US (United States) Code. Title 12. Chapter 43: Actions against persons committing bank fraud crimes

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Banks and banking

  • Enviado por: El remitente no desea revelar su nombre
  • Idioma: inglés
  • País: Estados Unidos Estados Unidos
  • 35 páginas
publicidad

-CITE-

12 USC CHAPTER 43 - ACTIONS AGAINST PERSONS COMMITTING

BANK FRAUD CRIMES 01/06/03

-EXPCITE-

TITLE 12 - BANKS AND BANKING

CHAPTER 43 - ACTIONS AGAINST PERSONS COMMITTING BANK FRAUD CRIMES

.

-HEAD-

CHAPTER 43 - ACTIONS AGAINST PERSONS COMMITTING BANK FRAUD CRIMES

-MISC1-

SUBCHAPTER I - DECLARATIONS PROVIDING NEW CLAIMS TO UNITED STATES

Sec.

4201. Filing of confidential declarations by private persons.

(a) In general.

(b) Place of filing.

4202. Contents of declarations.

4203. Confidentiality of declarations.

(a) Period of confidentiality.

(b) Maintenance of confidentiality to prevent

prejudice.

(c) Loss of rights.

4204. Ineligibility to file valid declarations.

(a) In general.

(b) ''Original source'' defined.

(c) Notice of invalidity.

4205. Rights of declarants; participation in actions, awards.

(a) In general.

(b) Civil action.

(c) Criminal conviction.

(d) Share of funds and assets.

(e) Repealed.

(f) Appropriate Federal banking agency exception.

4206. Rights of declarants; notifications; Government

accountability.

(a) In general.

(b) Notice of decision not to pursue.

(c) Judgment, order, or settlement.

(d) Notice of pendency of investigation or

proceeding.

(e) Time for notices.

(f) Confidentiality of notices.

4207. Unreviewed declarations; petition to pursue action as private

contractor.

(a) Notification.

(b) Contents of response.

(c) Grant of contract.

4208. Nonreviewability of action by Attorney General.

4209. Repealed.

4210. Sources of payments to declarants.

4211. Repealed.

4212. Protection for declarants.

4213. Promulgation of regulations.

SUBCHAPTER II - DECLARATIONS PROVIDING UNITED STATES WITH NEW

INFORMATION CONCERNING RECOVERY OF ASSETS

4221. Filing of confidential declarations by private persons

identifying specific assets.

(a) In general.

(b) Place of filing.

4222. Contents of declarations.

4223. Confidentiality of declarations.

(a) Period of confidentiality.

(b) Maintenance of confidentiality to prevent

prejudice.

(c) Loss of rights.

4224. Ineligibility to file valid declarations.

(a) In general.

(b) ''Original source'' defined.

(c) Notice of invalidity.

4225. Rights of declarants; participation in actions, awards.

(a) In general.

(b) Civil action.

(c) Share of assets.

(d) Prohibition of double awards.

(e) Appropriate Federal banking agency exception.

4226. Rights of declarants; notifications; Government

accountability.

(a) In general.

(b) Notice of decision not to pursue.

(c) Judgment, order, or settlement.

(d) Notice of pendency of investigation or

proceeding.

(e) Confidentiality of notices.

4227. Unreviewed declarations; petition to pursue action as private

contractor.

(a) Notification.

(b) Contents of response.

(c) Grant of contract.

4228. Nonreviewability of action by Attorney General.

4229. Protection for declarants.

4230. Promulgation of regulations.

SUBCHAPTER III - USE OF PRIVATE LEGAL RESOURCES

4241. Authority to enter into contracts for private counsel.

(a) In general.

(b) Terms and conditions.

(c) Limitation of fee.

(d) Contingent fees.

4242. Contract decisions nonreviewable.

4243. Representation.

4244. Contract provisions.

4245. Counterclaims.

4246. Awards of costs and fees to prevailing plaintiff.

4247. Promulgation of regulations.

-CITE-

12 USC SUBCHAPTER I - DECLARATIONS PROVIDING NEW CLAIMS

TO UNITED STATES 01/06/03

-EXPCITE-

TITLE 12 - BANKS AND BANKING

CHAPTER 43 - ACTIONS AGAINST PERSONS COMMITTING BANK FRAUD CRIMES

SUBCHAPTER I - DECLARATIONS PROVIDING NEW CLAIMS TO UNITED STATES

.

-HEAD-

SUBCHAPTER I - DECLARATIONS PROVIDING NEW CLAIMS TO UNITED STATES

-CITE-

12 USC Sec. 4201 01/06/03

-EXPCITE-

TITLE 12 - BANKS AND BANKING

CHAPTER 43 - ACTIONS AGAINST PERSONS COMMITTING BANK FRAUD CRIMES

SUBCHAPTER I - DECLARATIONS PROVIDING NEW CLAIMS TO UNITED STATES

-HEAD-

Sec. 4201. Filing of confidential declarations by private persons

-STATUTE-

(a) In general

Any person may file a declaration of a violation giving rise to

an action for civil penalties under section 1833a of this title

affecting a depository institution insured by the Federal Deposit

Insurance Corporation or any other agency or entity of the United

States.

