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
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.
A declaration filed pursuant to section 4201 of this title shall—
set forth the name and address of the declarant and the basis for the declarant’s knowledge of the facts alleged;
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;
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
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.)
- 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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