§ 4241. — Authority to enter into contracts for private counsel.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 12USC4241]
TITLE 12--BANKS AND BANKING
CHAPTER 43--ACTIONS AGAINST PERSONS COMMITTING BANK FRAUD CRIMES
SUBCHAPTER III--USE OF PRIVATE LEGAL RESOURCES
Sec. 4241. Authority to enter into contracts for private counsel
(a) In general
The Attorney General may enter into contracts retaining private
counsel to furnish legal services, including representation in
investigation, negotiation, compromise, settlement, litigation, and
execution of judgments in the case of any civil action referred to in
section 4201 of this title or section 4225 of this title.
(b) Terms and conditions
Each contract under subsection (a) of this section shall include the
provisions described in section 4244 of this title and such other terms
and conditions as the Attorney General considers necessary and
appropriate to protect the interests of the United States.
(c) Limitation of fee
The amount of the contingency fee payable for legal services
furnished under a contract described in subsection (a) of this section
shall not exceed the contingency fee that counsel engaged in the private
practice of law in the jurisdiction wherein the legal services are
furnished typically charge clients for furnishing the same or comparable
legal services.
(d) Contingent fees
Notwithstanding section 3302(b) of title 31, a contract under this
section shall provide that a fee that the United States pays private
counsel for services is payable from the amount recovered and shall be
based on a percentage of the civil penalties or assets recovered.
(Pub. L. 101-647, title XXV, Sec. 2588, Nov. 29, 1990, 104 Stat. 4905.)
Section Referred to in Other Sections
This section is referred to in sections 4242, 4243, 4244, 4245 of
this title.
