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12 U.S.C. § 4226 — Rights of declarants; notifications; Government accountability
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) 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 proceeding to recover the asset or assets, 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 final judgment, order, or settlement transferring to the United States title to an asset or assets identified in a valid declaration filed under section 4221 11 See References in Text note below. of this title, the Attorney General shall notify the declarant in writing of the entry of the judgment, order, or settlement.
(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 [section 4225(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section4225/c&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**
(1) Subject to paragraph (2), if the Attorney General has not provided the declarant with notice under subsection (b) or a notice of invalidity pursuant to [section 4224 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section4224&num=0&edition=prelim) within 1 year after the date of filing of the declaration, the Attorney General shall notify the declarant in writing tha
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Stable record: federal_law:legal_authorities:record_usc_b30c8a3080ec19fecc3178ca
Source file: Laws/federal/codes/united-states-code/title-12/section-4226-rights-of-declarants-notifications-government-accountability--18f963f7d2.md
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Source location: Title 12, Chapter 43, § 4226; 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) 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 proceeding to recover the asset or assets, 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 final judgment, order, or settlement transferring to the United States title to an asset or assets identified in a valid declaration filed under section 4221 11 See References in Text note below. of this title, the Attorney General shall notify the declarant in writing of the entry of the judgment, order, or settlement.
(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 [section 4225(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section4225/c&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**
(1) Subject to paragraph (2), if the Attorney General has not provided the declarant with notice under subsection (b) or a notice of invalidity pursuant to [section 4224 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section4224&num=0&edition=prelim) within 1 year after the date of filing of the declaration, the Attorney General shall notify the declarant in writing that—
(A) there is a pending investigation or proceeding in the course of which the declarant’s allegations are being addressed; or
(B) the declarant’s allegations have not yet been addressed.
(2) 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.
**(e) 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 4223 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section4223&num=0&edition=prelim).
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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** A declaration filed pursuant to [section 4221 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section4221&num=0&edition=prelim) 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 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 4201 11 So in original. Probably should be section “1833a(c)”. 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](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 identifies an asset or assets the natur
Source: Supplied U.S. Code snapshot — release unconfirmed · 12 U.S.C. § 4224
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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 4221 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section4221&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 4226(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section4226/b&num=0&edition=prelim);
(2) the declarant receives notice of an award pursuant to [section 4226(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section4226/c&num=0&edition=prelim); or
(3) the declarant is granted a contract to pursue an action under section 4225(b) or 4227 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 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 dec
Source: Supplied U.S. Code snapshot — release unconfirmed · 12 U.S.C. § 4223
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Federal law — U.S. Code and appendices · legal_authorities
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 4226 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section4226&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 12 U.S.C. § 4228
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Federal law — U.S. Code and appendices · legal_authorities
Page 1624
TITLE 12—BANKS AND BANKING
§ 4226
1 See References in Text note below.
(e) Appropriate Federal banking agency excep-
tion
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 pen-
alties recovered by a Federal banking agency
through a final judgement, order, or settlement.
(Pub. L. 101–647, title XXV, § 2580, Nov. 29, 1990,
104 Stat. 4901.)
Editorial Notes
REFERENCES IN TEXT
Section 3509A of title 18, referred to in subsec. (d),
probably is a reference to former section 3059A of title
18, which was repealed by Pub. L. 107–273, div. A, title
III, § 301(c)(2), Nov. 2, 2002, 116 Stat. 1781.
§ 4226. Rights of declarants; notifications; Gov-
ernment accountability
(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) Notice of decision not to pursue
If, after review, the Attorney General con-
cludes that the information contained in a dec-
laration should not be pursued in a proceeding
to recover the asset or assets, the Attorney Gen-
eral 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 final
judgment, order, or settlement transferring to
the United States title to an asset or assets
identified in a valid declaration filed under sec-
tion 4221 1 of this title, the Attorney General
shall notify the declarant in writing of the entry
of the judg
Source: Supplied 2024 U.S. Code historical extraction · 12 U.S.C. § 4226
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