§ 4226. — 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: 12USC4226]
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. 4226. Rights of declarants; notifications; Government
accountability
(a) In general
A person who has filed a declaration that meets the requirements of
sections 4221 through 4224 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
proceeding to recover the asset or assets, 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 final judgment, order, or
settlement transferring to the United States title to an asset or assets
identified in a valid declaration filed under section 4221 \1\ of this
title, the Attorney General shall notify the declarant in writing of the
entry of the judgment, order, or settlement.
---------------------------------------------------------------------------
\1\ See References in Text note below.
---------------------------------------------------------------------------
(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 section 4225(c) 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
(1) Subject to paragraph (2), 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 4224 of this title within
1 year after the date of filing of the declaration, the Attorney General
shall notify the declarant in writing that--
(A) there is a pending investigation or proceeding in the course
of which the declarant's allegations are being addressed; or
(B) the declarant's allegations have not yet been addressed.
(2) 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.
(e) 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 4223 of this title.
(Pub. L. 101-647, title XXV, Sec. 2581, Nov. 29, 1990, 104 Stat. 4902.)
References in Text
Section 4221 of this title, referred to in subsec. (c)(1), was in
the original ``section 831'', and was translated as reading ``section
2576'', meaning section 2576 of Pub. L. 101-647, as the probable intent
of Congress, because Pub. L. 101-647 does not contain a section 831.
Section Referred to in Other Sections
This section is referred to in sections 4223, 4224, 4227, 4228 of
this title.
