12 U.S.C. § 4205 — Rights of declarants; participation in actions, awards
submitted 36 years ago by Pub. L. 101-647 to r/title-12-BANKS-AND-BANKING · 628 words · no verdicts yet
This section gives qualifying declarants rights in civil and criminal matters. It provides for counsel, possible rewards, graduated shares of recoveries, and rules for multiple declarants and certain banking-agency recoveries.
(a) In general. A person* who filed a declaration meeting sections 4201 through 4204 has the rights in this section.
(b) Civil action. If the Attorney General decides that a cause of action under section 4201 based on the declaration should be referred to private counsel under subchapter III, the declarant may choose the counsel after consulting the Attorney General. The declarant and counsel must follow subchapter III.
(c) Criminal conviction. (1) If the United States obtains a criminal conviction and the Attorney General decides that information in a valid section 4201 declaration contributed to it, the Attorney General may, in the Attorney General's discretion, pay the declarant a reward. (2) In setting the reward, the Attorney General may consider any appropriate factor, including (A) the offense's seriousness; (B) how much the declaration's facts contributed; (C) the number of offenders apprehended because of the declarant's information; (D) whether an offender was already under investigation when the declaration was filed; (E) how much the declarant helped develop and present the Government's case; (F) sentences and fines imposed in this and related cases; (G) reliance on other private information sources; and (H) hardship to the declarant and declaration-preparation expenses.
(d) Share of funds and assets. (1) If the United States obtains funds or assets through a judgment, order, or settlement, and the Attorney General decides that it was based in whole or part on information in a valid section 4201 declaration, the declarant may share as follows: (A)(i) 20% to 30% of the first $1,000,000 recovered, 10% to 20% of the next $4,000,000, and 5% to 10% of the next $5,000,000. (ii) In calculating this award, the Attorney General may consider the total recovery and the information's usefulness. (B) If the declarant received a subsection (c) reward, the Attorney General may subtract it from this recovery share. (2)(A) If more than one declarant supplied information leading to a recovery, the Attorney General first calculates the total award under paragraph (1)(A), then distributes it according to each declarant's contribution. (B) The Attorney General may consider any appropriate factor when dividing the award.
(e) Repealed. This subsection was repealed by Pub. L. 107–273, div. A, title III, §301(c)(3), Nov. 2, 2002, 116 Stat. 1781.
(f) Appropriate Federal banking agency exception. Funds or assets obtained by the United States do not include funds or assets obtained by an appropriate Federal banking agency acting in any capacity or by the Resolution Trust Corporation acting in any capacity. The exception does not cover civil money penalties recovered by a Federal banking agency through a final judgment, order, or settlement.
A person* who has filed a declaration that meets the requirements of sections 4201 through 4204 of this title shall have the rights stated in this section.
If the Attorney General determines that a cause of action referred to in section 4201 of this title based on the declaration should be referred to private counsel pursuant to subchapter III, the declarant, after consultation with the Attorney General, shall have the right to select counsel to prosecute the action, and the declarant and the declarant’s counsel shall act in accordance with subchapter III.
When the United States obtains a criminal conviction and the Attorney General determines that the conviction was based in whole or in part on the information contained in a valid declaration filed under section 4201 of this title the Attorney General may, in his discretion, pay a reward to the declarant 1
In determining the size of any award under paragraph (1), the Attorney General may, in the Attorney General’s discretion, consider any appropriate factor, including—
the seriousness of the offense for which the conviction was obtained;
the extent to which the facts alleged in the declaration contributed to the conviction;
the number of offenders apprehended pursuant to information provided by the declarant;
whether or not the offender was previously under investigation by any law enforcement agency when the declaration was filed;
the extent to which the declarant cooperated in the development of the Government’s case and its presentation at trial;
the sentences and fines imposed on the offender and other offenders in related cases;
the extent to which other sources of private information were relied upon; and
the hardship to the declarant and any expenses the declarant incurred in preparing the declaration.
When the United States acquires funds or assets pursuant to the execution of a judgment, order, or settlement and the Attorney General determines that the judgment, order, or settlement was based in whole or in part on the information contained in a valid declaration filed under section 4201 of this title, the declarant shall have the right to share in the recovery as follows:
The declarant shall be entitled to 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.
In calculating an award under clause (i), the Attorney General may consider the size of the overall recovery and the usefulness of the information provided by the declarant.
When a declarant has received an award under subsection (c), the Attorney General may subtract the amount of that reward from any recovery under this subsection.
When more than 1 declarant has provided information leading to a recovery under this subsection, the Attorney General shall first calculate the size of the total award under paragraph (1)(A) and then distribute that amount according to the contribution made by each declarant.
In distributing any such award between 2 or more declarants, the Attorney General may, in the Attorney General’s discretion, consider any appropriate factor.
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 judgment, order or settlement.
Source credit: (Pub. L. 101–647, title XXV, § 2565, Nov. 29, 1990, 104 Stat. 4896; Pub. L. 107–273, div. A, title III, § 301(c)(3), Nov. 2, 2002, 116 Stat. 1781.)
- 1990Enacted · Pub. L. 101-647 · 104 Stat. 4896
- 2002Amended · Pub. L. 107-273 · 116 Stat. 1781
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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