§ 4223. — Confidentiality of 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: 12USC4223]
TITLE 12--BANKS AND BANKING
CHAPTER 43--ACTIONS AGAINST PERSONS COMMITTING BANK FRAUD CRIMES
SUBCHAPTER II--DECLARATIONS PROVIDING UNITED STATES WITH NEW INFORMATION
CONCERNING RECOVERY OF ASSETS
Sec. 4223. 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 4221 of
this title until:
(1) the declarant receives notice that the Attorney General has
concluded that an action should not be pursued under section 4226(b)
of this title;
(2) the declarant receives notice of an award pursuant to
section 4226(c) of this title; or
(3) the declarant is granted a contract to pursue an action
under section 4225(b) or 4227 of this title.
(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) of this section.
(c) 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.
(Pub. L. 101-647, title XXV, Sec. 2578, Nov. 29, 1990, 104 Stat. 4900.)
Section Referred to in Other Sections
This section is referred to in sections 4224, 4225, 4226 of this
title.
