12 U.S.C. § 4202 — Contents of declarations

FEDERAL · 12 U.S.C. · Chapter 43

Contents of declarations

Current through Pub. L. 119-102

Title 12 — Banks and Banking·Ch. 43 — ACTIONS AGAINST PERSONS COMMITTING BANK FRAUD CRIMES·Subch. I

A declaration filed pursuant to section 4201 of this title 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 case of a violation giving rise to an action for civil penalties under section 1833a of this title 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)

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A declaration filed pursuant to section 4201 of this title 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 case of a violation giving rise to an action for civil penalties under section 1833a of this title 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 U.S.C. § 4202 (Contents of declarations) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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History

(Pub. L. 101–647, title XXV, §2562, Nov. 29, 1990, 104 Stat. 4894.)

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