Chapter 37

5 GCA GOVERNMENT OPERATIONS CH. 36 FALSE CLAIMS AND WHISTLEBLOWER ACT 1 CHAPTER 37 FALSE CLAIMS AND WHISTLEBLOWER ACT SOURCE: Entire Chapter added by P.L. 34-116:XII:20 (Aug. 2 4, 2018). COMMENT: Various provisions of this chapter refer to the 'Unified Judiciary of Guam' in relation to jurisdic tion over cases brought under this chapter. However, for clarifica tion purposes, 7 GCA § 2101(a) states that 'The Courts of justice of Guam shall consist of the Supreme Court of Guam and the Superi or Court of Guam.' Further, 7 GCA § 4101(a) specifically states : (a) The Superior Court of Guam is a court of genera l jurisdiction in Guam, having original jurisdiction as prescribed by this Title and in other laws of Guam which are not within the exclusive jurisdiction of the Supreme Court of Guam or the District Court of Guam . As a practical matter, it is not explicitly clear w hether 'jurisdiction over such matters cited in this Chapter' lies with the Superior Court or the Supreme Court. Article 1. False Claims and Whistleblowing. Article 2. Civil Actions for False Claims and Whis tleblowing. Article 3. False Claims and Whistleblowing Procedu re. Article 4. Civil Investigative Demands.

ticle 1. False Claims and Whistleblowing. Article 2. Civil Actions for False Claims and Whis tleblowing. Article 3. False Claims and Whistleblowing Procedu re. Article 4. Civil Investigative Demands. ARTICLE 1 FALSE CLAIMS AND WHISTLEBLOWING § 37101. Definitions. § 37102. Liability for Certain Acts. § 37103. Whistleblower Awards to Individuals Who Re port Underpayments of Taxes Levied Under the Laws of Guam. § 37104. Exemption from Disclosure. § 37105. Severability. § 37101. Definitions. As used in this Chapter, unless the context in whic h they are used requires a different meaning, or unless a diff erent definition is prescribed for a particular provision: COL11720185 GCA GOVERNMENT OPERATIONS CH. 36 FALSE CLAIMS AND WHISTLEBLOWER ACT 2 (a) the term ‘claim’ (1) means any request or demand, whether under a contract or otherwise, for money or property and whether or not the government of Guam has title to the money or property, that: (A) is presented to an officer, employee, or agent of the government of Guam; or (B) is made to a contractor, grantee, or other recipient, if the money or property is to be spent or used on the government of Guam’s behalf or to advance a government of

f the government of Guam; or (B) is made to a contractor, grantee, or other recipient, if the money or property is to be spent or used on the government of Guam’s behalf or to advance a government of Guam program or interest, and if the government of Guam: (i) provides or has provided any portion of the money or property requested or demanded; or (ii) will reimburse such contractor, grantee, or other recipient for any portion of the money or property which is requested or demanded; and (2) does not include requests or demands for money or property that the government of Guam has paid to an individual as compensation for employmen t or as an income subsidy with no restrictions on tha t individual’s use of the money or property; (b) the terms ‘knowing’ and ‘knowingly’ (1) mean that a person, with respect to information: (A) has actual knowledge of the information; (B) acts in deliberate ignorance of the truth or falsity of the information; or (C) acts in reckless disregard of the truth or falsity of the information; and (2) require no proof of specific intent to defraud ; COL11720185 GCA GOVERNMENT OPERATIONS CH.

ty of the information; or (C) acts in reckless disregard of the truth or falsity of the information; and (2) require no proof of specific intent to defraud ; COL11720185 GCA GOVERNMENT OPERATIONS CH. 36 FALSE CLAIMS AND WHISTLEBLOWER ACT 3 (c) the term ‘material’ means having a natural tendency to influence, or be capable of influencing , the payment or receipt of money or property; and (d) the term ‘obligation’ means an established dut y, whether or not fixed, arising from an express or im plied contractual, grantor-grantee, or licensor-licensee relationship, from a fee-based or similar relations hip, from statute or regulation, or from the retention of any overpayment. § 37102. Liability for Certain Acts. (a) Subject to Subsection (b) of this Section, any person who: (1) knowingly presents, or causes to be presented, a false or fraudulent claim for payment or approval; (2) knowingly makes, uses, or causes to be made or used, a false record or statement material to a fal se or fraudulent claim; (3) conspires to commit a violation of items (1), (2), (4), (5), (6), or (7); (4) has possession, custody, or control of propert y or money used, or to be used, by the government of Gua m

lent claim; (3) conspires to commit a violation of items (1), (2), (4), (5), (6), or (7); (4) has possession, custody, or control of propert y or money used, or to be used, by the government of Gua m and knowingly delivers, or causes to be delivered, less than all of that money or property; (5) is authorized to make or deliver a document certifying receipt of property used, or to be used, by the government of Guam and, intending to defraud the government of Guam, makes or delivers the receipt w ithout completely knowing that the information on the rece ipt is true; (6) knowingly buys, or receives as a pledge of an obligation or debt, public property from an officer or employee of the government of Guam, who lawfully ma y not sell or pledge property; or (7) knowingly makes, uses, or causes to be made or used, a false record or statement material to an ob ligation to COL11720185 GCA GOVERNMENT OPERATIONS CH. 36 FALSE CLAIMS AND WHISTLEBLOWER ACT 4 pay or transmit money or property to the government of Guam, or knowingly conceals or knowingly and improp erly avoids or decreases an obligation to pay or transmi t money or property to the government of Guam, is liable to the government

e government of Guam, or knowingly conceals or knowingly and improp erly avoids or decreases an obligation to pay or transmi t money or property to the government of Guam, is liable to the government of Guam for a civil penalty of not less than Five Thousand Dollars ($5,000) and not more than Te n Thousand Dollars ($10,000), plus three (3) times th e amount of damages which the government of Guam sust ains because of the act of that person. (b) Reduced Damages. If the court finds that: (1) the person committing the violation of this Se ction furnished officials of Guam responsible for investi gating false claims violations with all information known to such person about the violation within thirty (30) days after the date on which the defendant first obtained the info rmation; (2) such person fully cooperated with any governme nt of Guam investigation of such violation; and (3) at the time such person furnished the governme nt of Guam with the information about the violation, n o criminal prosecution, civil action, or administrati ve action had commenced under this title with respect to such violation, and the person did not have actual knowl edge of the existence of an

, n o criminal prosecution, civil action, or administrati ve action had commenced under this title with respect to such violation, and the person did not have actual knowl edge of the existence of an investigation into such violati on, the court may assess not less than two (2) times the am ount of damages which the government sustains because of th e act of that person. (c) Costs of Civil Actions. A person violating thi s Chapter shall also be liable to the government of Guam for the costs of a civil action brought to recover any such penalty or damages. (d) Jurisdiction. The Unified Judiciary of Guam sh all have jurisdiction over such matters cited in this Chapte r. § 37103. Whistleblower Awards to Individuals Who R eport Underpayments of Taxes Levied Under the Laws of Gua m. (a) The Director of Revenue and Taxation, under regulations prescribed by the Director, is authoriz ed to pay, from the monies appropriated to the Department of Revenu e and COL11720185 GCA GOVERNMENT OPERATIONS CH. 36 FALSE CLAIMS AND WHISTLEBLOWER ACT 5 Taxation in any fiscal year, such sums as he deems necessary for: (1) detecting underpayments of tax levied under th e laws enacted in Guam, or (2)

