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12 U.S.C. § 1831k — Reward for information leading to recoveries or civil penalties

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

12 U.S.C. § 1831k — Reward for information leading to recoveries or civil penalties

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Source file: Laws/federal/codes/united-states-code/title-12/section-1831k-reward-for-information-leading-to-recoveries-or-civil-penalties--adb428935e.md
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Source location: Title 12, Chapter 16, § 1831k; chapter-016-federal-deposit-insurance-corporation.md

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**(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 arises in connection with a depository institution insured by the Federal Deposit Insurance Corporation. **(b) Percentage limitation** An appropriate Federal banking agency may not pay a reward under subsection (a) of more than 25 percent of the amount of the fine, penalty, restitution, or forfeiture or $100,000, whichever is less. **(c) Officials and persons ineligible** An appropriate Federal banking agency may not pay a reward under subsection (a) to— (1) an officer or employee of the United States or of a State or local government who provides information described in subsection (a), obtained in the performance of official duties; or (2) a person who— (A) deliberately causes or participates in the alleged violation of law or regulation, or (B) knowingly or recklessly provides substantially false information to such an agency or the Attorney General. **(d) Nonreviewability** Any agency decision under this section is final and not reviewable by any court.

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

12 U.S.C. § 221 — Definitions

Wherever the word “bank” is used in this chapter, the word shall be held to include State bank, banking association, and trust company, except where national banks or Federal reserve banks are specifically referred to. For purposes of this chapter, a State bank includes any bank which is operating under the Code of Law for the District of Columbia.

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

18 U.S.C. § 3663 — Order of restitution

**(a)** (1) (A) The court, when sentencing a defendant convicted of an offense under this title, section 401, 408(a), 409, 416, 420, or 422(a) of the Controlled Substances Act ([21 U.S.C. 841](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section841&num=0&edition=prelim), 848(a), 849, 856, 861, 863) (but in no case shall a participant in an offense under such sections be considered a victim of such offense under this section), or section 5124, 46312, 46502, or 46504 of title 49, other than an offense described in section 3663A(c), may order, in addition to or, in the case of a misdemeanor, in lieu of any other penalty authorized by law, that the defendant make restitution to any victim of such offense, or if the victim is deceased, to the victim’s estate. The court may also order, if agreed to by the parties in a plea agreement, restitution to persons other than the victim of the offense. (B) (i) The court, in determining whether to order restitution under this section, shall consider— (I) the amount of the loss sustained by each victim as a result of the offense; and (II) the financial resources of the defendant, the financial needs and earning ability of the defendant and the defendant’s dependents, and such other factors as the court deems appropriate. (ii) To the extent that the court determines that the complication and prolongation of the sentencing process resulting from the fashioning of an order of restitution under this section outweighs the need to provide restitution to any victims, the court may decline to make such an order. (2) For the purposes of this section, the term “victim” means a person directly and proximately harmed as a result of the commission of an offense for which restitution may be orde

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12 U.S.C. § 1461 — Short title

This chapter may be cited as the “Home Owners’ Loan Act.”

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

12 U.S.C. § 1751 — Agent of Federal Reserve System

The facility is authorized to act upon the request of the Board of Governors of the Federal Reserve System as an agent of the Federal Reserve System in matters pertaining to credit unions under such terms and conditions as may be established by the Board of Governors of the Federal Reserve System.

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

12 U.S.C. § 1833a — Civil penalties

**(a) In general** Whoever violates any provision of law to which this section is made applicable by subsection (c) shall be subject to a civil penalty in an amount assessed by the court in a civil action under this section. **(b) Maximum amount of penalty** (1) **Generally** — The amount of the civil penalty shall not exceed $1,000,000. (2) **Special rule for continuing violations** — In the case of a continuing violation, the amount of the civil penalty may exceed the amount described in paragraph (1) but may not exceed the lesser of $1,000,000 per day or $5,000,000. (3) **Special rule for violations creating gain or loss** (A) If any person derives pecuniary gain from the violation, or if the violation results in pecuniary loss to a person other than the violator, the amount of the civil penalty may exceed the amounts described in paragraphs (1) and (2) but may not exceed the amount of such gain or loss. (B) As used in this paragraph, the term “person” includes the Bank Insurance Fund, the Savings Association Insurance Fund, and after the merger of such funds, the Deposit Insurance Fund, and the National Credit Union Share Insurance Fund. **(c) Violations to which penalty is applicable** This section applies to a violation of, or a conspiracy to violate— (1) section 215, 656, 657, 1005, 1006, 1007, 1014, or 1344 of title 18; (2) section 287, 1001, 1032,11 See 1990 Amendment note below. 1341 or 1343 of title 18 affecting a federally insured financial institution; or (3) [section 645(a) of title 15](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section645/a&num=0&edition=prelim). **(d) Effective date** This section shall apply to violations occurring on or after August 10, 1984. **(e) Attorney General to bring action** A civil act

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

12 U.S.C. § 1841 — Definitions

**(a)** (1) Except as provided in paragraph (5) of this subsection, “bank holding company” means any company which has control over any bank or over any company that is or becomes a bank holding company by virtue of this chapter. (2) Any company has control over a bank or over any company if— (A) the company directly or indirectly or acting through one or more other persons owns, controls, or has power to vote 25 per centum or more of any class of voting securities of the bank or company; (B) the company controls in any manner the election of a majority of the directors or trustees of the bank or company; or (C) the Board determines, after notice and opportunity for hearing, that the company directly or indirectly exercises a controlling influence over the management or policies of the bank or company. (3) For the purposes of any proceeding under paragraph (2)(C) of this subsection, there is a presumption that any company which directly or indirectly owns, controls, or has power to vote less than 5 per centum of any class of voting securities of a given bank or company does not have control over that bank or company. (4) In any administrative or judicial proceeding under this chapter, other than a proceeding under paragraph (2)(C) of this subsection, a company may not be held to have had control over any given bank or company at any given time unless that company, at the time in question, directly or indirectly owned, controlled, or had power to vote 5 per centum or more of any class of voting securities of the bank or company, or had already been found to have control in a proceeding under paragraph (2)(C). (5) Notwithstanding any other provision of this subsection— (A) No bank and no company owning or controlling voting shares of a bank is a bank hold

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

12 U.S.C. § 226 — “Federal Reserve Act”

The short title of the Act of December 23, 1913, ch. 6, 38 Stat. 251, shall be the “Federal Reserve Act.”

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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. § 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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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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