§ 4224. — 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: 12USC4224]
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. 4224. Ineligibility to file valid declarations
(a) In general
A declaration filed pursuant to section 4221 of this title and in
accordance with sections 4222 and 4223 of this title is valid unless--
(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 4201 \1\ of this
title, or any other fraudulent conduct with respect to which the
declaration is made;
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\1\ So in original. Probably should be section ``1833a(c)''.
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(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 identifies an asset or assets the nature,
location, or possible recovery of which has 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 4222 of this title, or that a declaration has
been disclosed in violation of section 4223 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 4225 or 4226 of this
title.
(Pub. L. 101-647, title XXV, Sec. 2579, Nov. 29, 1990, 104 Stat. 4900.)
Section Referred to in Other Sections
This section is referred to in sections 4225, 4226 of this title.
