
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 12USC4205]

 
                       TITLE 12--BANKS AND BANKING
 
    CHAPTER 43--ACTIONS AGAINST PERSONS COMMITTING BANK FRAUD CRIMES
 
    SUBCHAPTER I--DECLARATIONS PROVIDING NEW CLAIMS TO UNITED STATES
 
Sec. 4205. Rights of declarants; participation in actions, 
        awards
        

(a) In general

    A person who has filed a declaration that meets the requirements of 
sections 4201 through 4204 of this title shall have the rights stated in 
this section.

(b) Civil action

    If the Attorney General determines that a cause of action referred 
to in section 4201 of this title based on the declaration should be 
referred to private counsel pursuant to subchapter III of this chapter, 
the declarant, after consultation with the Attorney General, shall have 
the right to select counsel to prosecute the action, and the declarant 
and the declarant's counsel shall act in accordance with subchapter III 
of this chapter.

(c) Criminal conviction

    (1) When the United States obtains a criminal conviction and the 
Attorney General determines that the conviction was based in whole or in 
part on the information contained in a valid declaration filed under 
section 4201 of this title, the declarant shall have the right to 
receive not less than $5,000 and not more than $100,000, any such award 
to be paid from the Financial Institution Information Award Fund 
established under section 4209 of this title.
    (2) In determining the size of any award under paragraph (1), the 
Attorney General may, in the Attorney General's discretion, consider any 
appropriate factor, including--
        (A) the seriousness of the offense for which the conviction was 
    obtained;
        (B) the extent to which the facts alleged in the declaration 
    contributed to the conviction;
        (C) the number of offenders apprehended pursuant to information 
    provided by the declarant;
        (D) whether or not the offender was previously under 
    investigation by any law enforcement agency when the declaration was 
    filed;
        (E) the extent to which the declarant cooperated in the 
    development of the Government's case and its presentation at trial;
        (F) the sentences and fines imposed on the offender and other 
    offenders in related cases;
        (G) the extent to which other sources of private information 
    were relied upon; and
        (H) the hardship to the declarant and any expenses the declarant 
    incurred in preparing the declaration.

(d) Share of funds and assets

    (1) When the United States acquires funds or assets pursuant to the 
execution of a judgment, order, or settlement and the Attorney General 
determines that the judgment, order, or settlement was based in whole or 
in part on the information contained in a valid declaration filed under 
section 4201 of this title, the declarant shall have the right to share 
in the recovery as follows:
        (A)(i) The declarant shall be entitled to 20 percent to 30 
    percent of any recovery up to the first $1,000,000 recovered, 10 
    percent to 20 percent of the next $4,000,000 recovered, and 5 
    percent to 10 percent of the next $5,000,000 recovered.
        (ii) In calculating an award under clause (i), the Attorney 
    General may consider the size of the overall recovery and the 
    usefulness of the information provided by the declarant.
        (B) When a declarant has received an award under subsection (c) 
    of this section, the Attorney General may subtract the amount of 
    that reward from any recovery under this subsection.

    (2)(A) When more than 1 declarant has provided information leading 
to a recovery under this subsection, the Attorney General shall first 
calculate the size of the total award under paragraph (1)(A) and then 
distribute that amount according to the contribution made by each 
declarant.
    (B) In distributing any such award between 2 or more declarants, the 
Attorney General may, in the Attorney General's discretion, consider any 
appropriate factor.

(e) Prohibition of double awards

    (1) No person shall receive both an award under this section and a 
reward under either section 1831k of this title or section 3509A \1\ of 
title 18 for providing the same or substantially similar information.
---------------------------------------------------------------------------
    \1\ So in original. Probably should be section ``3059A''.
---------------------------------------------------------------------------
    (2) When a person qualifies for both an award under this section and 
a reward under either section 1831k of this title or section 3509A \1\ 
of title 18 for providing the same or substantially similar information, 
the person may notify the Attorney General in writing of the person's 
election to seek an award under this section or a reward under such 
other section.

(f) Appropriate Federal banking agency exception

    For purposes of this section, funds or assets acquired by the United 
States shall not include any funds or assets acquired by any appropriate 
Federal banking agency acting in any capacity or the Resolution Trust 
Corporation acting in any capacity, except for any civil money penalties 
recovered by a Federal banking agency through a final judgment, order or 
settlement.

(Pub. L. 101-647, title XXV, Sec. 2565, Nov. 29, 1990, 104 Stat. 4896.)

                  Section Referred to in Other Sections

    This section is referred to in sections 4203, 4204, 4206, 4209 of 
this title.
