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

Summary

A declaration filed under sections 4201–4203 is valid unless one of five problems applies. It is not valid if (1) a current or former federal or state officer or employee who learned or collected the information while doing their government job filed it; (2) the filer knowingly took part in the crime or fraud the declaration is about; (3) a bank-related person who had a duty to disclose during a bank exam or investigation hid information; (4) an immediate family member of the person accused filed it, or the accused could benefit in the Attorney General’s view; or (5) the same allegations were already made public in court, agency reports, congressional or GAO work, audits, investigations, other government sources, or the news media, unless the filer is the original source. Original source — a person with direct, independent knowledge who told the government about the information before it became public. If the Attorney General decides a declaration is invalid, fails to meet section 4202, or was disclosed in violation of section 4203, 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