§4204 — Title 12 Banks and Banking | U.S. Code

Summary

A declaration filed under section 4201 and following the rules in sections 4202 and 4203 can be declared invalid in five situations. It is invalid if a current or former federal or state employee learned the information while doing their job; if the filer knowingly took part in crimes listed in 18 U.S.C. 1517 or in the sections of title 18 mentioned in 1833a(c), or other fraud tied to the claim; if an institution-affiliated party (see section 1813(u)) hid information during a bank exam or investigation under section 1820 when they had a duty to tell the truth; if the filer is an immediate family member or could benefit; or if the allegations were already made public in official proceedings or the media unless the filer is the original source. “Original source” means a person with direct, independent knowledge who gave the information to the government before it became public. If the Attorney General finds a declaration invalid or in breach of the rules, the Attorney General must notify the filer in writing and the filer loses the rights listed in sections 4205 and 4206.

Title 12, §4204

Banks and Banking — Source: USLM XML via OLRC

(a)A declaration filed pursuant to section 4201 11 See References in Text note below. of this title and in accordance with section 4202 and 4203 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 1833a(c) 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 consists of allegations or transactions that have 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.

(b)For the purposes of subsection (a)(5), the term “original source” means a person who has direct and independent knowledge of the information contained in the declaration and who voluntarily provided the information to the government prior to the disclosure.

(c)If the Attorney General determines at any time that a declaration is invalid under this section, that a declaration fails to meet the requirements of section 4202 of this title, or that a declaration has been disclosed in violation of section 4203 of this title, the Attorney General shall notify the person who filed the declaration in writing that the declaration is invalid, and the declarant shall not enjoy any of the rights of the declarant listed in section 4205 or 4206 of this title.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 4201 of this title, referred to in subsec. (a), was in the original “section 811”, and was translated as reading “section 2561”, meaning section 2561 of Pub. L. 101–647, as the probable intent of Congress, because Pub. L. 101–647 does not contain a section 811.

Amendments

2004—Subsec. (a)(5). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”.

§4204 Ineligibility to file valid declarations