§4203 — Title 12 Banks and Banking | U.S. Code

Summary

People who file a declaration under section 4201 and their agents must keep the filing secret until one of three things happens: the Attorney General says no action should be taken under section 4206(b), the filer gets an award under section 4206(c), or the filer wins a contract to bring a case under section 4205(b) or 4207. The filer may also not share declaration details if doing so would hurt a government investigation or any related criminal or civil case, unless a proper court order requires it. The Attorney General can order continued secrecy even after the items above. If a filer tells anyone else (except an authorized Federal or State investigator or their lawyer), they immediately lose all rights under this subchapter.

Title 12, §4203

Banks and Banking — Source: USLM XML via OLRC

(a)A declarant and the declarant’s agents shall not disclose the existence or filing of a declaration filed pursuant to section 4201 of this title until—

(1)the declarant receives notice that the Attorney General has concluded that an action should not be pursued under section 4206(b) of this title;

(2)the declarant receives notice of an award pursuant to section 4206(c) of this title; or

(3)the declarant is granted a contract to pursue an action under section 4205(b) or 4207 of this title.

(b)(1)Notwithstanding any other law, the contents of a declaration shall not be disclosed by the declarant if the disclosure would prejudice or compromise in any way the completion of any government investigation or any criminal or civil case that may arise out of, or make use of, information contained in a declaration, but information contained in a declaration may be disclosed as required by duly issued and authorized legal process.

(2)The Attorney General may in a circumstance described in paragraph (1) notify a declarant that continued confidentiality is required under this subsection notwithstanding paragraph (1) or (2) of subsection (a).

(c)A declarant who discloses, except as provided by this chapter,11 See References in Text note below. the existence or filing of a declaration or the contents thereof to anyone other than a duly authorized Federal or State investigator or the declarant’s attorney shall immediately lose all rights under this subchapter.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsec. (c), was in the original “this title”, and was translated as reading “this subtitle”, meaning subtitle H of title XXV of Pub. L. 101–647, known as the Financial Institutions Anti-Fraud

Enforcement

Act of 1990, which is classified principally to this chapter, as the probable intent of Congress. For complete classification of subtitle H to the Code, see

Short Title

note set out under section 4201 of this title and Tables.

§4203 Confidentiality of declarations