12 U.S.C. § 4208 — Nonreviewability of action by Attorney

Page 1621 TITLE 12—BANKS AND BANKING § 4208 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 judgment, order or settlement. (Pub. L. 101–647, title XXV, § 2565, Nov. 29, 1990, 104 Stat. 4896; Pub. L. 107–273, div. A, title III, § 301(c)(3), Nov. 2, 2002, 116 Stat. 1781.) Editorial Notes AMENDMENTS 2002—Subsec. (c)(1). Pub. L. 107–273 substituted ‘‘the Attorney General may, in his discretion, pay a reward to the declarant’’ for ‘‘, the declarant shall have the right to receive not less than $5,000 and not more than $100,000, any such award to be paid from the Financial Institution Information Award Fund established under section 4209 of this title.’’ Subsec. (e). Pub. L. 107–273 struck out heading and text of subsec. (e). Text read as follows: ‘‘(1) No person shall receive both an award under this section and a reward under either section 1831k of this title or section 3509A 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 or section 3509A of title 18 for providing the same or substantially similar information, the person may notify the Attorney General in writing of the per- son’s election to seek an award under this section or a reward under such other section.’’ § 4206. Rights of declarants; notifications; Gov- ernment accountability (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) 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 civil or criminal proceeding, the Attorney General shall so notify the declarant in writing and shall pro- vide 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 judg- ment, order, or settlement based in whole or in part on a valid declaration filed under section 4201 of this title, the Attorney General shall no- tify the declarant in writing of such fact. (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 subsection (c) or (d) of section 4205 of this title 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 pro- ceeding If the Attorney General has not provided the declarant with notice under subsection (b) or a notice of invalidity pursuant to section 4204 of this title within the time period set forth in sub- section (e), the Attorney General shall notify the declarant in writing that— (1) there is a pending investigation or pro- ceeding in the course of which the declarant’s allegations are being addressed; or (2) the declarant’s allegations have not yet been addressed. (e) Time for notices (1) In the case of a valid declaration filed not more than 3 years after November 29, 1990, the Attorney General shall send notification to a de- clarant pursuant to subsection (d) not later than 3 years after the date of filing of the declara- tion. (2)(A) Subject to subparagraph (B), in the case of a declaration filed more than 3 years after November 29, 1990, the Attorney General shall send notification not later than 1 year after the date of filing of the declaration. (B) If the Attorney General certifies that it is in the interest of the United States to give fur- ther consideration to the information provided in the declaration for an additional 90-day pe- riod, the Attorney General shall so notify the declarant in writing. (f) Confidentiality of notices All notices provided to a declarant under this section shall be kept confidential by the declar- ant in the same manner, and subject to the same penalties, as the declaration under section 4203 of this title. (Pub. L. 101–647, title XXV, § 2566, Nov. 29, 1990, 104 Stat. 4897.) § 4207. Unreviewed declarations; petition to pur- sue action as private contractor (a) Notification (1) If, pursuant to section 4206(d)(2) of this title, the Attorney General notifies a declarant that the declarant’s allegations have not yet been addressed, the declarant may notify the Attorney General to award a contract pursuant to subchapter III to pursue the case. (2) A declarant’s notification under paragraph (1) shall be filed with the Attorney General not later than 30 days after the date of service of no- tice under section 4206(d)(2) of this title, and the Attorney General shall respond to the notifica- tion not later than 30 days after receipt. (b) Contents of response In response to a notification under subsection (a)(1), the Attorney General shall— (1) grant a contract pursuant to subchapter III; or (2) proceed with an action. (c) Grant of contract If the Attorney General decides to grant a con- tract, the declarant, after consultation with the Attorney General, shall have the right to select counsel to prosecute an action, and the declar- ant and the declarant’s counsel shall act in ac- cordance with subchapter III. (Pub. L. 101–647, title XXV, § 2567, Nov. 29, 1990, 104 Stat. 4898.) § 4208. Nonreviewability of action by Attorney General Notwithstanding any other law, no court shall have jurisdiction over any claim based on any 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