Title 12 — Banks and Banking
Chapter 43 — Actions Against Persons Committing Bank Fraud Crimes
§ 4241. Authority to enter into contracts for private counsel
Statutory text
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.
Terms and conditions
Each contract under subsection (a) 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.
Limitation of fee
The amount of the contingency fee payable for legal services furnished under a contract described in subsection (a) 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.
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.
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 § 2588 · 104 Stat. 4789
Enacted · 12 U.S.C. § 4241
(Pub. L. 101–647, title XXV, § 2588, Nov. 29, 1990, 104 Stat. 4905.)
Source evidence
Code source credit
(Pub. L. 101–647, title XXV, § 2588, Nov. 29, 1990, 104 Stat. 4905.)Enacted provision · exact public law section
SEC. 2588. AUTHORITY TO ENTER INTO CONTRACTS FOR PRIVATE COUNSEL. (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 2561 or section 2580. (b) Terms and Conditions.— Each contract under subsection (a) shall include the provisions described in section 2591 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) 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, United States Code, 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.
1 of 1 references resolved to an enrolled provision