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12 U.S.C. § 4244 — Contract provisions

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

12 U.S.C. § 4244 — Contract provisions

A contract made with a private counsel under [section 4241 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section4241&num=0&edition=prelim) shall include— (1) a provision permitting the Attorney General to terminate either the contract or the private counsel’s representation of the United States in particular cases if the Attorney General finds that such action is in the best interests of the United States; (2) a provision requiring private counsel to transmit monthly to the Attorney General a report on the services relating to matters handled pursuant to the contract during the preceding month and the progress made during that period; and (3) a provision requiring that the initiation, settlement, dismissal, or compromise of a claim be approved by a duly appointed officer of the United States.

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Stable record: federal_law:legal_authorities:record_usc_f190c249ac9facef35ef380c
Source file: Laws/federal/codes/united-states-code/title-12/section-4244-contract-provisions--20d5a9fca4.md
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Source location: Title 12, Chapter 43, § 4244; chapter-043-actions-against-persons-committing-bank-fraud-crimes.md

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A contract made with a private counsel under [section 4241 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section4241&num=0&edition=prelim) shall include— (1) a provision permitting the Attorney General to terminate either the contract or the private counsel’s representation of the United States in particular cases if the Attorney General finds that such action is in the best interests of the United States; (2) a provision requiring private counsel to transmit monthly to the Attorney General a report on the services relating to matters handled pursuant to the contract during the preceding month and the progress made during that period; and (3) a provision requiring that the initiation, settlement, dismissal, or compromise of a claim be approved by a duly appointed officer of the United States.

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

12 U.S.C. § 4241 — Authority to enter into contracts for private counsel

**(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.

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

12 U.S.C. § 4243 — Representation

Notwithstanding sections 516, 518(b), 519, and 547(2) of title 28, private counsel retained under [section 4241 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section4241&num=0&edition=prelim) may represent the United States in litigation in connection with legal services furnished pursuant to the contract entered into with that counsel, subject to the requirements specified in [section 4244 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section4244&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 12 U.S.C. § 4243

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

12 U.S.C. § 4244 — Contract provisions

Page 1625 TITLE 12—BANKS AND BANKING § 4247 1 See References in Text note below. § 4229. Protection for declarants A declarant under this subchapter shall enjoy the protections of section 3059A(e) 1 of title 18. (Pub. L. 101–647, title XXV, § 2584, Nov. 29, 1990, 104 Stat. 4903.) Editorial Notes REFERENCES IN TEXT Section 3059A(e) of title 18, referred to in text, was re- pealed by Pub. L. 107–273, div. A, title III, § 301(c)(2), Nov. 2, 2002, 116 Stat. 1781. § 4230. Promulgation of regulations The Attorney General may promulgate any rules, regulations, or guidelines that, in the At- torney General’s judgment, are necessary and appropriate to the effective administration of this subchapter. (Pub. L. 101–647, title XXV, § 2585, Nov. 29, 1990, 104 Stat. 4903.) SUBCHAPTER III—USE OF PRIVATE LEGAL RESOURCES § 4241. Authority to enter into contracts for pri- vate counsel (a) In general The Attorney General may enter into con- tracts retaining private counsel to furnish legal services, including representation in investiga- tion, negotiation, compromise, settlement, liti- gation, and execution of judgments in the case of any civil action referred to in section 4201 of this title or section 4225 of this title. (b) Terms and conditions Each contract under subsection (a) shall in- clude the provisions described in section 4244 of this title 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 de- scribed in subsection (a) shall not exceed the contingency fee that counsel engaged in the pri- vate practice of law in the jurisdiction wherein the legal s

Source: Supplied 2024 U.S. Code historical extraction · 12 U.S.C. § 4244

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