12 U.S.C. § 4203: Confidentiality of…

Summary

A person who files a declaration under section 4201 and their agents must not tell anyone that they filed or that the declaration exists until one of three things happens: they are told the Attorney General decided not to pursue an action under section 4206(b), they are told they got an award under section 4206(c), or they get a contract to pursue an action under section 4205(b) or 4207. The declaration’s details also must not be shared if doing so would harm a government investigation or a criminal or civil case that uses the declaration. Information can be released if a proper legal order requires it. The Attorney General can tell the filer to keep the declaration secret even after one of the three events above. If a filer tells anyone else (other than an authorized Federal or State investigator or their lawyer) about the filing or its contents, they immediately lose all rights under this subchapter.

Title 12, §4203

Banks and Banking, Source: USLM XML via OLRC

(a)Period of confidentiality

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)Maintenance of confidentiality to prevent prejudice

(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)Loss of rights

A declarant who discloses, except as provided by this chapter, 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