RATIONS CH. 36 FALSE CLAIMS AND WHISTLEBLOWER ACT 5 Taxation in any fiscal year, such sums as he deems necessary for: (1) detecting underpayments of tax levied under th e laws enacted in Guam, or (2) detecting and bringing to trial and punishment persons guilty of violating the tax laws enacted in Guam or conniving at the same, in cases where such expenses are not otherwise provided for by law. Any amount payable u nder the preceding sentence shall be paid from the proce eds of amounts collected by reason of the information prov ided, and any amount so collected shall be available for such payments. (b) Awards to Whistleblowers. (1) If the Director proceeds with any administrati ve or judicial action described in Subsection (a) based o n information brought to the Director’s attention by an individual, such individual shall, subject to Parag raph (2), receive as an award at least fifteen percent (15%), but not more than thirty percent (30%), of the collected pr oceeds (including penalties, interest, additions to tax, a nd additional amounts) resulting from the action (including any r elated actions) or from any settlement in response to such action.

cted pr oceeds (including penalties, interest, additions to tax, a nd additional amounts) resulting from the action (including any r elated actions) or from any settlement in response to such action. The determination of the amount of such award by th e Tax Enforcement Division of the Department of Revenue a nd Taxation shall depend upon the extent to which the individual substantially contributed to such action within the ranges as prescribed in this Section. (2) Award in Case of Less Substantial Contribution . (A) In the event the action described in Paragraph (1) is one which the Tax Enforcement Division determines to be based principally on disclosures o f specific allegations (other than information provid ed by the individual described in Paragraph (1)) resul ting from a judicial or administrative hearing, from a governmental report, hearing, audit, or investigati on, or from the news media, the Tax Enforcement Division may award such sums as it considers appropriate, bu t COL11720185 GCA GOVERNMENT OPERATIONS CH. 36 FALSE CLAIMS AND WHISTLEBLOWER ACT 6 in no case more than ten percent (10%) of the colle cted proceeds (including penalties, interest, additions to tax, and

L11720185 GCA GOVERNMENT OPERATIONS CH. 36 FALSE CLAIMS AND WHISTLEBLOWER ACT 6 in no case more than ten percent (10%) of the colle cted proceeds (including penalties, interest, additions to tax, and additional amounts) resulting from the action (including any related actions) or from any settlem ent in response to such action, taking into account the significance of the individual’s information and th e role of such individual and any legal representativ e of such individual in contributing to such action. (B) Nonapplication of Paragraph Where Individual is Original Source of Information. Subparagraph (A) shall not apply if the information resulting in the initiation of the action described in Paragraph (1) was originally provided by the indivi dual described in Paragraph (1). (3) Reduction in or Denial of Award. If the Tax Enforcement Division determines that the claim for an award under Paragraph (1) or (2) is brought by an i ndividual who planned and initiated the actions that led to t he underpayment of tax or actions described in Subsect ion (a)(2), then the Tax Enforcement Division may appropriately reduce such award.

ndividual who planned and initiated the actions that led to t he underpayment of tax or actions described in Subsect ion (a)(2), then the Tax Enforcement Division may appropriately reduce such award. If such individual is convicted of criminal conduct arising from the role described in the preceding sentence, the Tax Enforc ement Division shall deny any award. (4) Appeal of Award Determination. Any determination regarding an award under Paragraph (1 ), (2), or (3) may, within thirty (30) days of such determi nation, be appealed to the Unified Judiciary of Guam (and the Unified Judiciary of Guam shall have jurisdiction with resp ect to such matter). (5) Application of this Subsection. This Subsectio n shall apply with respect to any action: (A) against any taxpayer, but in the case of any individual, only if such individual’s gross income exceeds Two Hundred Thousand Dollars ($200,000) for any taxable year subject to such action, and COL11720185 GCA GOVERNMENT OPERATIONS CH. 36 FALSE CLAIMS AND WHISTLEBLOWER ACT 7 (B) if the tax, penalties, interest, additions to tax, and additional amounts in dispute exceed Two Millio n Dollars ($2,000,000). (6) Additional rules.

NS CH. 36 FALSE CLAIMS AND WHISTLEBLOWER ACT 7 (B) if the tax, penalties, interest, additions to tax, and additional amounts in dispute exceed Two Millio n Dollars ($2,000,000). (6) Additional rules. (A) No Contract Necessary. No contract with the Department of Revenue and Taxation is necessary for any individual to receive an award under this Subsection. (B) Representation. Any individual described in Paragraph (1) or (2) may be represented by counsel. (C) Submission of Information. No award may be made under this Subsection based on information submitted to the Director unless such information i s submitted under penalty of perjury. (7) If the government of Guam elects not to procee d with the action pursuant to § 37203(c) of this Chap ter, the Tax Enforcement Division shall award not less than thirty percent (30%) of the collected proceeds (including penalties, interest, additions to tax, and addition al amounts) resulting from the action (including any related ac tions) or from any settlement in response to such action. Suc h person shall also receive an amount for reasonable expense s which the court finds to have been necessarily incurred, plus reasonable attorneys’ fees and

settlement in response to such action. Suc h person shall also receive an amount for reasonable expense s which the court finds to have been necessarily incurred, plus reasonable attorneys’ fees and costs. All such expe nses, fees, and costs shall be awarded against the defend ant. § 37104. Exemption from Disclosure. Any information furnished pursuant to §§ 37102(b) a nd 37103 shall be exempt from disclosure under Chapter 10 of Title 5, Guam Code Annotated. § 37105. Severability. If any provision of this Chapter or its application to any person or circumstance is found to be invalid, or c ontrary to law, such invalidity shall not affect other provisions o r applications of this Chapter which can be given effect without such invalid COL11720185 GCA GOVERNMENT OPERATIONS CH. 36 FALSE CLAIMS AND WHISTLEBLOWER ACT 8 provision or application, and to this end the provi sions of this Chapter are severable. --------- ARTICLE 2 CIVIL ACTIONS FOR FALSE CLAIMS AND WHISTLEBLOWING § 37201. Responsibilities of the Attorney General. § 37202. Actions by Private Persons. § 37203. Right of the Parties to Qui Tam Actions. § 37204. Award to Qui Tam Plaintiff. § 37205. Certain Actions Barred.

Responsibilities of the Attorney General. § 37202. Actions by Private Persons. § 37203. Right of the Parties to Qui Tam Actions. § 37204. Award to Qui Tam Plaintiff. § 37205. Certain Actions Barred. § 37206. Government of Guam Not Liable for Certain Expenses. § 37207. Fees and Expenses to Prevailing Defendant. § 37208. Relief from Retaliatory Actions § 37201. Responsibilities of the Attorney General. The Attorney General shall diligently investigate a violation under §§ 37102 and 37103. If the Attorney General f inds that a person has violated or is violating §§ 37102 or 371 03, the Attorney General may bring a civil action under thi s Section against the person. § 37202. Actions by Private Persons. (a) A person may bring a civil action for a violat ion of §§ 37102 and 37103 for the person and for the governme nt of Guam. (1) The action shall be brought in the name of the government. (2) The action may be dismissed only if the court a nd the Attorney General give written consent to the di smissal and their reasons for consenting. (b) A copy of the complaint and written disclosure of substantially all material evidence and information the person possesses shall be served on the

the di smissal and their reasons for consenting. (b) A copy of the complaint and written disclosure of substantially all material evidence and information the person possesses shall be served on the government of Guam , to include COL11720185 GCA GOVERNMENT OPERATIONS CH. 36 FALSE CLAIMS AND WHISTLEBLOWER ACT 9 the Attorney General’s Office and the Tax Commissio ner, for violations of § 37103. (1) The complaint shall be filed in camera, shall r emain under seal for at least sixty (60) days, and shall not be served on the defendant until the court so orders. (2) The government of Guam may elect to intervene and proceed with the action within sixty (60) days after it receives both the complaint and the material eviden ce and information. (c) (1) The government of Guam may, for good cause shown, move the court for extensions of the time du ring which the complaint remains under seal under Subsec tion (b). Any such motions may be supported by affidavit s or other submissions in camera. (2) The defendant shall not be required to respond to any complaint filed under this Section until twenty (20) days after the complaint is unsealed and served upo n the defendant.

