§ 4204. — Ineligibility to file valid declarations.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 12USC4204]
TITLE 12--BANKS AND BANKING
CHAPTER 43--ACTIONS AGAINST PERSONS COMMITTING BANK FRAUD CRIMES
SUBCHAPTER I--DECLARATIONS PROVIDING NEW CLAIMS TO UNITED STATES
Sec. 4204. Ineligibility to file valid declarations
(a) In general
A declaration filed pursuant to section 4201 \1\ of this title and
in accordance with sections 4202 and 4203 of this title is valid
unless--
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\1\ See References in Text note below.
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(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.
(Pub. L. 101-647, title XXV, Sec. 2564, Nov. 29, 1990, 104 Stat. 4895.)
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.
Section Referred to in Other Sections
This section is referred to in sections 4205, 4206 of this title.