(b) Place of filing

A declaration under subsection (a) of this section shall be filed

with the Attorney General of the United States or with an agent

designated by the Attorney General for receiving declarations under

this section.

-SOURCE-

(Pub. L. 101-647, title XXV, Sec. 2561, Nov. 29, 1990, 104 Stat.

4894.)

-MISC1-

SHORT TITLE

Section 2560 of Pub. L. 101-647 provided that: ''This subtitle

(subtitle H (Sec. 2560-2594) of title XXV of Pub. L. 101-647,

enacting this chapter and section 3059A of Title 18, Crimes and

Criminal Procedure, and amending section 1831k of this title) may

be cited as the 'Financial Institutions Anti-Fraud Enforcement Act

of 1990'.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4202, 4203, 4204, 4205,

4206, 4221, 4224, 4241 of this title.

-CITE-

12 USC Sec. 4202 01/06/03

-EXPCITE-

TITLE 12 - BANKS AND BANKING

CHAPTER 43 - ACTIONS AGAINST PERSONS COMMITTING BANK FRAUD CRIMES

SUBCHAPTER I - DECLARATIONS PROVIDING NEW CLAIMS TO UNITED STATES

-HEAD-

Sec. 4202. Contents of declarations

-STATUTE-

A declaration filed pursuant to section 4201 of this title shall

-

(1) set forth the name and address of the declarant and the

basis for the declarant's knowledge of the facts alleged;

(2) allege under oath or affirmation specific facts, relating

to a particular transaction or transactions, which constitute a

prima facie case of a violation giving rise to an action for

civil penalties under section 1833a of this title affecting a

depository institution insured by the Federal Deposit Insurance

Corporation or any other agency or entity of the United States;

(3) contain at least 1 new factual element necessary to

establish a prima facie case that was unknown to the Government

at the time of filing; and

(4) set forth all facts supporting the allegation of a

violation described in paragraph (2) known to the declarant,

along with the names of material witnesses and the nature and

location of documentary evidence known to the declarant.

-SOURCE-

(Pub. L. 101-647, title XXV, Sec. 2562, Nov. 29, 1990, 104 Stat.

4894.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4204, 4205, 4206 of this

title.

-CITE-

12 USC Sec. 4203 01/06/03

-EXPCITE-

TITLE 12 - BANKS AND BANKING

CHAPTER 43 - ACTIONS AGAINST PERSONS COMMITTING BANK FRAUD CRIMES

SUBCHAPTER I - DECLARATIONS PROVIDING NEW CLAIMS TO UNITED STATES

-HEAD-

Sec. 4203. Confidentiality of declarations

-STATUTE-

(a) Period of confidentiality

A declarant and the declarant's agents shall not disclose the

existence or filing of a declaration filed pursuant to section 4201

of this title until -

(1) the declarant receives notice that the Attorney General has

concluded that an action should not be pursued under section

4206(b) of this title;

(2) the declarant receives notice of an award pursuant to

section 4206(c) of this title; or

(3) the declarant is granted a contract to pursue an action

under section 4205(b) or 4207 of this title.

(b) Maintenance of confidentiality to prevent prejudice

(1) Notwithstanding any other law, the contents 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

information contained in a declaration may be disclosed as required

by duly issued and authorized legal process.

(2) The Attorney General may in a circumstance described in

paragraph (1) notify a declarant that continued confidentiality is

required under this subsection notwithstanding paragraph (1) or (2)

of subsection (a) of this section.

(c) Loss of rights

A declarant who discloses, except as provided by this chapter,

(FOOTNOTE 1) 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 subchapter.

(FOOTNOTE 1) See References in Text note below.

-SOURCE-

(Pub. L. 101-647, title XXV, Sec. 2563, Nov. 29, 1990, 104 Stat.

4894.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (c), was in the original

''this title'', and was translated as reading ''this subtitle'',

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4204, 4205, 4206 of this

title.

-CITE-

12 USC Sec. 4204 01/06/03

-EXPCITE-

TITLE 12 - BANKS AND BANKING

CHAPTER 43 - ACTIONS AGAINST PERSONS COMMITTING BANK FRAUD CRIMES

SUBCHAPTER I - DECLARATIONS PROVIDING NEW CLAIMS TO UNITED STATES

-HEAD-

Sec. 4204. Ineligibility to file valid declarations

-STATUTE-

(a) In general

A declaration filed pursuant to section 4201 (FOOTNOTE 1) of this

title and in accordance with sections 4202 and 4203 of this title

is valid unless -

(FOOTNOTE 1) See References in Text note below.

(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 acting within the course

of the declarant's government employment;

(2) the declaration is filed by a person who knowingly

participated in the violation of section 1517 of title 18 or any

of the sections of title 18 referred to in section 1833a(c) 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

investigation 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 General,

it appears the individual could benefit from the award; or

(5) the declaration consists of allegations or transactions

that have been disclosed to a member of the public in a criminal,

civil, or administrative proceeding, in a congressional,

administrative, or General Accounting Office report, hearing,

audit or investigation, by any other government source, or by the

news media, unless the person providing the declaration is the

original source of the information.

(b) ''Original source'' defined

For the purposes of subsection (a)(5) of this section, the term

''original source'' means a person who has direct and independent

knowledge of the information contained in the declaration and who

voluntarily provided the information to the government prior to the

disclosure.

