12 U.S.C. § 4226: Rights of declarants…

Summary

If you file a declaration that meets the rules in sections 4221–4224, you have rights to get certain notices. If the Attorney General decides not to use the information in your declaration, you must get a written notice with a short reason. If the United States wins a final judgment, order, or settlement that transfers an asset you named, you must get a written notice saying the award amount you will receive under section 4225(c) and a brief explanation for that amount. If you do not get a notice under subsection (b) or an invalidity notice under section 4224 within 1 year of filing, the Attorney General must tell you in writing that your information is either being looked at in a pending investigation/proceeding or has not yet been addressed. The Attorney General can extend this for one more 90-day period by certifying it’s in the United States’ interest and must notify you. All notices must be kept confidential the same way your declaration is and have the same penalties.

Title 12, §4226

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(a)In general

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)Notice of decision not to pursue

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)Judgment, order, or settlement

(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 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)Notice of pendency of investigation or proceeding

(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)Confidentiality of notices

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.

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.

§4226 Rights of Declarants; Notifications; Government Accountability

Summary

Title 12, §4226

Notes & Related Subsidiaries

Editorial Notes

References in Text

Citations & Metadata