12-U.S.C.-4225

12-U.S.C.-4225

§4225 – Rights of Declarants; Participation In Actions, Awards

Pathway

Title 12 > Chapter 43 > Subchapter II > Section 4225

Details

  • Reference: Section 4225
  • Legend: §4225 – Rights of Declarants; Participation In Actions, Awards
  • USCode Year: 2013

Provision Content

(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) Civil action

If the Attorney General determines that a proceeding to recover the asset or assets identified in the declaration should be referred to private counsel pursuant to subchapter III of this chapter, the declarant, after consultation with the Attorney General, shall have the right to select counsel to prosecute the action, and the declarant and the declarants counsel shall act in accordance with subchapter III of this chapter.

(c) Share of assets

When the United States recovers any asset or assets specifically identified in a valid declaration filed under section 4221 of this title and the Attorney General determines that the asset or assets would not have been recovered if the declaration had not been filed, the declarant shall have the right to share in the recovery in the amount of 20 percent to 30 percent of any recovery up to the first $1,000,000 recovered, 10 percent to 20 percent of the next $4,000,000 recovered, and 5 percent to 10 percent of the next $5,000,000 recovered.

(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  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  of title 18 for providing the same or substantially similar information, the person may notify the Attorney General in writing of the persons election to seek an award under this section or a reward under such other section.

(e) Appropriate Federal banking agency exception

For purposes of this section, funds or assets acquired by the United States shall not include any funds or assets acquired by any appropriate Federal banking agency acting in any capacity or the Resolution Trust Corporation acting in any capacity, except for any civil money penalties recovered by a Federal banking agency through a final judgement, order, or settlement.

(Pub. L. 101–647, title XXV, §2580, Nov. 29, 1990, 104 Stat. 4901.)

References in Text

Section 3509A of title 18, referred to in subsec. (d)(1), probably is a reference to former section 3059A of title 18, which was repealed by Pub. L. 107–273, div. A, title III, §301(c)(2), Nov. 2, 2002, 116 Stat. 1781.

U.S. Encyclopedia of Law Coverage

12-U.S.C.-4223 in the Legal Encyclopedia: Banking Law

In this entry about 12-U.S.C.-4223, find legal reference material, bibliographies and premiere content related to banking law in the American Encyclopedia of Law, presenting a comprehensive view of the United States banking law-specific issues, written by authorities in the field.

12-U.S.C.-4212 in the Legal Encyclopedia: Bank Fraud

In this entry about 12-U.S.C.-4212, find legal reference material, bibliographies and premiere content related to bank fraud in the American Encyclopedia of Law, presenting a comprehensive view of the United States bank fraud-specific issues, written by authorities in the field.

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