(c) Notice of invalidity

If the Attorney General determines at any time that a declaration

is invalid under this section, that a declaration fails to meet the

requirements of section 4202 of this title, or that a declaration

has been disclosed in violation of section 4203 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 4205

or 4206 of this title.

-SOURCE-

(Pub. L. 101-647, title XXV, Sec. 2564, Nov. 29, 1990, 104 Stat.

4895.)

-REFTEXT-

REFERENCES IN TEXT

Section 4201 of this title, referred to in subsec. (a), was in

the original ''section 811'', and was translated as reading

''section 2561'', meaning section 2561 of Pub. L. 101-647, as the

probable intent of Congress, because Pub. L. 101-647 does not

contain a section 811.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4205, 4206 of this title.

-CITE-

12 USC Sec. 4205 01/06/03

-EXPCITE-

TITLE 12 - BANKS AND BANKING

CHAPTER 43 - ACTIONS AGAINST PERSONS COMMITTING BANK FRAUD CRIMES

SUBCHAPTER I - DECLARATIONS PROVIDING NEW CLAIMS TO UNITED STATES

-HEAD-

Sec. 4205. Rights of declarants; participation in actions, awards

-STATUTE-

(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) Civil action

If the Attorney General determines that a cause of action

referred to in section 4201 of this title based on the declaration

should be referred to private counsel pursuant to subchapter III of

this chapter, the declarant, after consultation with the Attorney

General, 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 of this chapter.

(c) Criminal conviction

(1) When the United States obtains a criminal conviction and the

Attorney General determines that the conviction was based in whole

or in part on the information contained in a valid declaration

filed under section 4201 of this title the Attorney General may, in

his discretion, pay a reward to the declarant (FOOTNOTE 1)

(FOOTNOTE 1) So in original. Probably should be followed by a

period.

(2) In determining the size of any award under paragraph (1), the

Attorney General may, in the Attorney General's discretion,

consider any appropriate factor, including -

(A) the seriousness of the offense for which the conviction was

obtained;

(B) the extent to which the facts alleged in the declaration

contributed to the conviction;

(C) the number of offenders apprehended pursuant to information

provided by the declarant;

(D) whether or not the offender was previously under

investigation by any law enforcement agency when the declaration

was filed;

(E) the extent to which the declarant cooperated in the

development of the Government's case and its presentation at

trial;

(F) the sentences and fines imposed on the offender and other

offenders in related cases;

(G) the extent to which other sources of private information

were relied upon; and

(H) the hardship to the declarant and any expenses the

declarant incurred in preparing the declaration.

(d) Share of funds and assets

(1) When the United States acquires funds or assets pursuant to

the execution of a judgment, order, or settlement and the Attorney

General determines that the judgment, order, or settlement was

based in whole or in part on the information contained in a valid

declaration filed under section 4201 of this title, the declarant

shall have the right to share in the recovery as follows:

(A)(i) The declarant shall be entitled to 20 percent to 30

percent of any recovery 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 recovered.

(ii) In calculating an award under clause (i), the Attorney

General may consider the size of the overall recovery and the

usefulness of the information provided by the declarant.

(B) When a declarant has received an award under subsection (c)

of this section, the Attorney General may subtract the amount of

that reward from any recovery under this subsection.

(2)(A) When more than 1 declarant has provided information

leading to a recovery under this subsection, the Attorney General

shall first calculate the size of the total award under paragraph

(1)(A) and then distribute that amount according to the

contribution made by each declarant.

(B) In distributing any such award between 2 or more declarants,

the Attorney General may, in the Attorney General's discretion,

consider any appropriate factor.

(e) Repealed. Pub. L. 107-273, div. A, title III, Sec. 301(c)(3),

Nov. 2, 2002, 116 Stat. 1781

(f) Appropriate Federal banking agency exception

For purposes of this section, funds or assets acquired by the

United States shall not include 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 penalties recovered by a Federal banking agency through

a final judgment, order or settlement.

-SOURCE-

(Pub. L. 101-647, title XXV, Sec. 2565, Nov. 29, 1990, 104 Stat.

4896; Pub. L. 107-273, div. A, title III, Sec. 301(c)(3), Nov. 2,

2002, 116 Stat. 1781.)

-MISC1-

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 person's election to seek an award under this

section or a reward under such other section.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4203, 4204, 4206 of this

title.

-CITE-

12 USC Sec. 4206 01/06/03

-EXPCITE-

TITLE 12 - BANKS AND BANKING

CHAPTER 43 - ACTIONS AGAINST PERSONS COMMITTING BANK FRAUD CRIMES

SUBCHAPTER I - DECLARATIONS PROVIDING NEW CLAIMS TO UNITED STATES

-HEAD-

Sec. 4206. Rights of declarants; notifications; Government

accountability

-STATUTE-

(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 concludes that the

information contained in a declaration should not be pursued in a

civil or criminal proceeding, the Attorney General shall so notify

the declarant in writing and shall provide 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 judgment, order, or

settlement based in whole or in part on a valid declaration filed

under section 4201 of this title, the Attorney General shall notify

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 proceeding

If the Attorney General has not provided the declarant with

notice under subsection (b) of this section or a notice of

invalidity pursuant to section 4204 of this title within the time

period set forth in subsection (e) of this section, the Attorney

General shall notify the declarant in writing that -

(1) there is a pending investigation or proceeding 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 declarant pursuant to subsection (d) of this

section not later than 3 years after the date of filing of the

declaration.