missions in camera. (2) The defendant shall not be required to respond to any complaint filed under this Section until twenty (20) days after the complaint is unsealed and served upo n the defendant. (d) Before the expiration of the sixty (60)-day pe riod or any extensions obtained under Subsection (b), the gover nment of Guam shall: (1) proceed with the action, in which case the act ion shall be conducted by the government of Guam; or (2) notify the court that it declines to take over the action, in which case the person bringing the actio n shall have the right to conduct the action. (e) When a person brings an action under this Subs ection, no person other than the government of Guam may int ervene or bring a related action based on the facts underlyin g the pending action. § 37203. Right of the Parties to Qui Tam Actions. (a) If the government of Guam proceeds with the ac tion, it shall have the primary responsibility for prosecuti ng the action, shall not be bound by an act of the person who had brought the action, and any such private party shall withdraw f rom such COL11720185 GCA GOVERNMENT OPERATIONS CH.

lity for prosecuti ng the action, shall not be bound by an act of the person who had brought the action, and any such private party shall withdraw f rom such COL11720185 GCA GOVERNMENT OPERATIONS CH. 36 FALSE CLAIMS AND WHISTLEBLOWER ACT 10 action, while receiving compensation as provided un der this Chapter for any contributions made prior to withdra wal from such action. (b) (1) The government of Guam may dismiss the act ion notwithstanding the objections of the person initia ting the action if the person has been notified by the gover nment of Guam of the filing of the motion and the court has provided the person with an opportunity for a hearing on the motion. (2) The government of Guam may settle the action with the defendant notwithstanding the objections o f the person initiating the action if the court determine s, after a hearing, that the proposed settlement is fair, adeq uate, and reasonable under all the circumstances. Upon a show ing of good cause, such hearing may be held in camera. If any such settlement is achieved, the person initiating the action shall have the same rights in such proceedings as s uch person would have had pursuant to § 37103 if the ac tion had

ld in camera. If any such settlement is achieved, the person initiating the action shall have the same rights in such proceedings as s uch person would have had pursuant to § 37103 if the ac tion had continued. (c) If the government of Guam elects not to procee d with the action, the person who initiated the action sha ll have the right to conduct the action. (1) If the government of Guam so requests, it shall be served with copies of all pleadings filed in the ac tion and shall be supplied with copies of all deposition tra nscripts (at the government of Guam’s expense). (2) When a person proceeds with the action, the cou rt, without limiting the status and rights of the perso n initiating the action, shall not permit the government of Guam to intervene at a later date. (d) Whether or not the government of Guam proceeds with the action, upon a showing by the government of Gua m that certain actions of discovery by the person initiati ng the action would interfere with the government of Guam’s inves tigation or prosecution of a criminal or civil matter arising o ut of the same facts, the court may stay such discovery for a peri od of not more than sixty (60) days.

the government of Guam’s inves tigation or prosecution of a criminal or civil matter arising o ut of the same facts, the court may stay such discovery for a peri od of not more than sixty (60) days. Such a showing shall be condu cted in camera. The court may extend the sixty (60)-day per iod upon a COL11720185 GCA GOVERNMENT OPERATIONS CH. 36 FALSE CLAIMS AND WHISTLEBLOWER ACT 11 further showing in camera that the government of Gu am has pursued the criminal or civil investigation or proc eedings with reasonable diligence and any proposed discovery in the civil action will interfere with the ongoing criminal or civil investigation or proceedings. (e) Notwithstanding § 37202, the government of Gua m may elect to pursue its claim through any alternate remedy available to the government of Guam, including any administrative proceeding to determine a civil mone y penalty. If any such alternate remedy is pursued in another pro ceeding, the person initiating the action shall have the same ri ghts in such proceeding as such person would have had if the act ion had continued under this Section.

emedy is pursued in another pro ceeding, the person initiating the action shall have the same ri ghts in such proceeding as such person would have had if the act ion had continued under this Section. Any finding of fact o r conclusion of law made in such other proceeding that has becom e final shall be conclusive on all parties to an action under thi s Section. For purposes of the preceding sentence, a finding or co nclusion is final if it has been finally determined on appeal t o the appropriate court of Guam, if all time for filing s uch an appeal with respect to the finding or conclusion has expir ed, or if the finding or conclusion is not subject to judicial re view. § 37204. Award to Qui Tam Plaintiff. (a) Except as otherwise provided under § 37103, if the government of Guam proceeds with an action brought by a person under § 37202, such person shall, subject to the second sentence of this Subsection, receive at least fifte en percent (15%), but not more than twenty-five percent (25%), of the proceeds of the action or settlement of the claim, depending upon the extent to which the person substantially c ontributed to the prosecution of the action.

re than twenty-five percent (25%), of the proceeds of the action or settlement of the claim, depending upon the extent to which the person substantially c ontributed to the prosecution of the action. Where the action is one which the court finds to be based primarily on disclosures of specific information (other than information provided by the person bringing the action) relating to allegations or tra nsactions in a criminal, civil, or administrative hearing, in a co ngressional, administrative, or government of Guam report, heari ng, audit, or investigation, or from the news media, the court ma y award such sums as it considers appropriate, but in no case mo re than ten percent (10%) of the proceeds, taking into account the significance of the information and the role of the person COL11720185 GCA GOVERNMENT OPERATIONS CH. 36 FALSE CLAIMS AND WHISTLEBLOWER ACT 12 bringing the action in advancing the case to litiga tion. Any payment to a person under the first or second sente nce of this Subsection shall be made from the proceeds. Any suc h person shall also receive an amount for reasonable expense s which the court finds to have been necessarily incurred, plus reasonable

nce of this Subsection shall be made from the proceeds. Any suc h person shall also receive an amount for reasonable expense s which the court finds to have been necessarily incurred, plus reasonable attorneys’ fees and costs. All such expenses, fees, and costs shall be awarded against the defendant. (b) If the government of Guam does not proceed wit h an action under this Section, the person bringing the action or settling the claim shall receive an amount which th e court decides is reasonable for collecting the civil pena lty and damages. (1) The amount shall be not less than twenty-five percent (25%) and not more than thirty percent (30% ) of the proceeds of the action or settlement and shall be p aid out of such proceeds. (2) Such person shall also receive an amount for reasonable expenses which the court finds to have b een necessarily incurred, plus reasonable attorneys’ fe es and costs. All such expenses, fees, and costs shall be awarded against the defendant. (c) Whether or not the government of Guam proceeds with the action, if the court finds that the action was brought by a person who planned and initiated the violation of § 37102 upon which the action was brought,

r not the government of Guam proceeds with the action, if the court finds that the action was brought by a person who planned and initiated the violation of § 37102 upon which the action was brought, then the court may, t o the extent the court considers appropriate, reduce the share o f the proceeds of the action which the person would otherwise rece ive under Subsection (a) or (b), taking into account the role of that person in advancing the case to litigation and any relevan t circumstances pertaining to the violation. If the p erson bringing the action is convicted of criminal conduct arising from his or her role in the violation of § 37102, that person s hall be dismissed from the civil action and shall not recei ve any share of the proceeds of the action. Such dismissal shall no t prejudice the right of the government of Guam to continue the act ion, represented by the Attorney General. COL11720185 GCA GOVERNMENT OPERATIONS CH. 36 FALSE CLAIMS AND WHISTLEBLOWER ACT 13 (d) If the government of Guam does not proceed wit h the action and the person bringing the action conducts the action, the court may award to the defendant its reasonable att orneys’ fees and expenses if the

