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12 U.S.C. § 4225 — Rights of declarants; participation in actions, awards
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) 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
Source: Supplied U.S. Code snapshot — release unconfirmed · 12 U.S.C. § 4225
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Stable record: federal_law:legal_authorities:record_usc_ae364ef68f6c931c95657205
Source file: Laws/federal/codes/united-states-code/title-12/section-4225-rights-of-declarants-participation-in-actions-awards--129102968d.md
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Passage SHA-256: 9921183731ee5271d9de6e400b94f1227bb66fd5da5044f0f64eba2e568a63d2
Source location: Title 12, Chapter 43, § 4225; 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 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.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1831k&num=0&edition=prelim) or section 3509A 1 of title 18 for providing the same or substantially similar information, the person may notify the Attorney General in writing of the person’s election to seek an award under this section or a reward under such other section.
**(e) Appropriate Federal banking agency exception** For purposes of this section, funds or assets acquired by the United States shall not include 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 penalties recovered by a Federal banking agency through a final judgement, order, or settlement.
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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) In general** An appropriate Federal banking agency, with the concurrence of the Attorney General, may pay a reward to a person who provides original information which leads to—
(1) recovery of a criminal fine, restitution, or civil penalty—
(A) under—
(i) this chapter;
(ii) the Federal Credit Union Act [[12 U.S.C. 1751](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1751&num=0&edition=prelim) et seq.];
(iii) section 93(b), 164, or 481 to 485 of this title;
(iv) the Federal Reserve Act [[12 U.S.C. 221](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section221&num=0&edition=prelim) et seq.];
(v) the Bank Holding Company Act Amendments of 1970;
(vi) the Bank Holding Company Act of 1956 [[12 U.S.C. 1841](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1841&num=0&edition=prelim) et seq.];
(vii) the Home Owners’ Loan Act [[12 U.S.C. 1461](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1461&num=0&edition=prelim) et seq.]; or
(viii) [section 3663 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3663&num=0&edition=prelim) pursuant to a conviction for an offense referred to in subparagraph (B) of this paragraph,
(B) pursuant to a conviction for an offense under section 215, 656, 657, 1005, 1006, 1007, 1014, 1341, 1343, or 1344 of title 18 affecting a depository institution insured by the Federal Deposit Insurance Corporation, or for a conspiracy to commit such an offense; or
(C) under [section 1833a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1833a&num=0&edition=prelim); or
(2) a forfeiture under section 981 or 982 of title 18 that
Source: Supplied U.S. Code snapshot — release unconfirmed · 12 U.S.C. § 1831k
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Federal law — U.S. Code and appendices · legal_authorities
**(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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 12 U.S.C. § 4241
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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. § 4225
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