(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 further consideration to the

information provided in the declaration for an additional 90-day

period, 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 declarant in the same manner, and subject

to the same penalties, as the declaration under section 4203 of

this title.

-SOURCE-

(Pub. L. 101-647, title XXV, Sec. 2566, Nov. 29, 1990, 104 Stat.

4897.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4203, 4204, 4207, 4208 of

this title.

-CITE-

12 USC Sec. 4207 01/06/03

-EXPCITE-

TITLE 12 - BANKS AND BANKING

CHAPTER 43 - ACTIONS AGAINST PERSONS COMMITTING BANK FRAUD CRIMES

SUBCHAPTER I - DECLARATIONS PROVIDING NEW CLAIMS TO UNITED STATES

-HEAD-

Sec. 4207. Unreviewed declarations; petition to pursue action as

private contractor

-STATUTE-

(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

of this chapter 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 notice under section 4206(d)(2) of this title, and the

Attorney General shall respond to the notification not later than

30 days after receipt.

(b) Contents of response

In response to a notification under subsection (a)(1) of this

section, the Attorney General shall -

(1) grant a contract pursuant to subchapter III of this

chapter; or

(2) proceed with an action.

(c) Grant of contract

If the Attorney General decides to grant a contract, the

declarant, after consultation with the Attorney General, shall have

the right to select counsel to prosecute an action, and the

declarant and the declarant's counsel shall act in accordance with

subchapter III of this chapter.

-SOURCE-

(Pub. L. 101-647, title XXV, Sec. 2567, Nov. 29, 1990, 104 Stat.

4898.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4203 of this title.

-CITE-

12 USC Sec. 4208 01/06/03

-EXPCITE-

TITLE 12 - BANKS AND BANKING

CHAPTER 43 - ACTIONS AGAINST PERSONS COMMITTING BANK FRAUD CRIMES

SUBCHAPTER I - DECLARATIONS PROVIDING NEW CLAIMS TO UNITED STATES

-HEAD-

Sec. 4208. Nonreviewability of action by Attorney General

-STATUTE-

Notwithstanding any other law, no court shall have jurisdiction

over any claim based on any action taken by the Attorney General or

any refusal to take action under this subchapter, except for

failure to provide notification under section 4206 of this title.

-SOURCE-

(Pub. L. 101-647, title XXV, Sec. 2568, Nov. 29, 1990, 104 Stat.

4898.)

-CITE-

12 USC Sec. 4209 01/06/03

-EXPCITE-

TITLE 12 - BANKS AND BANKING

CHAPTER 43 - ACTIONS AGAINST PERSONS COMMITTING BANK FRAUD CRIMES

SUBCHAPTER I - DECLARATIONS PROVIDING NEW CLAIMS TO UNITED STATES

-HEAD-

Sec. 4209. Repealed. Pub. L. 107-273, div. A, title III, Sec.

301(c)(3), Nov. 2, 2002, 116 Stat. 1781

-MISC1-

Section, Pub. L. 101-647, title XXV, Sec. 2569, Nov. 29, 1990,

104 Stat. 4898, related to Financial Institution Information Award

Fund.

-CITE-

12 USC Sec. 4210 01/06/03

-EXPCITE-

TITLE 12 - BANKS AND BANKING

CHAPTER 43 - ACTIONS AGAINST PERSONS COMMITTING BANK FRAUD CRIMES

SUBCHAPTER I - DECLARATIONS PROVIDING NEW CLAIMS TO UNITED STATES

-HEAD-

Sec. 4210. Sources of payments to declarants

-STATUTE-

Notwithstanding any other law, an award under this chapter

(FOOTNOTE 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 chapter. (FOOTNOTE 1)

(FOOTNOTE 1) See References in Text note below.

-SOURCE-

(Pub. L. 101-647, title XXV, Sec. 2570, Nov. 29, 1990, 104 Stat.

4899.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original ''this

title'', and was translated as reading ''this subtitle'', 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.

-CITE-

12 USC Sec. 4211 01/06/03

-EXPCITE-

TITLE 12 - BANKS AND BANKING

CHAPTER 43 - ACTIONS AGAINST PERSONS COMMITTING BANK FRAUD CRIMES

SUBCHAPTER I - DECLARATIONS PROVIDING NEW CLAIMS TO UNITED STATES

-HEAD-

Sec. 4211. Repealed. Pub. L. 105-362, title X, Sec. 1001(e), Nov.

10, 1998, 112 Stat. 3291

-MISC1-

Section, Pub. L. 101-647, title XXV, Sec. 2571, Nov. 29, 1990,

104 Stat. 4899, related to Government accountability and public

reports on processing of declarations.

-CITE-

12 USC Sec. 4212 01/06/03

-EXPCITE-

TITLE 12 - BANKS AND BANKING

CHAPTER 43 - ACTIONS AGAINST PERSONS COMMITTING BANK FRAUD CRIMES

SUBCHAPTER I - DECLARATIONS PROVIDING NEW CLAIMS TO UNITED STATES

-HEAD-

Sec. 4212. Protection for declarants

-STATUTE-

A declarant under this subchapter shall enjoy the protections of

section 3059A(e) (FOOTNOTE 1) of title 18.

