§ 4205. — Rights of declarants; participation in actions, awards.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 12USC4205]
TITLE 12--BANKS AND BANKING
CHAPTER 43--ACTIONS AGAINST PERSONS COMMITTING BANK FRAUD CRIMES
SUBCHAPTER I--DECLARATIONS PROVIDING NEW CLAIMS TO UNITED STATES
Sec. 4205. Rights of declarants; participation in actions,
awards
(a) 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.
(b) Civil action
If the Attorney General determines that a cause of action referred
to in section 4201 of this title based on the declaration should be
referred to private counsel pursuant to subchapter III of this chapter,
the declarant, after consultation with the Attorney General, shall have
the right to select counsel to prosecute the action, and the declarant
and the declarant's counsel shall act in accordance with subchapter III
of this chapter.
(c) Criminal conviction
(1) When the United States obtains a criminal conviction and the
Attorney General determines that the conviction was based in whole or in
part on the information contained in a valid declaration filed under
section 4201 of this title the Attorney General may, in his discretion,
pay a reward to the declarant \1\
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\1\ So in original. Probably should be followed by a period.
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(2) In determining the size of any award under paragraph (1), the
Attorney General may, in the Attorney General's discretion, consider any
appropriate factor, including--
(A) the seriousness of the offense for which the conviction was
obtained;
(B) the extent to which the facts alleged in the declaration
contributed to the conviction;
(C) the number of offenders apprehended pursuant to information
provided by the declarant;
(D) whether or not the offender was previously under
investigation by any law enforcement agency when the declaration was
filed;
(E) the extent to which the declarant cooperated in the
development of the Government's case and its presentation at trial;
(F) the sentences and fines imposed on the offender and other
offenders in related cases;
(G) the extent to which other sources of private information
were relied upon; and
(H) the hardship to the declarant and any expenses the declarant
incurred in preparing the declaration.
(d) Share of funds and assets
(1) When the United States acquires funds or assets pursuant to the
execution of a judgment, order, or settlement and the Attorney General
determines that the judgment, order, or settlement was based in whole or
in part on the information contained in a valid declaration filed under
section 4201 of this title, the declarant shall have the right to share
in the recovery as follows:
(A)(i) The declarant shall be entitled to 20 percent to 30
percent of any recovery up to the first $1,000,000 recovered, 10
percent to 20 percent of the next $4,000,000 recovered, and 5
percent to 10 percent of the next $5,000,000 recovered.
(ii) In calculating an award under clause (i), the Attorney
General may consider the size of the overall recovery and the
usefulness of the information provided by the declarant.
(B) When a declarant has received an award under subsection (c)
of this section, the Attorney General may subtract the amount of
that reward from any recovery under this subsection.
(2)(A) When more than 1 declarant has provided information leading
to a recovery under this subsection, the Attorney General shall first
calculate the size of the total award under paragraph (1)(A) and then
distribute that amount according to the contribution made by each
declarant.
(B) In distributing any such award between 2 or more declarants, the
Attorney General may, in the Attorney General's discretion, consider any
appropriate factor.
(e) Repealed. Pub. L. 107-273, div. A, title III, Sec. 301(c)(3), Nov.
2, 2002, 116 Stat. 1781
(f) Appropriate Federal banking agency exception
For purposes of this section, funds or assets acquired by the United
States shall not include any funds or assets acquired by any appropriate
Federal banking agency acting in any capacity or the Resolution Trust
Corporation acting in any capacity, except for any civil money penalties
recovered by a Federal banking agency through a final judgment, order or
settlement.
(Pub. L. 101-647, title XXV, Sec. 2565, Nov. 29, 1990, 104 Stat. 4896;
Pub. L. 107-273, div. A, title III, Sec. 301(c)(3), Nov. 2, 2002, 116
Stat. 1781.)
Amendments
2002--Subsec. (c)(1). Pub. L. 107-273 substituted ``the Attorney
General may, in his discretion, pay a reward to the declarant'' for ``,
the declarant shall have the right to receive not less than $5,000 and
not more than $100,000, any such award to be paid from the Financial
Institution Information Award Fund established under section 4209 of
this title.''
Subsec. (e). Pub. L. 107-273 struck out heading and text of subsec.
(e). Text read as follows:
``(1) No person shall receive both an award under this section and a
reward under either section 1831k of this title or section 3509A of
title 18 for providing the same or substantially similar information.
``(2) When a person qualifies for both an award under this section
and a reward under either section 1831k of this title or section 3509A
of title 18 for providing the same or substantially similar information,
the person may notify the Attorney General in writing of the person's
election to seek an award under this section or a reward under such
other section.''
Section Referred to in Other Sections
This section is referred to in sections 4203, 4204, 4206 of this
title.