e government of Guam does not proceed wit h the action and the person bringing the action conducts the action, the court may award to the defendant its reasonable att orneys’ fees and expenses if the defendant prevails in the actio n and the court finds that the claim of the person bringing the act ion was clearly frivolous, clearly vexatious, or brought primarily for purposes of harassment. (e) Whether or not the government of Guam proceeds with an action under § 37203(a), all civil penalties and fines awarded by the court, in excess of the amount awarded by th e court as provided in this Chapter to any private individual( s) who bring a private enforcement action under this law, shall be remitted to the Department of Revenue and Taxation for remittan ce to the respective general fund or special fund to which su ch proceeds would be credited less any actual expenses incurred by the Office of the Attorney General pursuant to the inve stigation or arising from such action, which shall be transferre d to the Office of the Attorney General. § 37205. Certain Actions Barred. (a) No court shall have jurisdiction over an actio n brought by a former or present member of the armed forces u

e transferre d to the Office of the Attorney General. § 37205. Certain Actions Barred. (a) No court shall have jurisdiction over an actio n brought by a former or present member of the armed forces u nder § 37202 against a member of the armed forces arising out of such person’s service in the armed forces. (b) In no event may a person bring an action under § 37202 which is based upon allegations or transactions whi ch are the subject of a civil suit or an administrative civil money penalty proceeding in which the government of Guam is alrea dy a party. § 37206. Government of Guam Not Liable for Certain Expenses. The government of Guam is not liable for expenses w hich a person incurs in bringing an action under this Arti cle. § 37207. Fees and Expenses to Prevailing Defendant. Only in civil actions brought under this Article by the government of Guam, the following shall apply: COL11720185 GCA GOVERNMENT OPERATIONS CH. 36 FALSE CLAIMS AND WHISTLEBLOWER ACT 14 (a) (1) A court shall award to a prevailing party other than the government of Guam fees and other expenses, in addition to any costs awarded, incurred by that par ty in any civil action (other than cases sounding in tort), i

d to a prevailing party other than the government of Guam fees and other expenses, in addition to any costs awarded, incurred by that par ty in any civil action (other than cases sounding in tort), i ncluding proceedings for judicial review of agency action, b rought by or against the government of Guam in the Unified Ju diciary of Guam, unless the court finds that the position o f the government of Guam was substantially justified or t hat special circumstances make an award unjust. (2) A party seeking an award of fees and other expenses shall, within thirty (30) days of final ju dgment in the action, submit to the court an application for fees and other expenses which shows that the party is a prev ailing party and is eligible to receive an award under thi s Section, and the amount sought, including an itemized statem ent from any attorney or expert witness representing or appearing in behalf of the party stating the actual time expended and the rate at which fees and other expen ses were computed. The party shall also allege that the position of the government of Guam was not substantially jus tified.

tating the actual time expended and the rate at which fees and other expen ses were computed. The party shall also allege that the position of the government of Guam was not substantially jus tified. Whether or not the position of the government of Gu am was substantially justified shall be determined on the basis of the record (including the record with respect to the ac tion or failure to act by the agency upon which the civil a ction is based) which is made in the civil action for which fees and other expenses are sought. (3) The court, in its discretion, may reduce the a mount to be awarded pursuant to this Subsection, or deny an award, to the extent that the prevailing party duri ng the course of the proceedings engaged in conduct which unduly and unreasonably protracted the final resolution of the matter in controversy. (4) If, in a civil action brought by the governmen t of Guam under this Article, the demand by the governme nt of Guam is substantially in excess of the judgment fin ally obtained by the government of Guam and is unreasona ble when compared with such judgment, under the facts a nd circumstances of the case, the court shall award to the party COL11720185 GCA

t fin ally obtained by the government of Guam and is unreasona ble when compared with such judgment, under the facts a nd circumstances of the case, the court shall award to the party COL11720185 GCA GOVERNMENT OPERATIONS CH. 36 FALSE CLAIMS AND WHISTLEBLOWER ACT 15 the fees and other expenses related to defending ag ainst the excessive demand, unless the party has committed a willful violation of law or otherwise acted in bad faith, o r special circumstances make an award unjust. Fees and expens es awarded under this Subparagraph shall be paid only as a consequence of appropriations provided in advance. (b) For the purposes of this Section: (1) ‘fees and other expenses’ includes the reasona ble expenses of expert witnesses, the reasonable cost o f any study, analysis, engineering report, test, or proje ct which is found by the court to be necessary for the preparat ion of the party’s case, and reasonable attorney fees (the amo unt of fees awarded under this Subsection shall be based u pon prevailing market rates for the kind and quality of the services furnished, except that no expert witness s hall be compensated at a rate in excess of the highest rate of compensation for expert

pon prevailing market rates for the kind and quality of the services furnished, except that no expert witness s hall be compensated at a rate in excess of the highest rate of compensation for expert witnesses paid by the Gover nment of Guam); (2) ‘government of Guam’ includes any agency and any official of the government of Guam acting in hi s or her official capacity; (3) ‘position of the government of Guam’ means, in addition to the position taken by the government of Guam in the civil action, the action or failure to act by t he agency upon which the civil action is based; except that f ees and expenses may not be awarded to a party for any port ion of the litigation in which the party has unreasonably protracted the proceedings; and (4) ‘final judgment’ means a judgment that is fina l and not appealable, and includes an order of settlement . (c) Fees and other expenses awarded under this Sub section to a party shall be paid by any agency over which t he party prevails from any funds made available to the agenc y by appropriation or otherwise. § 37208. Relief from Retaliatory Actions. COL11720185 GCA GOVERNMENT OPERATIONS CH.

y agency over which t he party prevails from any funds made available to the agenc y by appropriation or otherwise. § 37208. Relief from Retaliatory Actions. COL11720185 GCA GOVERNMENT OPERATIONS CH. 36 FALSE CLAIMS AND WHISTLEBLOWER ACT 16 (a) In General. Any employee, contractor, or agent shall be entitled to all relief necessary to make that emplo yee, contractor, or agent whole, if that employee, contractor, or ag ent is discharged, demoted, suspended, threatened, harasse d, or in any other manner discriminated against in the terms and conditions of employment because of lawful acts done by the em ployee, contractor, agent or associated others in furtheran ce of an action under this section or other efforts to stop one (1) or more violations of this Chapter. (b) Relief. Relief under Subsection (a) shall incl ude reinstatement with the same seniority status that e mployee, contractor, or agent would have had but for the dis crimination, two (2) times the amount of back pay, interest on t he back pay, and compensation for any special damages sustained as a result of the discrimination, including litigation costs a nd reasonable attorneys’ fees.

es the amount of back pay, interest on t he back pay, and compensation for any special damages sustained as a result of the discrimination, including litigation costs a nd reasonable attorneys’ fees. An action under this Subsection ma y be brought in the Unified Judiciary of Guam for the relief pro vided in this Subsection. (c) Limitation on Bringing Civil Action. A civil a ction under this Subsection may not be brought more than three (3) years after the date when the retaliation occurred. --------- ARTICLE 3 FALSE CLAIMS AND WHISTLEBLOWING PROCEDURE § 37301. Statute of Limitations for Civil Actions. § 37302. Clarification or Addition of Detail to Cla ims in Which the Government of Guam Intervenes. § 37303. Government to Prove Elements of the Cause of Action. § 37301. Statute of Limitations for Civil Actions. A civil action under Article 2 may not be brought m ore than ten (10) years after the date on which the violatio n is committed. § 37302. Clarification or Addition of Detail to Cla ims in Which the Government of Guam Intervenes. COL11720185 GCA GOVERNMENT OPERATIONS CH. 36 FALSE CLAIMS AND WHISTLEBLOWER ACT 17 If the government of Guam elects to intervene and p roceed with

Cla ims in Which the Government of Guam Intervenes. COL11720185 GCA GOVERNMENT OPERATIONS CH. 36 FALSE CLAIMS AND WHISTLEBLOWER ACT 17 If the government of Guam elects to intervene and p roceed with an action brought under § 37202, the governmen t of Guam may file its own complaint or amend the complaint o f a person who has brought an action under § 37202 to clarify or add detail to the claims in which the government of Guam is in tervening and to add any additional claims with respect to wh ich the government contends it is entitled to relief. For s tatute of limitations purposes, any such government of Guam p leading shall relate back to the filing date of the complai nt of the person who originally brought the action, to the extent th at the claim of the government of Guam arises out of the conduct, t ransactions, or occurrences set forth, or attempted to be set fo rth, in the prior complaint of that person. § 37303. Government to Prove Elements of the Cause of Action. (a) In any action brought under Article 2, the gov ernment of Guam shall be required to prove all essential el ements of the cause of action, including damages, by a prepondera nce of the evidence.

