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12 U.S.C. § 4206 — Rights of declarants; notifications; Government accountability

submitted 36 years ago by Pub. L. 101-647 to r/title-12-BANKS-AND-BANKING · 440 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section describes notices the Attorney General must give a declarant about a declaration, investigation, proceeding, judgment, order, or settlement. It sets deadlines and requires the declarant to keep the notices confidential.

(a) In general. A person who filed a declaration meeting sections 4201 through 4204 has the rights in this section.
(b) Notice of decision not to pursue. If, after review, the Attorney General decides that information in a declaration should not be pursued in a civil or criminal proceeding, the Attorney General must notify the declarant in writing and briefly explain why.
(c) Judgment, order, or settlement. (1) When the United States obtains a judgment, order, or settlement based in whole or part on a valid section 4201 declaration, the Attorney General must notify the declarant in writing. (2) The notice must state (A) the Attorney General's determination of the award due under section 4205(c) or (d) when the United States recovers, and (B) briefly why that amount was chosen.
(d) Notice of pending investigation or proceeding. If the Attorney General has not given a subsection (b) notice or a section 4204 invalidity notice within the time in (e), the Attorney General must tell the declarant in writing either (1) that an investigation or proceeding is pending and addresses the allegations, or (2) that the allegations have not yet been addressed.
(e) Time for notices. (1) For a valid declaration filed no more than three years after November 29, 1990, the subsection (d) notice is due no later than three years after filing. (2)(A) Subject to (B), for a declaration filed more than three years after that date, the notice is due no later than one year after filing. (B) If the Attorney General certifies that the United States should consider the declaration's information for another 90 days, the Attorney General must notify the declarant in writing.
(f) Confidentiality. The declarant must keep every notice under this section confidential in the same way and subject to the same penalties as the declaration under section 4203.

the actual law source: uscode.house.gov ↗public domain
(a) In general

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.

(b) Notice of decision not to pursue

If, after review, the Attorney General concludes that the information contained in a declaration should not be pursued in a civil or criminal proceeding, the Attorney General shall so notify the declarant in writing and shall provide a brief statement of the reasons that the declaration will not be pursued.

(c) Judgment, order, or settlement
(1)

When the United States obtains a judgment, order, or settlement based in whole or in part on a valid declaration filed under section 4201 of this title, the Attorney General shall notify the declarant in writing of such fact.

(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 subsection (c) or (d) of section 4205 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

If the Attorney General has not provided the declarant with notice under subsection (b) or a notice of invalidity pursuant to section 4204 of this title within the time period set forth in subsection (e), the Attorney General shall notify the declarant in writing that—

(1)

there is a pending investigation or proceeding in the course of which the declarant’s allegations are being addressed; or

(2)

the declarant’s allegations have not yet been addressed.

(e) Time for notices
(1)

In the case of a valid declaration filed not more than 3 years after November 29, 1990, the Attorney General shall send notification to a declarant pursuant to subsection (d) not later than 3 years after the date of filing of the declaration.

(2)
(A)

Subject to subparagraph (B), in the case of a declaration filed more than 3 years after November 29, 1990, the Attorney General shall send notification not later than 1 year after the date of filing of the declaration.

(B)

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.

(f) Confidentiality of notices

All notices provided to a declarant under this section shall be kept confidential by the declarant in the same manner, and subject to the same penalties, as the declaration under section 4203 of this title.

Source credit: (Pub. L. 101–647, title XXV, § 2566, Nov. 29, 1990, 104 Stat. 4897.)

history & why it existsrecord from the source credit
  • 1990Enacted · Pub. L. 101-647 · 104 Stat. 4897

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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