(FOOTNOTE 1) See References in Text note below.

-SOURCE-

(Pub. L. 101-647, title XXV, Sec. 2572, Nov. 29, 1990, 104 Stat.

4899.)

-REFTEXT-

REFERENCES IN TEXT

Section 3059A(e) of title 18, referred to in text, was repealed

by Pub. L. 107-273, div. A, title III, Sec. 301(c)(2), Nov. 2,

2002, 116 Stat. 1781.

-CITE-

12 USC Sec. 4213 01/06/03

-EXPCITE-

TITLE 12 - BANKS AND BANKING

CHAPTER 43 - ACTIONS AGAINST PERSONS COMMITTING BANK FRAUD CRIMES

SUBCHAPTER I - DECLARATIONS PROVIDING NEW CLAIMS TO UNITED STATES

-HEAD-

Sec. 4213. Promulgation of regulations

-STATUTE-

The Attorney General may promulgate any rules, regulations, or

guidelines that, in the Attorney General's judgment, are necessary

and appropriate to the effective administration of this subchapter.

-SOURCE-

(Pub. L. 101-647, title XXV, Sec. 2573, Nov. 29, 1990, 104 Stat.

4899.)

-CITE-

12 USC SUBCHAPTER II - DECLARATIONS PROVIDING UNITED

STATES WITH NEW INFORMATION CONCERNING

RECOVERY OF ASSETS 01/06/03

-EXPCITE-

TITLE 12 - BANKS AND BANKING

CHAPTER 43 - ACTIONS AGAINST PERSONS COMMITTING BANK FRAUD CRIMES

SUBCHAPTER II - DECLARATIONS PROVIDING UNITED STATES WITH NEW

INFORMATION CONCERNING RECOVERY OF ASSETS

.

-HEAD-

SUBCHAPTER II - DECLARATIONS PROVIDING UNITED STATES WITH NEW

INFORMATION CONCERNING RECOVERY OF ASSETS

-CITE-

12 USC Sec. 4221 01/06/03

-EXPCITE-

TITLE 12 - BANKS AND BANKING

CHAPTER 43 - ACTIONS AGAINST PERSONS COMMITTING BANK FRAUD CRIMES

SUBCHAPTER II - DECLARATIONS PROVIDING UNITED STATES WITH NEW

INFORMATION CONCERNING RECOVERY OF ASSETS

-HEAD-

Sec. 4221. Filing of confidential declarations by private persons

identifying specific assets

-STATUTE-

(a) In general

After the United States obtains a final judgment 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 satisfaction of that judgment or

settlement.

(b) Place of filing

A declaration under subsection (a) of this section shall be filed

with the Attorney General of the United States or with an agent

designated by him for receiving declarations under this section.

-SOURCE-

(Pub. L. 101-647, title XXV, Sec. 2576, Nov. 29, 1990, 104 Stat.

4899.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4222, 4223, 4224, 4225,

4226 of this title.

-CITE-

12 USC Sec. 4222 01/06/03

-EXPCITE-

TITLE 12 - BANKS AND BANKING

CHAPTER 43 - ACTIONS AGAINST PERSONS COMMITTING BANK FRAUD CRIMES

SUBCHAPTER II - DECLARATIONS PROVIDING UNITED STATES WITH NEW

INFORMATION CONCERNING RECOVERY OF ASSETS

-HEAD-

Sec. 4222. Contents of declarations

-STATUTE-

A declaration filed pursuant to section 4221 of this title shall

-

(1) set forth the name and address of the declarant 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 approximate dollar value of the asset

or assets and the names of all persons known to the declarant 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 attachment, garnishment, sequestration, or other

proceeding in satisfaction of the judgment referred to in section

4221 of this title.

-SOURCE-

(Pub. L. 101-647, title XXV, Sec. 2577, Nov. 29, 1990, 104 Stat.

4900.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4224, 4225, 4226 of this

title.

-CITE-

12 USC Sec. 4223 01/06/03

-EXPCITE-

TITLE 12 - BANKS AND BANKING

CHAPTER 43 - ACTIONS AGAINST PERSONS COMMITTING BANK FRAUD CRIMES

SUBCHAPTER II - DECLARATIONS PROVIDING UNITED STATES WITH NEW

INFORMATION CONCERNING RECOVERY OF ASSETS

-HEAD-

Sec. 4223. Confidentiality of declarations

-STATUTE-

(a) Period of confidentiality

A declarant and the declarant's agents shall not disclose the

existence or filing of a declaration filed pursuant to section 4221

of this title until:

(1) the declarant receives notice that the Attorney 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 contents 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

information contained in a declaration may be disclosed as required

by duly issued and authorized legal process.

(2) The Attorney General may in a circumstance described in

paragraph (1) notify a declarant that continued confidentiality is

required under this subsection notwithstanding paragraph (1) or (2)

of subsection (a) of this section.

(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 subchapter.

-SOURCE-

(Pub. L. 101-647, title XXV, Sec. 2578, Nov. 29, 1990, 104 Stat.

