.S.C. § 4208 — Nonreviewability of action by Attorney General

Notwithstanding any other law, no court shall have jurisdiction over any claim based on any action taken by the Attorney General or any refusal to take action under this subchapter, except for failure to provide notification under [section 4206 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section4206&num=0&edition=prelim).

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

12 U.S.C. § 4206 — Rights of declarants; notifications; Gov-

Page 1621 TITLE 12—BANKS AND BANKING § 4208 any funds or assets acquired by any appropriate Federal banking agency acting in any capacity or the Resolution Trust Corporation acting in any capacity, except for any civil money pen- alties recovered by a Federal banking agency through a final judgment, order or settlement. (Pub. L. 101–647, title XXV, § 2565, Nov. 29, 1990, 104 Stat. 4896; Pub. L. 107–273, div. A, title III, § 301(c)(3), Nov. 2, 2002, 116 Stat. 1781.) Editorial Notes AMENDMENTS 2002—Subsec. (c)(1). Pub. L. 107–273 substituted ‘‘the Attorney General may, in his discretion, pay a reward to the declarant’’ for ‘‘, the declarant shall have the right to receive not less than $5,000 and not more than $100,000, any such award to be paid from the Financial Institution Information Award Fund established under section 4209 of this title.’’ Subsec. (e). Pub. L. 107–273 struck out heading and text of subsec. (e). Text read as follows: ‘‘(1) No person shall receive both an award under this section and a reward under either section 1831k of this title or section 3509A 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 or section 3509A of title 18 for providing the same or substantially similar information, the person may notify the Attorney General in writing of the per- son’s election to seek an award under this section or a reward under such other section.’’ § 4206. Rights of declarants; notifications; Gov- ernment accountability (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.

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