Title 12Banks and BankingRelease 119-73

§4226 Rights of declarants; notifications; Government accountability

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 › § 4226

Last updated Apr 6, 2026|Official source

Summary

People who file a declaration that meets sections 4221–4224 have certain rights. If the Attorney General decides not to try to recover the assets named in the declaration, the Attorney General must tell the person who filed the declaration (the declarant) in writing and give a short reason. If the United States gets a final judgment, order, or settlement that gives the United States ownership of assets named in a valid declaration filed under section 4221, the Attorney General must notify the declarant in writing, state the award due under section 4225(c), and briefly explain how that amount was set. If the Attorney General has not sent either a non‑pursuit notice or a notice of invalidity under section 4224 within 1 year of filing, the Attorney General must inform the declarant in writing whether the matter is under investigation or has not been addressed. The Attorney General may extend consideration one time for an extra 90 days by written certification. All notices must be kept confidential in the same way, and under the same penalties, as the original declaration under section 4223.

Full Legal Text

Title 12, §4226

Banks and Banking — Source: USLM XML via OLRC

(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.
(b)If, after review, the Attorney General concludes that the information contained in a declaration should not be pursued in a proceeding to recover the asset or assets, 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)(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 4221 11 See References in Text note below. of this title, the Attorney General shall notify the declarant in writing of the entry of the judgment, order, or settlement.
(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 section 4225(c) of this title upon recovery by the United States; and
(B)a short statement of reasons for the amount of the award.
(d)(1)Subject to paragraph (2), if the Attorney General has not provided the declarant with notice under subsection (b) or a notice of invalidity pursuant to section 4224 of this title within 1 year after the date of filing of the declaration, the Attorney General shall notify the declarant in writing that—
(A)there is a pending investigation or proceeding in the course of which the declarant’s allegations are being addressed; or
(B)the declarant’s allegations have not yet been addressed.
(2)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.
(e)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 4223 of this title.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 4221 of this title, referred to in subsec. (c)(1), was in the original “section 831”, and was translated as reading “section 2576”, meaning section 2576 of Pub. L. 101–647, as the probable intent of Congress, because Pub. L. 101–647 does not contain a section 831.

Reference

Citations & Metadata

Citation

12 U.S.C. § 4226

Title 12Banks and Banking

Last Updated

Apr 6, 2026

Release point: 119-73