Title 12 — Banks and Banking
Chapter 43 — Actions Against Persons Committing Bank Fraud Crimes
§ 4223. Confidentiality of declarations
Statutory text
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:
the declarant receives notice that the Attorney General has concluded that an action should not be pursued under section 4226(b) of this title;
the declarant receives notice of an award pursuant to section 4226(c) of this title; or
the declarant is granted a contract to pursue an action under section 4225(b) or 4227 of this title.
Maintenance of confidentiality to prevent prejudice
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.
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).
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.
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 § 2578 · 104 Stat. 4789
Enacted · 12 U.S.C. § 4223
(Pub. L. 101–647, title XXV, § 2578, Nov. 29, 1990, 104 Stat. 4900.)
Source evidence
Code source credit
(Pub. L. 101–647, title XXV, § 2578, Nov. 29, 1990, 104 Stat. 4900.)Enacted provision · exact public law section
SEC. 2578. CONFIDENTIALITY OF DECLARATIONS. (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 2576 until: (1) the declarant receives notice that the Attorney General has concluded that an action should not be pursued under section 2581(b); (2) the declarant receives notice of an award pursuant to section 2581(c); or (3) the declarant is granted a contract to pursue an action under section 2580(b) or 2582. (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). (c) Loss of Rights.— A declarant who discloses, except as provided by this chapter, 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 chapter.
1 of 1 references resolved to an enrolled provision