12 U.S.C. § 4222 — Contents of declarations

Page 1622 TITLE 12—BANKS AND BANKING § 4209 1 See References in Text note below. 1 See References in Text note below. action taken by the Attorney General or any re- fusal to take action under this subchapter, ex- cept for failure to provide notification under section 4206 of this title. (Pub. L. 101–647, title XXV, § 2568, Nov. 29, 1990, 104 Stat. 4898.) § 4209. Repealed. Pub. L. 107–273, div. A, title III, § 301(c)(3), Nov. 2, 2002, 116 Stat. 1781 Section, Pub. L. 101–647, title XXV, § 2569, Nov. 29, 1990, 104 Stat. 4898, related to Financial Institution In- formation Award Fund. § 4210. Sources of payments to declarants Notwithstanding any other law, an award under this chapter 1 may be paid to a declarant, or to an individual providing information, from the amounts recovered through civil actions based in whole or in part on the information provided in a valid declaration under this chap- ter.1 (Pub. L. 101–647, title XXV, § 2570, Nov. 29, 1990, 104 Stat. 4899.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this title’’, and was translated as reading ‘‘this sub- title’’, meaning subtitle H of title XXV of Pub. L. 101–647, known as the Financial Institutions Anti-Fraud Enforcement Act of 1990, which is classified principally to this chapter, as the probable intent of Congress. For complete classification of subtitle H to the Code, see Short Title note set out under section 4201 of this title and Tables. § 4211. Repealed. Pub. L. 105–362, title X, § 1001(e), Nov. 10, 1998, 112 Stat. 3291 Section, Pub. L. 101–647, title XXV, § 2571, Nov. 29, 1990, 104 Stat. 4899, related to Government account- ability and public reports on processing of declarations. § 4212. 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, § 2572, Nov. 29, 1990, 104 Stat. 4899.) 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. § 4213. 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, § 2573, Nov. 29, 1990, 104 Stat. 4899.) SUBCHAPTER II—DECLARATIONS PRO- VIDING UNITED STATES WITH NEW IN- FORMATION CONCERNING RECOVERY OF ASSETS § 4221. Filing of confidential declarations by pri- vate persons identifying specific assets (a) In general After the United States obtains a final judg- ment or settlement in any action referred to in section 4201 of this title, any person may file a declaration identifying specific assets which might be recovered by the United States in sat- isfaction 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. (Pub. L. 101–647, title XXV, § 2576, Nov. 29, 1990, 104 Stat. 4899.) § 4222. Contents of declarations A declaration filed pursuant to section 4221 of this title shall— (1) set forth the name and address of the de- clarant and the basis for the declarant’s knowledge of the facts alleged; (2) allege under oath or affirmation specific facts indicating the nature, location, and ap- proximate dollar value of the asset or assets and the names of all persons known to the de- clarant to have possession, custody, or control of the asset or assets; and (3) allege under oath or affirmation specific facts that establish a prima facie case showing that the asset is legally subject to attach- ment, garnishment, sequestration, or other proceeding in satisfaction of the judgment re- ferred to in section 4221 of this title. (Pub. L. 101–647, title XXV, § 2577, Nov. 29, 1990, 104 Stat. 4900.) § 4223. Confidentiality of declarations (a) Period of confidentiality A declarant and the declarant’s agents shall not disclose the existence or filing of a declara- tion filed pursuant to section 4221 of this title until: (1) the declarant receives notice that the At- torney General has concluded that an action should not be pursued under section 4226(b) of this title; (2) the declarant receives notice of an award pursuant to section 4226(c) of this title; 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 con- tents 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