Page:United States Statutes at Large Volume 104 Part 6.djvu/504

 104 STAT. 4894 PUBLIC LAW 101-647—NOV. 29, 1990 CHAPTER 1—DECLARATIONS PROVIDING NEW CLAIMS TO THE UNITED STATES 12 USC 4201. SEC. 2561. FILING OF CONFIDENTIAL DECLARATIONS BY PRIVATE PER- SONS. (a) IN GENERAL. —Any person may file a declaration of a violation giving rise to an action for civil penalties under section 951 of the Financial Institutions Reform, Recovery and Enforcement Act of 1989 affecting a depository institution insured by the Federal Deposit Insurance Corporation or any other agency or entity of the United States. (b) PLACE OF FILING.—A declaration under subsection (a) shall be filed with the Attorney General of the United States or with an agent designated by the Attorney General for receiving declarations under this section. 12 USC 4202. SEC. 2562. CONTENTS OF DECLARATIONS. A declaration filed pursuant to section 2561 shall— (1) set forth the name and address of the declarant and the basis for the declarant's knowledge of the facts alleged; (2) allege under oath or affirmation specific facts, relating to a particular transaction or transactions, which constitute a prima facie CEise of a violation giving rise to an action for civil penalties under section 951 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 affecting a depository institution insured by the Federal Deposit Insurance Corporation or any other agency or entity of the United States; (3) contain at least 1 new factual element necessary to establish a prima facie case that was unknown to the Government at the time of filing; and (4) set forth all facts supporting the allegation of a violation described in paragraph (2) known to the declarant, along with the names of material witnesses and the nature and location of documentary evidence known to the declarant. 12 USC 4203. SEC. 2563. CONFIDENTIALITY OF DECLARATIONS. (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 2561 until— (1) the declarant receives notice that the Attorney General has concluded that an action should not be pursued under section 2566(b); (2) the declarant receives notice of an award pursuant to section 2566(c); or (3) the declarant is granted a contract to pursue an action under section 2565(b) or 2567. (b) MAINTENANCE OF CONFIDENTIAUTY 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

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