Page:United States Statutes at Large Volume 104 Part 6.djvu/514

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104 STAT. 4904 PUBLIC LAW 101-647—NOV. 29, 1990 SEC. 2587. REWARD FOR INFORMATION LEADING TO POSSIBLE PROSECU- TION. (a) AMENDMENT OF TITLE 18, UNITED STATES CODE. —Chapter 203 of title 18, United States Code, is amended by inserting after section 3059 the following new section: "§ 3059A. Special rewards for information relating to certain Hnancial 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, 287, 656, 657, 1001, 1005, 1006, 1007, 1014, 1032, 1341, 1343, or 1344 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 this 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 this 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