Title 12 — Banks and BankingRelease 119-73

§4223 Confidentiality of declarations

Title 12 › Chapter CHAPTER 43— - ACTIONS AGAINST PERSONS COMMITTING BANK FRAUD CRIMES › Subchapter SUBCHAPTER II— - DECLARATIONS PROVIDING UNITED STATES WITH NEW INFORMATION CONCERNING RECOVERY OF ASSETS › § 4223

Last updated Apr 6, 2026|Official source

Summary

If you file a declaration, you must keep its existence and filing secret until one of three things happens: you get notice that the Attorney General decided no action should be taken under section 4226(b), you get notice of an award under section 4226(c), or you are given a contract to pursue an action under section 4225(b) or 4227. The contents also must stay secret if sharing them would harm a government investigation or any related criminal or civil case, except when an authorized legal order requires disclosure. The Attorney General can also tell you to keep it secret even after the notices above. If you tell anyone about the filing or its contents except an authorized federal or state investigator or your lawyer, and not as allowed here, you immediately lose all rights under this subchapter.

Full Legal Text

Title 12, §4223

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 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.

(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 subchapter, 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.

Reference

Citations & Metadata

Citation

12 U.S.C. § 4223

Title 12 — Banks and Banking

Last Updated

Apr 6, 2026

Release point: 119-73