4900.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4224, 4225, 4226 of this

title.

-CITE-

12 USC Sec. 4224 01/06/03

-EXPCITE-

TITLE 12 - BANKS AND BANKING

CHAPTER 43 - ACTIONS AGAINST PERSONS COMMITTING BANK FRAUD CRIMES

SUBCHAPTER II - DECLARATIONS PROVIDING UNITED STATES WITH NEW

INFORMATION CONCERNING RECOVERY OF ASSETS

-HEAD-

Sec. 4224. Ineligibility to file valid declarations

-STATUTE-

(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 acting within the course

of the declarant's government employment;

(2) the declaration is filed by a person who knowingly

participated in the violation of section 1517 of title 18 or any

of the sections of title 18 referred to in section 4201 (FOOTNOTE

1) of this title, or any other fraudulent conduct with respect to

which the declaration is made;

(FOOTNOTE 1) So in original. Probably should be section

''1833a(c)''.

(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

investigation 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 General,

it appears the individual could benefit from the award; or

(5) the declaration identifies an asset or assets 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 General

Accounting Office report, hearing, audit or investigation, by any

other government source, or by the news media, unless the person

providing the declaration is the original source of the

information.

(b) ''Original source'' defined

For the purposes of subsection (a)(5) of this section, the term

''original source'' means a person who has direct and independent

knowledge of the information contained in the declaration and who

voluntarily provided the information to the government prior to the

disclosure.

(c) Notice of invalidity

If the Attorney General determines at any time that a declaration

is invalid under this section, that a declaration fails to meet the

requirements 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.

-SOURCE-

(Pub. L. 101-647, title XXV, Sec. 2579, Nov. 29, 1990, 104 Stat.

4900.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4225, 4226 of this title.

-CITE-

12 USC Sec. 4225 01/06/03

-EXPCITE-

TITLE 12 - BANKS AND BANKING

CHAPTER 43 - ACTIONS AGAINST PERSONS COMMITTING BANK FRAUD CRIMES

SUBCHAPTER II - DECLARATIONS PROVIDING UNITED STATES WITH NEW

INFORMATION CONCERNING RECOVERY OF ASSETS

-HEAD-

Sec. 4225. Rights of declarants; participation in actions, awards

-STATUTE-

(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 proceeding to recover

the asset or assets identified in the declaration should be

referred to private counsel pursuant to subchapter III of this

chapter, the declarant, after consultation with the Attorney

General, 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 of this chapter.

(c) Share of assets

When the United States recovers any asset or assets specifically

identified in a valid declaration filed under section 4221 of this

title and the Attorney General determines that the asset or assets

would not have been recovered if the declaration 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 recovery 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 recovered.

(d) Prohibition of double awards

(1) No person shall receive both an award under this section and

a reward under either section 1831k of this title or section 3509A

(FOOTNOTE 1) of title 18 for providing the same or substantially

similar information.

(FOOTNOTE 1) See References in Text note below.

(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 (FOOTNOTE 1) of title 18 for providing the same or

substantially similar information, the person may notify the

Attorney General in writing of the person's election to seek an

award under this section or a reward under such other section.

(e) Appropriate Federal banking agency exception

For purposes of this section, funds or assets acquired by the

United States shall not include 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 penalties recovered by a Federal banking agency through

a final judgement, (FOOTNOTE 2) order, or settlement.

(FOOTNOTE 2) So in original. Probably should be ''judgment,''.

-SOURCE-

(Pub. L. 101-647, title XXV, Sec. 2580, Nov. 29, 1990, 104 Stat.

4901.)

-REFTEXT-

REFERENCES IN TEXT

Section 3509A of title 18, referred to in subsec. (d)(1),

probably is a reference to former section 3059A of title 18, which

was repealed by Pub. L. 107-273, div. A, title III, Sec.

301(c)(2), Nov. 2, 2002, 116 Stat. 1781.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4223, 4224, 4226, 4241 of

this title.

-CITE-

12 USC Sec. 4226 01/06/03

-EXPCITE-

TITLE 12 - BANKS AND BANKING

CHAPTER 43 - ACTIONS AGAINST PERSONS COMMITTING BANK FRAUD CRIMES

SUBCHAPTER II - DECLARATIONS PROVIDING UNITED STATES WITH NEW

INFORMATION CONCERNING RECOVERY OF ASSETS

-HEAD-

Sec. 4226. Rights of declarants; notifications; Government

accountability

-STATUTE-

(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) Notice of decision not to pursue

If, after review, the Attorney General concludes that the

information contained in a declaration should not be pursued in a

proceeding to recover the asset or assets, the Attorney General

shall so notify the declarant in writing and shall provide 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 final judgment, order, or

settlement transferring to the United States title to an asset or

assets identified in a valid declaration filed under section 4221

(FOOTNOTE 1) of this title, the Attorney General shall notify the

declarant in writing of the entry of the judgment, order, or

settlement.

(FOOTNOTE 1) See References in Text note below.

(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 section 4225(c) 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 proceeding

(1) Subject to paragraph (2), if the Attorney General has not

provided the declarant with notice under subsection (b) of this

section or a notice of invalidity pursuant to section 4224 of this

title within 1 year after the date of filing of the declaration,

the Attorney General shall notify the declarant in writing that -

(A) there is a pending investigation or proceeding in the

course of which the declarant's allegations are being addressed;

or

(B) the declarant's allegations have not yet been addressed.

