12 U.S.C. § 4223 — Confidentiality 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 Repealed.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 Repealed.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 Page 1623 TITLE 12—BANKS AND BANKING § 4225 1 So in original. Probably should be section ‘‘1833a(c)’’. 1 See References in Text note below. information contained in a declaration may be disclosed as required by duly issued and author- ized legal process. (2) The Attorney General may in a cir- cumstance described in paragraph (1) notify a declarant that continued confidentiality is re- quired 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 declarant’s attorney shall immediately lose all rights under this sub- chapter. (Pub. L. 101–647, title XXV, § 2578, Nov. 29, 1990, 104 Stat. 4900.) § 4224. Ineligibility to file valid declarations (a) In general A declaration filed pursuant to section 4221 of this title 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 act- ing within the course of the declarant’s gov- ernment employment; (2) the declaration is filed by a person who knowingly participated in the violation of sec- tion 1517 of title 18 or any of the sections of title 18 referred to in section 4201 1 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) who withheld information during the course of any bank examination or inves- tigation authorized pursuant to section 1820 of this title 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 Gen- eral, it appears the individual could benefit from the award; or (5) the declaration identifies an asset or as- sets the nature, location, or possible recovery of which has been disclosed to a member of the public in a criminal, civil, or administrative proceeding, in a congressional, administrative, or Government Accountability Office report, hearing, audit or investigation, by any other government source, or by the news media, un- less the person providing the declaration is the original source of the information. (b) ‘‘Original source’’ defined For the purposes of subsection (a)(5), the term ‘‘original source’’ means a person who has direct and independent knowledge of the information contained in the declaration and who volun- tarily provided the information to the govern- ment prior to the disclosure. (c) Notice of invalidity If the Attorney General determines at any time that a declaration is invalid under this sec- tion, that a declaration fails to meet the re- quirements of section 4222 of this title, or that a declaration has been disclosed in violation of section 4223 of this title, the Attorney General shall notify the person who filed the declaration in writing that the declaration is invalid, and the declarant shall not enjoy any of the rights of the declarant listed in section 4225 or 4226 of this title. (Pub. L. 101–647, title XXV, § 2579, Nov. 29, 1990, 104 Stat. 4900; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814.) Editorial Notes AMENDMENTS 2004—Subsec. (a)(5). Pub. L. 108–271 substituted ‘‘Gov- ernment Accountability Office’’ for ‘‘General Account- ing Office’’. § 4225. Rights of declarants; participation in ac- tions, 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 pro- ceeding to recover the asset or assets identified in the declaration should be referred to private counsel pursuant to subchapter III, the declar- ant, after consultation with the Attorney Gen- eral, 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 declara- tion filed under section 4221 of this title and the Attorney General determines that the asset or assets would not have been recovered if the dec- laration 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 recov- ery 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 re- covered. (d) Prohibition of double awards (1) No person shall receive both an award under this section and a reward under either sec- tion 1831k of this title or section 3509A 1 of title 18 for providing the same or substantially simi- lar information. (2) When a person qualifies for both an award under this section and a reward under either sec- tion 1831k of this title or section 3509A 1 of title 18 for providing the same or substantially simi- lar information, the person may notify the At- torney General in writing of the person’s elec- tion to seek an award under this section or a re- ward under such other section.