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12 U.S.C. § 4202 — Contents of declarations

submitted 36 years ago by Pub. L. 101-647 to r/title-12-BANKS-AND-BANKING · 156 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section lists what a declaration under section 4201 must contain. It requires identifying information, sworn specific facts, a new factual element unknown to the Government, and supporting evidence and witnesses.

A declaration filed under section 4201 of this title must — (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, relating to a particular transaction or transactions, which constitute a prima facie case of a violation giving rise to an action for civil penalties under section 1833a of this title affecting a depository institution insured by the Federal Deposit Insurance Corporation or any other agency or entity of the United States; (3) contain at least 1 new factual element necessary to establish a prima facie case that was unknown to the Government at the time of filing; and (4) set forth all facts supporting the allegation of a violation described in paragraph (2) known to the declarant, along with the names of material witnesses and the nature and location of documentary evidence known to the declarant.

the actual law source: uscode.house.gov ↗public domain

A declaration filed pursuant to section 4201 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, relating to a particular transaction or transactions, which constitute a prima facie case of a violation giving rise to an action for civil penalties under section 1833a of this title affecting a depository institution insured by the Federal Deposit Insurance Corporation or any other agency or entity of the United States;

(3)

contain at least 1 new factual element necessary to establish a prima facie case that was unknown to the Government at the time of filing; and

(4)

set forth all facts supporting the allegation of a violation described in paragraph (2) known to the declarant, along with the names of material witnesses and the nature and location of documentary evidence known to the declarant.

Source credit: (Pub. L. 101–647, title XXV, § 2562, Nov. 29, 1990, 104 Stat. 4894.)

history & why it existsrecord from the source credit
  • 1990Enacted · Pub. L. 101-647 · 104 Stat. 4894

A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-647 on 1990-11-29.

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