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in an action under paragraph (1), the person who
brought the action shall be entitled to receive from
the Agency an amount equal to the sum of—
‘‘(A) 30 percent of that portion of the re-
covery value of all the assets recovered pursu-
ant to such action which does not exceed
$1,000,000;
‘‘(B) 20 percent of that portion of the re-
covery value of all the assets recovered pursu-
ant to such action which exceeds $1,000,000
and does not exceed $5,000,000;
‘‘(C) 10 percent of that portion of the re-
covery value of all the assets recovered pursu-
ant to such action which exceeds $5,000,000
and does not exceed $10,000,000; and
‘‘(D) 5 percent of that portion of the re-
covery value of all the assets recovered pursu-
ant to such action which exceeds $10,000,000.
‘‘(3) DOUBLE AWARDS PROHIBITED.—No per-
son who receives, pursuant to paragraph (2), any
share of an asset recovered in an action under para-
graph (1) shall be entitled to receive or retain any
reward under section 34 of the Federal Deposit In-
surance Act or section 3059A of title 18, United
253
States Code, for providing any information relating
to such asset.
‘‘(4) PROTECTION
OF
MOVING
PARTY.—The
provisions of section 3059A(e) of title 18, United
States Code, shall apply with respect to any person
who brings an action under paragraph (1) in the
same manner as such provisions apply to any person
described in such section.
‘‘(5) NOTICE
TO
AGENCY.—Any person who
brings an action under this subsection shall prompt-
ly notify the Agency of—
‘‘(A) the filing of any action under this
section;
‘‘(B) any final judgment or order with re-
gard to such action; and
‘‘(C) any settlement discussions among the
parties to such action.
‘‘(6) SETTLEMENT WITHOUT AGENCY CONSENT
PROHIBITED.—No settlement agreement with regard
to any action under paragraph (1) may be entered
into or agreed to by any person who brought the ac-
tion on behalf of the Agency without the prior writ-
ten consent of the Agency.
‘‘(7) COUNTERCLAIMS.—If a counterclaim is
filed in any action under paragraph (1), no action
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may be taken in connection with such action until
the counterclaim has been served on any appropriate
party, including the Attorney General or the Agency.
‘‘(8) AWARD OF COST AND ATTORNEY FEES TO
PREVAILING PLAINTIFF.—In addition to any amount
received under paragraph (2) by any person who
brings an action on behalf of the Agency under
paragraph (1) and prevails, the court, in the court’s
discretion, may allow the person reasonable attor-
neys’ fees and other costs of such person in connec-
tion with such action.
‘‘(9) INELIGIBILITY OF CERTAIN PERSONS FOR
SHARE OF ASSETS.—Paragraph (2) shall not apply
with respect to the following persons in the case of
any action brought by any such person under para-
graph (1) in connection with a restitution order re-
ferred to in such paragraph:
‘‘(A) Any current or former officer or em-
ployee of the United States or any State who
directly or indirectly obtained, in whole or in
part, any information with respect to any asset
which is the subject of the action while acting
within the course of such officer’s or employee’s
government employment.
255
‘‘(B) Any person who participated in any
banking law violation which resulted in the issu-
ance of the restitution order.
‘‘(C) Any institution-affiliated party who
withheld any information which such person
had a fiduciary duty to disclose relating to any
banking law violation that resulted in the issu-
ance of the restitution order.
‘‘(D) Any member of the immediate family
of a defendant who is subject to the restitution
order.
‘‘(10) EXCEPTION FOR CERTAIN ASSETS.—This
subsection shall not apply with respect to any asset
referred to in paragraph (1) in which the Agency
has—
‘‘(A) perfected a security interest before
the date an action is filed under paragraph (1);
or
‘‘(B) otherwise asserted a legal interest as
a matter of public record before such date.
‘‘(11) AVOIDABLE
TRANSFERS.—Any person
who brings an action under paragraph (1) with re-
spect to any asset may exercise any authority of the
Agency under section 11(d)(17) to avoid a transfer
256
and recover the value of the asset, subject to the
provisions of such section.
‘‘(12) APPLICABILITY TO AGENCY AND NCUA.—
If any portion of the amount of any restitution or-
dered under section 3663 of title 18, United States
Code, accrues to the benefit of the Agency or the
National Credit Union Administration, this sub-
section shall be applied by substituting ‘Resolution,
Asset Management and Liquidation Agency’ or ‘Na-
tional Credit Union Administration’, as the case may
be, for ‘Corporation’ each place such term appears,
except that section 207(b)(16) of the Federal Credit
Union Act shall apply with respect to the authority
of any person under paragraph (11) to avoid a
transfer of an asset and recover the value of the
asset on behalf of the National Credit Union Admin-
istration.’’.
(b) SCOPE OF APPLICATION.—The amendment made
by subsection (a) shall apply to any restitution order is-
sued under section 3663 of title 18, United States Code,
in connection with a banking law violation which is in ef-
fect, or becomes effective, on or after the date of the enact-
ment of this Act.
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