Title 12 — Banks and Banking
Chapter 43 — Actions Against Persons Committing Bank Fraud Crimes
§ 4206. Rights of declarants; notifications; Government accountability
Statutory text
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.
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.
Judgment, order, or settlement
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.
A notice described in paragraph (1) shall contain—
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
a short statement of reasons for the amount of the award.
Notice of pendency of investigation or proceeding
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 subsection (e), the Attorney General shall notify the declarant in writing that—
there is a pending investigation or proceeding in the course of which the declarant’s allegations are being addressed; or
the declarant’s allegations have not yet been addressed.
Time for notices
In the case of a valid declaration filed not more than 3 years after , the Attorney General shall send notification to a declarant pursuant to subsection (d) not later than 3 years after the date of filing of the declaration.
Subject to subparagraph (B), in the case of a declaration filed more than 3 years after , the Attorney General shall send notification not later than 1 year after the date of filing of the declaration.
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.
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.
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 § 2566 · 104 Stat. 4789
Enacted · 12 U.S.C. § 4206
(Pub. L. 101–647, title XXV, § 2566, Nov. 29, 1990, 104 Stat. 4897.)
Source evidence
Code source credit
(Pub. L. 101–647, title XXV, § 2566, Nov. 29, 1990, 104 Stat. 4897.)Enacted provision · exact public law section
SEC. 2566. RIGHTS OF DECLARANTS; NOTIFICATIONS; GOVERNMENT ACCOUNTABILITY. (a) In General.— A person who has filed a declaration that meets the requirements of sections 2561 through 2564 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 2561, 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 2565 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) or a notice of invalidity pursuant to section 2564 within the time period set forth in subsection (e), 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 the date of enactment of this Act, the Attorney General shall send notification to a declarant pursuant to subsection (d) 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 the date of enactment of this Act, 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 2563.
1 of 1 references resolved to an enrolled provision