Collapse to view only § 4224. Ineligibility to file valid declarations
- § 4221. Filing of confidential declarations by private persons identifying specific assets
- § 4222. Contents of declarations
- § 4223. Confidentiality of declarations
- § 4224. Ineligibility to file valid declarations
- § 4225. Rights of declarants; participation in actions, awards
- § 4226. Rights of declarants; notifications; Government accountability
- § 4227. Unreviewed declarations; petition to pursue action as private contractor
- § 4228. Nonreviewability of action by Attorney General
- § 4229. Protection for declarants
- § 4230. Promulgation of regulations
§ 4221. Filing of confidential declarations by private persons identifying specific assets
(a) In general
(b) Place of filing
(Pub. L. 101–647, title XXV, § 2576, Nov. 29, 1990, 104 Stat. 4899.)
§ 4222. Contents of declarations
A declaration filed pursuant to section 4221 of this title shall—
(1) set forth the name and address of the declarant and the basis for the declarant’s knowledge of the facts alleged;
(2) allege under oath or affirmation specific facts indicating the nature, location, and approximate dollar value of the asset or assets and the names of all persons known to the declarant to have possession, custody, or control of the asset or assets; and
(3) allege under oath or affirmation specific facts that establish a prima facie case showing that the asset is legally subject to attachment, garnishment, sequestration, or other proceeding in satisfaction of the judgment referred to in section 4221 of this title.
(Pub. L. 101–647, title XXV, § 2577, Nov. 29, 1990, 104 Stat. 4900.)
§ 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).
(c) Loss of rights
(Pub. L. 101–647, title XXV, § 2578, Nov. 29, 1990, 104 Stat. 4900.)
§ 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
1 So in original. Probably should be section “1833a(c)”.
of this title, or any other fraudulent conduct with respect to which the declaration is made;(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 Government Accountability 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
(c) Notice of invalidity
(Pub. L. 101–647, title XXV, § 2579, Nov. 29, 1990, 104 Stat. 4900; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814.)
§ 4225. Rights of declarants; participation in actions, awards
(a) In general
(b) Civil action
(c) Share of assets
(d) Prohibition of double awards
(1) No person shall receive both an award under this section and a reward under either section 1831k of this title or section 3509A 1
1 See References in Text note below.
of title 18 for providing the same or substantially similar information.(2) When a person qualifies for both an award under this section and a reward under either section 1831k of this title or section 3509A 1 of title 18 for providing the same or substantially similar information, the person may notify the Attorney General in writing of the person’s election to seek an award under this section or a reward under such other section.
(e) Appropriate Federal banking agency exception
(Pub. L. 101–647, title XXV, § 2580, Nov. 29, 1990, 104 Stat. 4901.)
§ 4226. Rights of declarants; notifications; Government accountability
(a) In general
(b) Notice of decision not to pursue
(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
1 See References in Text note below.
of this title, the Attorney General shall notify the declarant in writing of the entry of the judgment, order, or settlement.(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) 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
(Pub. L. 101–647, title XXV, § 2581, Nov. 29, 1990, 104 Stat. 4902.)
§ 4227. Unreviewed declarations; petition to pursue action as private contractor
(a) Notification
(1) If, pursuant to section 4226(d)(1)(B) of this title, the Attorney General notifies a declarant that the declarant’s allegations have not yet been addressed, the declarant may notify the Attorney General to award a contract pursuant to subchapter III to pursue the case.
(2) A declarant’s notification under paragraph (1) shall be filed with the Attorney General not later than 30 days after the date of service of notice under section 4226(d)(1)(B) of this title, and the Attorney General shall respond to the notification not later than 30 days after receipt.
(b) Contents of response
In response to a notification under subsection (a)(1), the Attorney General shall—
(1) grant a contract pursuant to subchapter III; or
(2) proceed with an action.
(c) Grant of contract
(Pub. L. 101–647, title XXV, § 2582, Nov. 29, 1990, 104 Stat. 4903.)
§ 4228. Nonreviewability of action by Attorney General
Notwithstanding any other law, no court shall have jurisdiction over any claim based on any action taken by the Attorney General or any refusal to take action under this subchapter, except for failure to provide notification under section 4226 of this title.
(Pub. L. 101–647, title XXV, § 2583, Nov. 29, 1990, 104 Stat. 4903.)
§ 4229. Protection for declarants
A declarant under this subchapter shall enjoy the protections of section 3059A(e) 1
1 See References in Text note below.
of title 18.(Pub. L. 101–647, title XXV, § 2584, Nov. 29, 1990, 104 Stat. 4903.)
§ 4230. Promulgation of regulations
The Attorney General may promulgate any rules, regulations, or guidelines that, in the Attorney General’s judgment, are necessary and appropriate to the effective administration of this subchapter.
(Pub. L. 101–647, title XXV, § 2585, Nov. 29, 1990, 104 Stat. 4903.)