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 services are furnished typically charge clients for furnishing the same or comparable legal services. (d) Contingent fees Notwithstanding section 3302(b) of title 31, a contract under this section shall provide that a fee that the United States pays private counsel for services is payable from the amount recov- ered and shall be based on a percentage of the civil penalties or assets recovered. (Pub. L. 101–647, title XXV, § 2588, Nov. 29, 1990, 104 Stat. 4905.) § 4242. Contract decisions nonreviewable Notwithstanding any other law, no court shall have jurisdiction over any claim based on the Attorney General’s decision to refuse to enter into a contract for legal services referred to in section 4241 of this title. (Pub. L. 101–647, title XXV, § 2589, Nov. 29, 1990, 104 Stat. 4905.) § 4243. Representation Notwithstanding sections 516, 518(b), 519, and 547(2) of title 28, private counsel retained under section 4241 of this title 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 re- quirements specified in section 4244 of this title. (Pub. L. 101–647, title XXV, § 2590, Nov. 29, 1990, 104 Stat. 4906.) § 4244. Contract provisions A contract made with a private counsel under section 4241 of this title shall include— (1) a provision permitting the Attorney Gen- eral to terminate either the contract or the private counsel’s representation of the United States in particular cases if the Attorney Gen- eral finds that such action is in the best inter- ests 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 han- dled pursuant to the contract during the pre- ceding 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. (Pub. L. 101–647, title XXV, § 2591, Nov. 29, 1990, 104 Stat. 4906.) § 4245. Counterclaims Any counterclaim filed in any action brought on behalf of the United States by private coun- sel retained under section 4241 of this title may not be asserted unless the counterclaim has been served directly on the Attorney General and the United States Attorney for the judicial district in which, or embracing the place in which, the action is pending. Such service shall be made in accordance with the rules of proce- dure of the court in which the action on behalf of the United States is pending. (Pub. L. 101–647, title XXV, § 2592, Nov. 29, 1990, 104 Stat. 4906.) § 4246. Awards of costs and fees to prevailing plaintiff When the United States, through private coun- sel retained under this subchapter, prevails in any civil action, the court, in its discretion, may allow the United States reasonable attor- ney’s fees and other expenses of litigation as part of the costs. (Pub. L. 101–647, title XXV, § 2593, Nov. 29, 1990, 104 Stat. 4906.) § 4247. Promulgation of regulations The Attorney General may promulgate any rules, regulations, or guidelines that, in the At-