Title 12 — Banks and Banking
Chapter 43 — Actions Against Persons Committing Bank Fraud Crimes
§ 4202. Contents of declarations
Statutory text
A declaration filed pursuant to section 4201 of this title shall—
set forth the name and address of the declarant and the basis for the declarant’s knowledge of the facts alleged;
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;
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
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.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Financial Institutions Anti-Fraud Enforcement Act of 1990
Pub. L. 101–647 title XXV § 2562 · 104 Stat. 4789
Enacted · 12 U.S.C. § 4202
(Pub. L. 101–647, title XXV, § 2562, Nov. 29, 1990, 104 Stat. 4894.)
Source evidence
Code source credit
(Pub. L. 101–647, title XXV, § 2562, Nov. 29, 1990, 104 Stat. 4894.)Enacted provision · exact public law section
SEC. 2562. CONTENTS OF DECLARATIONS. A declaration filed pursuant to section 2561 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 951 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 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.
1 of 1 references resolved to an enrolled provision