. (a) In any action brought under Article 2, the gov ernment of Guam shall be required to prove all essential el ements of the cause of action, including damages, by a prepondera nce of the evidence. (b) Notwithstanding any other provision of law, a final judgment rendered in favor of the government of Gua m in any criminal proceeding charging fraud or false stateme nts, whether upon a verdict after trial or upon a plea of guilty or nolo contendere, shall estop the defendant from denying the essential elements of the offense in any action which involve s the same transaction as in the criminal proceeding and which is brought under §§ 37201 or 37202. --------- ARTICLE 4 CIVIL INVESTIGATIVE DEMANDS § 37401. In General. § 37402. Protected Material of Information. § 37403. Service; Jurisdiction. § 37404. Service Upon Legal Entities and Natural Pe rsons. § 37405. Proof of Service. COL11720185 GCA GOVERNMENT OPERATIONS CH. 36 FALSE CLAIMS AND WHISTLEBLOWER ACT 18 § 37406. Documentary Material. § 37407. Interrogatories. § 37408. Oral Examinations. § 37409. Custodians of Documents, Answers, and Tran scripts. § 37410. Judicial Proceedings. § 37411. Disclosure Exemption. § 37412.

ary Material. § 37407. Interrogatories. § 37408. Oral Examinations. § 37409. Custodians of Documents, Answers, and Tran scripts. § 37410. Judicial Proceedings. § 37411. Disclosure Exemption. § 37412. Definitions. § 37401. In General. (a) Issuance and Service. (1) Whenever the Attorney General, or a designee (f or purposes of this Section), has reason to believe th at any person may be in possession, custody, or control of any documentary material or information relevant to a f alse claims law investigation, the Attorney General, or a designee, may, before commencing a civil proceeding under § 37201 or other false claims law, or making an ele ction under § 37202, issue in writing and cause to be ser ved upon such person, a civil investigative demand requiring such person: (A) to produce such documentary material for inspection and copying; (B) to answer in writing written interrogatories w ith respect to such documentary material or information ; (C) to give oral testimony concerning such documentary material or information; or (D) to furnish any combination of such material, answers, or testimony.

o such documentary material or information ; (C) to give oral testimony concerning such documentary material or information; or (D) to furnish any combination of such material, answers, or testimony. (2) The Attorney General may delegate the authority to issue civil investigative demands under this Subsec tion. Whenever a civil investigative demand is an express demand for any product of discovery, the Attorney G eneral, the Deputy Attorney General, or an Assistant Attorn ey General shall cause to be served, in any manner aut horized by this Section, a copy of such demand upon the per son from whom the discovery was obtained and shall noti fy the COL11720185 GCA GOVERNMENT OPERATIONS CH. 36 FALSE CLAIMS AND WHISTLEBLOWER ACT 19 person to whom such demand is issued of the date on which such copy was served. Any information obtained by t he Attorney General or a designee of the Attorney Gene ral under this Section may be shared with any qui tam r elator if the Attorney General or designee determine it is ne cessary as part of any false claims act investigation. (b) Contents and Deadlines.

al under this Section may be shared with any qui tam r elator if the Attorney General or designee determine it is ne cessary as part of any false claims act investigation. (b) Contents and Deadlines. (1) Each civil investigative demand issued under Subsection (a) shall state the nature of the conduc t constituting the alleged violation of a false claim s law which is under investigation, and the applicable pr ovision of law alleged to be violated. (2) If such demand is for the production of documentary material, the demand shall: (A) describe each class of documentary material to be produced with such definiteness and certainty as to permit such material to be fairly identified; (B) prescribe a return date for each such class which will provide a reasonable period of time with in which the material so demanded may be assembled and made available for inspection and copying; and (C) identify the false claims law investigator to whom such material shall be made available. (3) If such demand is for answers to written interrogatories, the demand shall: (A) set forth with specificity the written interrogatories to be answered; (B) prescribe dates at which time answers to written

uch demand is for answers to written interrogatories, the demand shall: (A) set forth with specificity the written interrogatories to be answered; (B) prescribe dates at which time answers to written interrogatories shall be submitted; and (C) identify the false claims law investigator to whom such answers shall be submitted. (4) If such demand is for the giving of oral testi mony, the demand shall: COL11720185 GCA GOVERNMENT OPERATIONS CH. 36 FALSE CLAIMS AND WHISTLEBLOWER ACT 20 (A) prescribe a date, time, and place at which ora l testimony shall be commenced; (B) identify a false claims law investigator who shall conduct the examination, and the custodian to whom the transcript of such examination shall be submitted; (C) specify that such attendance and testimony are necessary to the conduct of the investigation; (D) notify the person receiving the demand of the right to be accompanied by an attorney and any othe r representative; and (E) describe the general purpose for which the demand is being issued and the general nature of th e testimony, including the primary areas of inquiry, which will be taken pursuant to the demand.

and (E) describe the general purpose for which the demand is being issued and the general nature of th e testimony, including the primary areas of inquiry, which will be taken pursuant to the demand. (5) Any civil investigative demand issued under th is Section which is an express demand for any product of discovery shall not be returned or returnable until twenty (20) days after a copy of such demand has been serv ed upon the person from whom the discovery was obtained. (6) The date prescribed for the commencement of or al testimony pursuant to a civil investigative demand issued under this Section shall be a date which is not les s than seven (7) days after the date on which demand is re ceived, unless the Attorney General or an Assistant Attorne y General designated by the Attorney General determin es that exceptional circumstances are present which warrant the commencement of such testimony within a lesser peri od of time. (7) The Attorney General shall not authorize the issuance under this Section of more than one (1) ci vil investigative demand for oral testimony by the same person unless the person requests otherwise or unless the Attorney General, after investigation,

nce under this Section of more than one (1) ci vil investigative demand for oral testimony by the same person unless the person requests otherwise or unless the Attorney General, after investigation, notifies that person in writing that an additional demand for oral testimony is nec essary. § 37402. Protected Material of Information. COL11720185 GCA GOVERNMENT OPERATIONS CH. 36 FALSE CLAIMS AND WHISTLEBLOWER ACT 21 (a) In General. A civil investigative demand issue d under § 37401 may not require the production of any documen tary material, the submission of any answers to written interrogatories, or the giving of any oral testimon y if such material, answers, or testimony would be protected from disclosure under: (1) the standards applicable to subpoenas or subpo enas duces tecum issued by a court of the Unified Judiciary of Guam to aid in a grand jury investigation; or (2) the standards applicable to discovery requests under Guam law, to the extent that the application of such standards to any such demand is appropriate and con sistent with the provisions and purposes of this Article. (b) Effect on Other Orders, Rules, and Laws.

