§ 4206. — Rights of declarants; notifications; Government accountability.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 12USC4206]
TITLE 12--BANKS AND BANKING
CHAPTER 43--ACTIONS AGAINST PERSONS COMMITTING BANK FRAUD CRIMES
SUBCHAPTER I--DECLARATIONS PROVIDING NEW CLAIMS TO UNITED STATES
Sec. 4206. Rights of declarants; notifications; Government
accountability
(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) 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
4201 of this title, 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 4205
of this title 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) of this section or a notice of invalidity pursuant
to section 4204 of this title within the time period set forth in
subsection (e) of this section, 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 November 29, 1990, the Attorney General shall send notification to
a declarant pursuant to subsection (d) of this section 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 November 29, 1990, 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 4203 of this title.
(Pub. L. 101-647, title XXV, Sec. 2566, Nov. 29, 1990, 104 Stat. 4897.)
Section Referred to in Other Sections
This section is referred to in sections 4203, 4204, 4207, 4208 of
this title.
