§4221. Filing of confidential declarations by private persons identifying specific assets — Inbound Citations

Citations to 12 U.S.C. § 4221 as a whole

• 12 U.S.C. § 4222

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  A declaration filed pursuant to section 4221 of this title shall—
• 12 U.S.C. § 4222(3)

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  (3) allege under oath or affirmation specific facts that establish a prima facie case showing that the asset is legally subject to attachment, garnishment, sequestration, or other proceeding in satisfaction of the judgment referred to in section 4221 of this title.
• 12 U.S.C. § 4223(a)

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  (a) A declarant and the declarant’s agents shall not disclose the existence or filing of a declaration filed pursuant to section 4221 of this title until:

  (1) the declarant receives notice that the Attorney General has concluded that an action should not be pursued under section 4226(b) of this title;

  (2) the declarant receives notice of an award pursuant to section 4226(c) of this title; or

  (3) the declarant is granted a contract to pursue an action under section 4225(b) or 4227 of this title.
• 12 U.S.C. § 4224(a)

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  (a) A declaration filed pursuant to section 4221 of this title and in accordance with sections 4222 and 4223 of this title is valid unless—

  (1) the declaration is filed by a current or former officer or employee of a Federal or State government agency or instrumentality who discovered or gathered the information in the declaration, in whole or in part, while acting within the course of the declarant’s government employment;

  (2) the declaration is filed by a person who knowingly participated in the violation of section 1517 of title 18 or any of the sections of title 18 referred to in section 4201¹ of this title, or any other fraudulent conduct with respect to which the declaration is made;

  (3) the declaration is filed by an institution-affiliated party (as defined in section 1813(u) of this title) who withheld information during the course of any bank examination or investigation authorized pursuant to section 1820 of this title which such party owed a fiduciary duty to disclose;

  (4) the declaration is filed by a member of the immediate family of the individual whose activities are the subject of the declaration or where, in the discretion of the Attorney General, it appears the individual could benefit from the award; or

  (5) the declaration identifies an asset or assets the nature, location, or possible recovery of which has been disclosed to a member of the public in a criminal, civil, or administrative proceeding, in a congressional, administrative, or Government Accountability Office report, hearing, audit or investigation, by any other government source, or by the news media, unless the person providing the declaration is the original source of the information.
• 12 U.S.C. § 4225(a)

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  (a) 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.
• 12 U.S.C. § 4225(c)

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  (c) 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.
• 12 U.S.C. § 4226(a)

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  (a) 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.
• 12 U.S.C. § 4226(c)(1)

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  (1) When the United States obtains a final judgment, order, or settlement transferring to the United States title to an asset or assets identified in a valid declaration filed under section 4221¹ of this title, the Attorney General shall notify the declarant in writing of the entry of the judgment, order, or settlement.