, to the extent that the application of such standards to any such demand is appropriate and con sistent with the provisions and purposes of this Article. (b) Effect on Other Orders, Rules, and Laws. Any s uch demand which is an express demand for any product o f discovery supersedes any inconsistent order, rule, or provision of law (other than this Section) preventing or restrai ning disclosure of such product of discovery to any person. Disclos ure of any product of discovery pursuant to any such express d emand does not constitute a waiver of any right or privilege w hich the person making such disclosure may be entitled to invoke to resist discovery of trial preparation materials. § 37403. Service; Jurisdiction. Any civil investigative demand issued under § 37401 may be served by a false claims law investigator, or by a law enforcement officer of the government of Guam, at a ny place within the territorial jurisdiction of the Unified Judiciary of Guam. § 37404. Service Upon Legal Entities and Natural Pe rsons. (a) Legal Entities. Service of any civil investiga tive demand issued under § 37401 or of any petition file d under § 37410 may be made upon a partnership, corporation,

Entities and Natural Pe rsons. (a) Legal Entities. Service of any civil investiga tive demand issued under § 37401 or of any petition file d under § 37410 may be made upon a partnership, corporation, association, or other legal entity by: (1) delivering an executed copy of such demand or petition to any partner, executive officer, managin g agent, or general agent of the partnership, corporation, a ssociation, COL11720185 GCA GOVERNMENT OPERATIONS CH. 36 FALSE CLAIMS AND WHISTLEBLOWER ACT 22 or entity, or to any agent authorized by appointmen t or by law to receive service of process on behalf of such partnership, corporation, association, or entity; (2) delivering an executed copy of such demand or petition to the principal office or place of busine ss of the partnership, corporation, association, or entity; o r (3) depositing an executed copy of such demand or petition in the United States mails by registered o r certified mail, with a return receipt requested, addressed to such partnership, corporation, association, or entity at its principal office or place of business. (b) Natural Persons.

y registered o r certified mail, with a return receipt requested, addressed to such partnership, corporation, association, or entity at its principal office or place of business. (b) Natural Persons. Service of any such demand or petition may be made upon any natural person by: (1) delivering an executed copy of such demand or petition to the person; or (2) depositing an executed copy of such demand or petition in the United States mails by registered o r certified mail, with a return receipt requested, addressed to the person at the person’s residence or principal offic e or place of business. § 37405. Proof of Service. A verified return by the individual serving any civ il investigative demand issued under § 37401 or any pe tition filed under § 37410 setting forth the manner of such serv ice shall be proof of such service. In the case of service by re gistered or certified mail, such return shall be accompanied by the return post office receipt of delivery of such demand. § 37406. Documentary Material. (a) Sworn Certificates. (1) The production of documentary material in response to a civil investigative demand served und er this Section shall be made under a sworn certificate,

ocumentary Material. (a) Sworn Certificates. (1) The production of documentary material in response to a civil investigative demand served und er this Section shall be made under a sworn certificate, in such form as the demand designates, by: COL11720185 GCA GOVERNMENT OPERATIONS CH. 36 FALSE CLAIMS AND WHISTLEBLOWER ACT 23 (A) in the case of a natural person, the person to whom the demand is directed; or (B) in the case of a person other than a natural person, a person having knowledge of the facts and circumstances relating to such production and authorized to act on behalf of such person. (2) The certificate shall state that all of the documentary material required by the demand and in the possession, custody, or control of the person to wh om the demand is directed has been produced and made avail able to the false claims law investigator identified in the demand. (b) Production of Materials. Any person upon whom any civil investigative demand for the production of do cumentary material has been served under this Section shall m ake such material available for inspection and copying to th e false claims law investigator identified in such demand at the p rincipal place of

y material has been served under this Section shall m ake such material available for inspection and copying to th e false claims law investigator identified in such demand at the p rincipal place of business of such person, or at such other place as the false claims law investigator and the person thereafter m ay agree and prescribe in writing, or as the court may direct un der § 37410(a). Such material shall be made so available on the ret urn date specified in such demand, or on such later date as the false claims law investigator may prescribe in writing. S uch person may, upon written agreement between the person and the false claims law investigator, substitute copies for orig inals of all or any part of such material. § 37407. Interrogatories. (a) Each interrogatory in a civil investigative dem and served under this Section shall be answered separately and fully in writing under oath, and shall be submitted under a sworn certificate, in such form as the demand designates, by: (1) in the case of a natural person, the person to whom the demand is directed; or (2) in the case of a person other than a natural p erson, the person or persons responsible for answering eac h

by: (1) in the case of a natural person, the person to whom the demand is directed; or (2) in the case of a person other than a natural p erson, the person or persons responsible for answering eac h interrogatory. COL11720185 GCA GOVERNMENT OPERATIONS CH. 36 FALSE CLAIMS AND WHISTLEBLOWER ACT 24 (b) If any interrogatory is objected to, the reason s for the objection shall be stated in the certificate instea d of an answer. The certificate shall state that all information re quired by the demand and in the possession, custody, control, or knowledge of the person to whom the demand is directed has been submitted. To the extent that any information is not furnished , the information shall be identified and reasons set for th with particularity regarding the reasons why the informa tion was not furnished. § 37408. Oral Examinations. (a) Procedures. The examination of any person purs uant to a civil investigative demand for oral testimony ser ved under this Section shall be taken before an officer authorized to administer oaths and affirmations by the laws of Guam. (1) The officer before whom the testimony is to be taken shall put the witness on oath or affirmation and shall,

before an officer authorized to administer oaths and affirmations by the laws of Guam. (1) The officer before whom the testimony is to be taken shall put the witness on oath or affirmation and shall, personally or by someone acting under the direction of the officer and in the officer’s presence, record the t estimony of the witness. (2) The testimony shall be taken stenographically a nd shall be transcribed. (3) When the testimony is fully transcribed, the of ficer before whom the testimony is taken shall promptly t ransmit a copy of the transcript of the testimony to the cu stodian. This Subsection shall not preclude the taking of te stimony by any means authorized by, and in a manner consistent with, the laws of Guam. (b) Persons Present. The false claims law investig ator conducting the examination shall exclude from the p lace where the examination is held all persons except the pers on giving the testimony, the attorney for and any other represent ative of the person giving the testimony, the attorney for the g overnment, any person who may be agreed upon by the attorney f or the government and the person giving the testimony, the officer before whom the testimony is to be

testimony, the attorney for the g overnment, any person who may be agreed upon by the attorney f or the government and the person giving the testimony, the officer before whom the testimony is to be taken, and any s tenographer taking such testimony. COL11720185 GCA GOVERNMENT OPERATIONS CH. 36 FALSE CLAIMS AND WHISTLEBLOWER ACT 25 (c) Transcript of Testimony. When the testimony is fully transcribed, the false claims law investigator or t he officer before whom the testimony is taken shall afford the witnes s, who may be accompanied by counsel, a reasonable opportunity to examine and read the transcript, unless such examination an d reading are waived by the witness. Any changes in form or subst ance which the witness desires to make shall be entered and id entified upon the transcript by the officer or the false claims l aw investigator, with a statement of the reasons given by the witnes s for making such changes. The transcript shall then be signed b y the witness, unless the witness in writing waives the signing, i s ill, cannot be found, or refuses to sign. If the transcript is not signed by the witness within thirty (30) days after being afforde d a reasonable opportunity

ness in writing waives the signing, i s ill, cannot be found, or refuses to sign. If the transcript is not signed by the witness within thirty (30) days after being afforde d a reasonable opportunity to examine it, the officer or the false claims law investigator shall sign it and state on the record the fact of the waiver, illness, absence of the witness, or the ref usal to sign, together with the reasons, if any, given therefor. (d) Certification and Delivery to Custodian. The o fficer before whom the testimony is taken shall certify on the transcript that the witness was sworn by the officer and that the transcript is a true record of the testimony given by the witn ess, and the officer or false claims law investigator shall prom ptly deliver the transcript, or send the transcript by registered or certified mail, to the custodian. (e) Furnishing or Inspection of Transcript by Witn ess. Upon payment of reasonable charges therefor, the fa lse claims law investigator shall furnish a copy of the transc ript to the witness only, except that the Attorney General, the Deputy Attorney General, or an Assistant Attorney General may, for good cause, limit such witness to inspection of the