(2) If the Attorney General certifies that it is in the interest

of the United States to give further consideration to the

information provided in the declaration for an additional 90-day

period, the Attorney General shall so notify the declarant in

writing.

(e) Confidentiality of notices

All notices provided to a declarant under this section shall be

kept confidential by the declarant in the same manner, and subject

to the same penalties, as the declaration under section 4223 of

this title.

-SOURCE-

(Pub. L. 101-647, title XXV, Sec. 2581, Nov. 29, 1990, 104 Stat.

4902.)

-REFTEXT-

REFERENCES IN TEXT

Section 4221 of this title, referred to in subsec. (c)(1), was in

the original ''section 831'', and was translated as reading

''section 2576'', meaning section 2576 of Pub. L. 101-647, as the

probable intent of Congress, because Pub. L. 101-647 does not

contain a section 831.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4223, 4224, 4227, 4228 of

this title.

-CITE-

12 USC Sec. 4227 01/06/03

-EXPCITE-

TITLE 12 - BANKS AND BANKING

CHAPTER 43 - ACTIONS AGAINST PERSONS COMMITTING BANK FRAUD CRIMES

SUBCHAPTER II - DECLARATIONS PROVIDING UNITED STATES WITH NEW

INFORMATION CONCERNING RECOVERY OF ASSETS

-HEAD-

Sec. 4227. Unreviewed declarations; petition to pursue action as

private contractor

-STATUTE-

(a) Notification

(1) If, pursuant to section 4226(d)(1)(B) 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

of this chapter 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 notice under section 4226(d)(1)(B) of this title, and

the Attorney General shall respond to the notification not later

than 30 days after receipt.

(b) Contents of response

In response to a notification under subsection (a)(1) of this

section, the Attorney General shall -

(1) grant a contract pursuant to subchapter III of this

chapter; or

(2) proceed with an action.

(c) Grant of contract

If the Attorney General decides to grant a contract, the

declarant, after consultation with the Attorney General, shall have

the right to select counsel to prosecute an action, and the

declarant and the declarant's counsel shall act in accordance with

subchapter III of this chapter.

-SOURCE-

(Pub. L. 101-647, title XXV, Sec. 2582, Nov. 29, 1990, 104 Stat.

4903.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4223 of this title.

-CITE-

12 USC Sec. 4228 01/06/03

-EXPCITE-

TITLE 12 - BANKS AND BANKING

CHAPTER 43 - ACTIONS AGAINST PERSONS COMMITTING BANK FRAUD CRIMES

SUBCHAPTER II - DECLARATIONS PROVIDING UNITED STATES WITH NEW

INFORMATION CONCERNING RECOVERY OF ASSETS

-HEAD-

Sec. 4228. Nonreviewability of action by Attorney General

-STATUTE-

Notwithstanding any other law, no court shall have jurisdiction

over any claim based on any action taken by the Attorney General or

any refusal to take action under this subchapter, except for

failure to provide notification under section 4226 of this title.

-SOURCE-

(Pub. L. 101-647, title XXV, Sec. 2583, Nov. 29, 1990, 104 Stat.

4903.)

-CITE-

12 USC Sec. 4229 01/06/03

-EXPCITE-

TITLE 12 - BANKS AND BANKING

CHAPTER 43 - ACTIONS AGAINST PERSONS COMMITTING BANK FRAUD CRIMES

SUBCHAPTER II - DECLARATIONS PROVIDING UNITED STATES WITH NEW

INFORMATION CONCERNING RECOVERY OF ASSETS

-HEAD-

Sec. 4229. Protection for declarants

-STATUTE-

A declarant under this subchapter shall enjoy the protections of

section 3059A(e) (FOOTNOTE 1) of title 18.

(FOOTNOTE 1) See References in Text note below.

-SOURCE-

(Pub. L. 101-647, title XXV, Sec. 2584, Nov. 29, 1990, 104 Stat.

4903.)

-REFTEXT-

REFERENCES IN TEXT

Section 3059A(e) of title 18, referred to in text, was repealed

by Pub. L. 107-273, div. A, title III, Sec. 301(c)(2), Nov. 2,

2002, 116 Stat. 1781.

-CITE-

12 USC Sec. 4230 01/06/03

-EXPCITE-

TITLE 12 - BANKS AND BANKING

CHAPTER 43 - ACTIONS AGAINST PERSONS COMMITTING BANK FRAUD CRIMES

SUBCHAPTER II - DECLARATIONS PROVIDING UNITED STATES WITH NEW

INFORMATION CONCERNING RECOVERY OF ASSETS

-HEAD-

Sec. 4230. Promulgation of regulations

-STATUTE-

The Attorney General may promulgate any rules, regulations, or

guidelines that, in the Attorney General's judgment, are necessary

and appropriate to the effective administration of this subchapter.

-SOURCE-

(Pub. L. 101-647, title XXV, Sec. 2585, Nov. 29, 1990, 104 Stat.

4903.)

