§3059A. Special rewards for information relating to certain financial institution offenses

(a)(1) In special circumstances and in the Attorney General's sole discretion, the Attorney General may make payments to persons who furnish information unknown to the Government relating to a possible prosecution under section 215, 225, 287, 656, 657, 1001, 1005, 1006, 1007, 1014, 1032, 1341, 1343, 1344, or 1517 of this title affecting a depository institution insured by the Federal Deposit Insurance Corporation or any other agency or entity of the United States, or to a possible prosecution for conspiracy to commit such an offense.

(2) The amount of a payment under paragraph (1) shall not exceed $50,000 and shall be paid from the Financial Institution Information Award Fund established under section 2569 of the Financial Institutions Anti-Fraud Enforcement Act of 1990.

(b) A person is not eligible for a payment under subsection (a) if-

(1) the person is a current or former officer or employee of a Federal or State government agency or instrumentality who furnishes information discovered or gathered in the course of his government employment;

(2) the furnished information 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 General Accounting Office report, hearing, audit or investigation, from any other government source, or from the news media unless the person is the original source of the information;

(3) the person is an institution-affiliated party (as defined in section 3(u) of the Federal Deposit Insurance Act, 12 U.S.C. 1813(u)) which withheld information during the course of any bank examination or investigation authorized pursuant to section 10 of such Act (12 U.S.C. 1820) who such party owed a fiduciary duty to disclose;

(4) the person is 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 person knowingly participated in the violation of the section with respect to which the payment would be made.

(c) For the purposes of subsection (b)(2), the term "original source" means a person who has direct and independent knowledge of the information on which the allegations are based and has voluntarily provided the information to the Government prior to the disclosure.

(d) Neither the failure of the Attorney General to authorize a payment nor the amount authorized shall be subject to judicial review.

(e)(1) A person who-

(A) is discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against in the terms and conditions of employment by an employer because of lawful acts done by the person on behalf of the person or others in furtherance of a prosecution under any of the sections referred to in subsection (a) (including provision of information relating to, investigation for, initiation of, testimony for, or assistance in such a prosecution); and

(B) was not a knowing participant in the unlawful activity that is the subject of such a prosecution,

may, in a civil action, obtain all relief necessary to make the person whole.

(2) Relief under paragraph (1) shall include-

(A)(i) reinstatement with the same seniority status;

(ii) 2 times the amount of back pay plus interest; and

(iii) interest on the back pay,

that the plaintiff would have had but for the discrimination; and

(B) compensation for any special damages sustained as a result of the discrimination, including litigation costs and reasonable attorney's fees.

(Added Pub. L. 101–647, title XXV, §2587(a), Nov. 29, 1990, 104 Stat. 4904 ; amended Pub. L. 103–322, title XXXII, §320607, title XXXIII, §330010(10), (17), Sept. 13, 1994, 108 Stat. 2120 , 2143, 2144; Pub. L. 104–294, title VI, §§601(f)(4), 604(b)(24), Oct. 11, 1996, 110 Stat. 3499 , 3508.)

References in Text

Section 2569 of the Financial Institutions Anti-Fraud Enforcement Act of 1990, referred to in subsec. (a)(2), is classified to section 4209 of Title 12, Banks and Banking.

Amendments

1996-Subsec. (a)(1). Pub. L. 104–294, §601(f)(4), substituted "section 215, 225," for "section 215 225,,".

Subsec. (e)(2)(A)(iii). Pub. L. 104–294, §604(b)(24), amended directory language of Pub. L. 103–322, §330010(17). See 1994 Amendment note below.

1994-Subsec. (a)(1). Pub. L. 103–322, §320607, inserted "225," after "215", struck out "or" before "1344", and inserted ", or 1517" after "1344".

Subsecs. (b), (c). Pub. L. 103–322, §330010(10), substituted "subsection" for "this subsection".

Subsec. (e)(2)(A)(iii). Pub. L. 103–322, §330010(17), as amended by Pub. L. 104–294, §604(b)(24), substituted "back pay" for "backpay".

Effective Date of 1996 Amendment

Amendment by section 604(b)(24) of Pub. L. 104–294 effective Sept. 13, 1994, see section 604(d) of Pub. L. 104–294, set out as a note under section 13 of this title.

Section Referred to in Other Sections

This section is referred to in title 12 sections 4205, 4209, 4212, 4225, 4229.