py of the transc ript to the witness only, except that the Attorney General, the Deputy Attorney General, or an Assistant Attorney General may, for good cause, limit such witness to inspection of the official transcript of the witness’ testimony. (f) Conduct of Oral Testimony. (1) Any person compelled to appear for oral testim ony under a civil investigative demand issued under § 3 7401 may be accompanied, represented, and advised by cou nsel. Counsel may advise such person, in confidence, with respect to any question asked of such person. Such person or counsel may object on the record to any question , in COL11720185 GCA GOVERNMENT OPERATIONS CH. 36 FALSE CLAIMS AND WHISTLEBLOWER ACT 26 whole or in part, and shall briefly state for the r ecord the reason for the objection. An objection may be made, received, and entered upon the record when it is cl aimed that such person is entitled to refuse to answer th e question on the grounds of any constitutional or other legal right or privilege, including the privilege against self-inc rimination. Such person may not otherwise object to or refuse t o answer any question, and may not directly or through couns el otherwise interrupt the

ilege, including the privilege against self-inc rimination. Such person may not otherwise object to or refuse t o answer any question, and may not directly or through couns el otherwise interrupt the oral examination. If such p erson refuses to answer any question, a petition may be f iled in the Unified Judiciary of Guam under § 37410(a) for an order compelling such person to answer such questio n. (2) If such person refuses to answer any question on the grounds of the privilege against self-incrimina tion, the testimony of such person may be compelled, in a man ner consistent with Guam law. (g) Witness Fees and Allowances. Any person appear ing for oral testimony under a civil investigative dema nd issued under § 37401 shall be entitled to the same fees an d allowances which are paid to witnesses in the Unified Judiciar y of Guam. § 37409. Custodians of Documents, Answers, and Transcripts. (a) Designation. The Attorney General shall design ate a false claims law investigator to serve as custodian of documentary material, answers to interrogatories, a nd transcripts of oral testimony received under this Section, and shall designate such additional false claims law investigators

ve as custodian of documentary material, answers to interrogatories, a nd transcripts of oral testimony received under this Section, and shall designate such additional false claims law investigators as t he Attorney General determines from time to time to be necessar y to serve as deputies to the custodian. (b) Responsibility for Materials; Disclosure. (1) A false claims law investigator who receives a ny documentary material, answers to interrogatories, o r transcripts of oral testimony under this Section sh all transmit them to the custodian. The custodian shall take physical possession of such material, answers, or t ranscripts and shall be responsible for the use made of them a nd for the return of documentary material under Subsection (d). COL11720185 GCA GOVERNMENT OPERATIONS CH. 36 FALSE CLAIMS AND WHISTLEBLOWER ACT 27 (2) The custodian may cause the preparation of suc h copies of such documentary material, answers to interrogatories, or transcripts of oral testimony a s may be required for official use by any false claims law investigator, or other officer or employee of the O ffice of the Attorney General.

rs to interrogatories, or transcripts of oral testimony a s may be required for official use by any false claims law investigator, or other officer or employee of the O ffice of the Attorney General. Such material, answers, and transcripts may be used by any such authorized fals e claims law investigator or other officer or employee in co nnection with the taking of oral testimony under this Sectio n. (3) Except as otherwise provided in this Subsectio n, no documentary material, answers to interrogatories , or transcripts of oral testimony, or copies thereof, w hile in the possession of the custodian, shall be available for examination by any individual other than a false cl aims law investigator or other officer or employee of the Of fice of the Attorney General authorized under Item (2). The pro hibition in the preceding sentence on the availability of ma terial, answers, or transcripts shall not apply if consent is given by the person who produced such material, answers, or transcripts, or, in the case of any product of disc overy produced pursuant to an express demand for such mat erial, consent is given by the person from whom the discov ery was obtained.

answers, or transcripts, or, in the case of any product of disc overy produced pursuant to an express demand for such mat erial, consent is given by the person from whom the discov ery was obtained. Nothing in this Subparagraph is inten ded to prevent disclosure to I Liheslaturan Guåhan , including any committee or subcommittee of I Liheslaturan Guåhan , or to any other agency of the government of Guam for use by such agency in furtherance of its statutory respons ibilities. (4) While in the possession of the custodian and u nder such reasonable terms and conditions as the Attorne y General shall prescribe: (A) documentary material and answers to interrogatories shall be available for examination by the person who produced such material or answers, o r by a representative of that person authorized by th at person to examine such material and answers; and (B) transcripts of oral testimony shall be availab le for examination by the person who produced such COL11720185 GCA GOVERNMENT OPERATIONS CH. 36 FALSE CLAIMS AND WHISTLEBLOWER ACT 28 testimony, or by a representative of that person authorized by that person to examine such transcrip ts.

oduced such COL11720185 GCA GOVERNMENT OPERATIONS CH. 36 FALSE CLAIMS AND WHISTLEBLOWER ACT 28 testimony, or by a representative of that person authorized by that person to examine such transcrip ts. (c) Use of Material, Answers, or Transcripts in Ot her Proceedings. Whenever any attorney of the Office of the Attorney General has been designated to appear befo re any court, grand jury, or agency in any case or proceed ing, the custodian of any documentary material, answers to interrogatories, or transcripts of oral testimony r eceived under this Section may deliver to such attorney such mate rial, answers, or transcripts for official use in connection with any such case or proceeding as such attorney determines to be requir ed. Upon the completion of any such case or proceeding, such att orney shall return to the custodian any such material, answers, or transcripts so delivered which have not passed into the control of such court, grand jury, or agency through introduction i nto the record of such case or proceeding. (d) Conditions for Return of Material. If any docu mentary material has been produced by any person in the cou rse of any false claims law investigation pursuant to a

cord of such case or proceeding. (d) Conditions for Return of Material. If any docu mentary material has been produced by any person in the cou rse of any false claims law investigation pursuant to a civil investigative demand under this Section, and (1) any case or proceeding before the court or gra nd jury arising out of such investigation, or any proc eeding before any federal agency involving such material, has been completed, or (2) no case or proceeding in which such material m ay be used has been commenced within a reasonable time after completion of the examination and analysis of all documentary material and other information assemble d in the course of such investigation, the custodian sha ll, upon written request of the person who produced such mat erial, return to such person any such material (other than copies furnished to the false claims law investigator unde r § 37408(b) or made for the Office of the Attorney Gen eral under Subsection (b)(2) which has not passed into t he control of any court, grand jury, or agency through introduction into the record of such case or procee ding. (e) Appointment of Successor Custodians. COL11720185 GCA GOVERNMENT OPERATIONS CH.

o t he control of any court, grand jury, or agency through introduction into the record of such case or procee ding. (e) Appointment of Successor Custodians. COL11720185 GCA GOVERNMENT OPERATIONS CH. 36 FALSE CLAIMS AND WHISTLEBLOWER ACT 29 (1) In the event of the death, disability, or separ ation from service in the Office of the Attorney General of the custodian of any documentary material, answers to interrogatories, or transcripts of oral testimony p roduced pursuant to a civil investigative demand under this Section, or in the event of the official relief of such cust odian from responsibility for the custody and control of such material, answers, or transcripts, the Attorney General shall promptly: (A) designate another false claims law investigator to serve as custodian of such material , answers, or transcripts; and (B) transmit in writing to the person who produced such material, answers, or testimony notic e of the identity and address of the successor so designated. (2) Any person who is designated to be a successor under this Paragraph shall have, with regard to suc h material, answers, or transcripts, the same duties and responsibilities as were imposed by this

2) Any person who is designated to be a successor under this Paragraph shall have, with regard to suc h material, answers, or transcripts, the same duties and responsibilities as were imposed by this Section up on that person’s predecessor in office, except that the suc cessor shall not be held responsible for any default or de reliction which occurred before that designation. § 37410. Judicial Proceedings. (a) Petition for Enforcement. Whenever any person fails to comply with any civil investigative demand issued u nder § 37401, or whenever satisfactory copying or reproduc tion of any material requested in such demand cannot be done an d such person refuses to surrender such material, the Atto rney General may file, in the Unified Judiciary of Guam, and ser ve upon such person a petition for an order of such court for th e enforcement of the civil investigative demand. (b) Petition to Modify or Set Aside Demand. (1) Any person who has received a civil investigat ive demand issued under § 37401 may file, in the Unifie d Judiciary of Guam, is found, or transacts business, and serve COL11720185 GCA GOVERNMENT OPERATIONS CH.