-CITE-

12 USC SUBCHAPTER III - USE OF PRIVATE LEGAL RESOURCES 01/06/03

-EXPCITE-

TITLE 12 - BANKS AND BANKING

CHAPTER 43 - ACTIONS AGAINST PERSONS COMMITTING BANK FRAUD CRIMES

SUBCHAPTER III - USE OF PRIVATE LEGAL RESOURCES

.

-HEAD-

SUBCHAPTER III - USE OF PRIVATE LEGAL RESOURCES

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 4205, 4207, 4225, 4227

of this title.

-CITE-

12 USC Sec. 4241 01/06/03

-EXPCITE-

TITLE 12 - BANKS AND BANKING

CHAPTER 43 - ACTIONS AGAINST PERSONS COMMITTING BANK FRAUD CRIMES

SUBCHAPTER III - USE OF PRIVATE LEGAL RESOURCES

-HEAD-

Sec. 4241. Authority to enter into contracts for private counsel

-STATUTE-

(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 or section 4225 of this title.

(b) Terms and conditions

Each contract under subsection (a) of this section shall include

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 described in subsection (a) of this

section 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, 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.

-SOURCE-

(Pub. L. 101-647, title XXV, Sec. 2588, Nov. 29, 1990, 104 Stat.

4905.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4242, 4243, 4244, 4245 of

this title.

-CITE-

12 USC Sec. 4242 01/06/03

-EXPCITE-

TITLE 12 - BANKS AND BANKING

CHAPTER 43 - ACTIONS AGAINST PERSONS COMMITTING BANK FRAUD CRIMES

SUBCHAPTER III - USE OF PRIVATE LEGAL RESOURCES

-HEAD-

Sec. 4242. Contract decisions nonreviewable

-STATUTE-

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.

-SOURCE-

(Pub. L. 101-647, title XXV, Sec. 2589, Nov. 29, 1990, 104 Stat.

4905.)

-CITE-

12 USC Sec. 4243 01/06/03

-EXPCITE-

TITLE 12 - BANKS AND BANKING

CHAPTER 43 - ACTIONS AGAINST PERSONS COMMITTING BANK FRAUD CRIMES

SUBCHAPTER III - USE OF PRIVATE LEGAL RESOURCES

-HEAD-

Sec. 4243. Representation

-STATUTE-

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 requirements specified in section 4244 of

this title.

-SOURCE-

(Pub. L. 101-647, title XXV, Sec. 2590, Nov. 29, 1990, 104 Stat.

4906.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4243 of this title.

-CITE-

12 USC Sec. 4244 01/06/03

-EXPCITE-

TITLE 12 - BANKS AND BANKING

CHAPTER 43 - ACTIONS AGAINST PERSONS COMMITTING BANK FRAUD CRIMES

SUBCHAPTER III - USE OF PRIVATE LEGAL RESOURCES

-HEAD-

Sec. 4244. Contract provisions

-STATUTE-

A contract made with a private counsel under section 4241 of this

title 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.

-SOURCE-

(Pub. L. 101-647, title XXV, Sec. 2591, Nov. 29, 1990, 104 Stat.

4906.)

-CITE-

12 USC Sec. 4245 01/06/03

-EXPCITE-

TITLE 12 - BANKS AND BANKING

CHAPTER 43 - ACTIONS AGAINST PERSONS COMMITTING BANK FRAUD CRIMES

SUBCHAPTER III - USE OF PRIVATE LEGAL RESOURCES

-HEAD-

Sec. 4245. Counterclaims

-STATUTE-

Any counterclaim filed in any action brought on behalf of the

United States by private counsel 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 procedure of the court in which the

action on behalf of the United States is pending.

-SOURCE-

(Pub. L. 101-647, title XXV, Sec. 2592, Nov. 29, 1990, 104 Stat.

4906.)

-CITE-

12 USC Sec. 4246 01/06/03

-EXPCITE-

TITLE 12 - BANKS AND BANKING

CHAPTER 43 - ACTIONS AGAINST PERSONS COMMITTING BANK FRAUD CRIMES

SUBCHAPTER III - USE OF PRIVATE LEGAL RESOURCES

-HEAD-

Sec. 4246. Awards of costs and fees to prevailing plaintiff

-STATUTE-

When the United States, through private counsel retained under

this subchapter, prevails in any civil action, the court, in its

discretion, may allow the United States reasonable attorney's fees

and other expenses of litigation as part of the costs.

-SOURCE-

(Pub. L. 101-647, title XXV, Sec. 2593, Nov. 29, 1990, 104 Stat.

4906.)

-CITE-

12 USC Sec. 4247 01/06/03

-EXPCITE-

TITLE 12 - BANKS AND BANKING

CHAPTER 43 - ACTIONS AGAINST PERSONS COMMITTING BANK FRAUD CRIMES

SUBCHAPTER III - USE OF PRIVATE LEGAL RESOURCES

-HEAD-

Sec. 4247. Promulgation of regulations

-STATUTE-

The Attorney General may promulgate any rules, regulations, or

guidelines that, in the Attorney General's judgment, are necessary

and appropriate to the effective administration of this subchapter.

-SOURCE-

(Pub. L. 101-647, title XXV, Sec. 2594, Nov. 29, 1990, 104 Stat.

4906.)

-CITE-