n who has received a civil investigat ive demand issued under § 37401 may file, in the Unifie d Judiciary of Guam, is found, or transacts business, and serve COL11720185 GCA GOVERNMENT OPERATIONS CH. 36 FALSE CLAIMS AND WHISTLEBLOWER ACT 30 upon the false claims law investigator identified i n such demand a petition for an order of the court to modi fy or set aside such demand. In the case of a petition addres sed to an express demand for any product of discovery, a peti tion to modify or set aside such demand may be brought only in the Unified Judiciary of Guam. Any petition under this item must be filed: (A) within twenty (20) days after the date of service of the civil investigative demand, or at an y time before the return date specified in the demand, whichever date is earlier; or (B) within such longer period as may be prescribed in writing by any false claims law investigator identified in the demand. (2) The petition shall specify each ground upon wh ich the petitioner relies in seeking relief under Item (1), and may be based upon any failure of the demand to comp ly with the provisions of this Section or upon any constitutional or other legal right or privilege of such

s in seeking relief under Item (1), and may be based upon any failure of the demand to comp ly with the provisions of this Section or upon any constitutional or other legal right or privilege of such person. During the pendency of the petition in the court, the court may stay, as it deems proper, the running of the time allowed for compliance with the demand, in whole or in part, except that the person filing the petition sh all comply with any portions of the demand not sought to be mo dified or set aside. (c) Petition to Modify or Set Aside Demand for Pro duct of Discovery. (1) In the case of any civil investigative demand issued under § 37401, which is an express demand fo r any product of discovery, the person from whom such dis covery was obtained may file, in the Unified Judiciary of Guam, and serve upon any false claims law investigator id entified in the demand and upon the recipient of the demand, a petition for an order of such court to modify or se t aside those portions of the demand requiring production o f any such product of discovery. Any petition under this Subparagraph must be filed: COL11720185 GCA GOVERNMENT OPERATIONS CH.

modify or se t aside those portions of the demand requiring production o f any such product of discovery. Any petition under this Subparagraph must be filed: COL11720185 GCA GOVERNMENT OPERATIONS CH. 36 FALSE CLAIMS AND WHISTLEBLOWER ACT 31 (A) within twenty (20) days after the date of service of the civil investigative demand, or at an y time before the return date specified in the demand, whichever date is earlier; or (B) within such longer period as may be prescribed in writing by any false claims law investigator identified in the demand. (2) The petition shall specify each ground upon wh ich the petitioner relies in seeking relief under Item (1), and may be based upon any failure of the portions of th e demand from which relief is sought to comply with t he provisions of this Section, or upon any constitutio nal or other legal right or privilege of the petitioner. D uring the pendency of the petition, the court may stay, as it deems proper, compliance with the demand and the running of the time allowed for compliance with the demand. (d) Petition to Require Performance by Custodian o f Duties.

on, the court may stay, as it deems proper, compliance with the demand and the running of the time allowed for compliance with the demand. (d) Petition to Require Performance by Custodian o f Duties. At any time during which any custodian is i n custody or control of any documentary material or answers to interrogatories produced, or transcripts of oral te stimony given, by any person in compliance with any civil investig ative demand issued under § 37401, such person, and in the case of an express demand for any product of discovery, the person fro m whom such discovery was obtained, may file, in the Unifi ed Judiciary of Guam, and serve upon such custodian, a petition for an order of such court to require the performance by the cus todian of any duty imposed upon the custodian by this Section. (e) Jurisdiction. Whenever any petition is filed i n the Unified Judiciary of Guam under this Section, such court shall have jurisdiction to hear and determine the matter so presented, and to enter such order or orders as may be require d to carry out the provisions of this Section. Any final order so entered shall be subject to appeal to the Supreme Court of Guam.

er so presented, and to enter such order or orders as may be require d to carry out the provisions of this Section. Any final order so entered shall be subject to appeal to the Supreme Court of Guam. Any disobedience of any final order entered under this Section by any court shall be punished as a contempt of the court. (f) Applicability of Federal Rules of Civil Proced ure. The Guam Rules of Civil Procedure shall apply to any pe tition under COL11720185 GCA GOVERNMENT OPERATIONS CH. 36 FALSE CLAIMS AND WHISTLEBLOWER ACT 32 this Subsection, to the extent that such rules are not inconsistent with the provisions of this Section. § 37411. Disclosure Exemption. Any documentary material, answers to written interrogatories, or oral testimony provided under a ny civil investigative demand issued under § 37401 shall be exempt from disclosure under Chapter 10 of Title 5, Guam Code A nnotated. § 37412. Definitions. For purposes of this Article: (a) the term ‘false claims law’ means this Chapter ; (b) the term ‘false claims law investigation’ mean s any inquiry conducted by any false claims law investiga tor for the purpose of ascertaining whether any person is o r has been engaged in any

er ; (b) the term ‘false claims law investigation’ mean s any inquiry conducted by any false claims law investiga tor for the purpose of ascertaining whether any person is o r has been engaged in any violation of the false claims l aw; (c) the term ‘false claims law investigator’ means any attorney or investigator employed by the Office of the Attorney General who is charged with the duty of en forcing or carrying into effect any false claims law, or an y officer or employee of the government of Guam acting under the direction and supervision of such attorney or inves tigator in connection with a false claims law investigation; (d) the term ‘person’ means any natural person, partnership, corporation, association, or other leg al entity, including any state or political subdivision of a s tate; (e) the term ‘documentary material’ includes the original or any copy of any book, record, report, memorandum, paper, communication, tabulation, chart , or other document, or data compilations stored in or a ccessible through computer or other information retrieval sys tems, together with instructions and all other materials necessary to use or interpret such data compilations, and any

ons stored in or a ccessible through computer or other information retrieval sys tems, together with instructions and all other materials necessary to use or interpret such data compilations, and any product of discovery; (f) the term ‘custodian’ means the custodian, or a ny deputy custodian, designated by the Attorney Genera l under § 37409(a); COL11720185 GCA GOVERNMENT OPERATIONS CH. 36 FALSE CLAIMS AND WHISTLEBLOWER ACT 33 (g) the term ‘product of discovery’ includes: (1) the original or duplicate of any deposition, interrogatory, document, thing, result of the inspe ction of land or other property, examination, or admissio n, which is obtained by any method of discovery in any judicial or administrative proceeding of an adversa rial nature; (2) any digest, analysis, selection, compilation, or derivation of any item listed in Item (1); and (3) any index or other manner of access to any item listed in Item (1); and (h) the term ‘official use’ means (1) any use that is consistent with the law, and th e regulations and policies of the Office of the Attor ney General, including use in connection with internal Office of the Attorney General memoranda and reports; (2) communications

h the law, and th e regulations and policies of the Office of the Attor ney General, including use in connection with internal Office of the Attorney General memoranda and reports; (2) communications between the Office of the Attorney General and a government of Guam agency, or a contractor of a government of Guam agency, undertaken in furtherance of an Office of the Attor ney General investigation or prosecution of a case; (3) interviews of any qui tam relator or other witness; (4) oral examinations; (5) depositions; (6) preparation for and response to civil discovery requests; (7) introduction into the record of a case or proceeding; (8) applications, motions, memoranda and briefs submitted to a court or other tribunal; and COL11720185 GCA GOVERNMENT OPERATIONS CH. 36 FALSE CLAIMS AND WHISTLEBLOWER ACT 34 (9) communications with government investigators, auditors, consultants and experts, t he counsel of other parties, arbitrators and mediators , concerning an investigation, case or proceeding. ---------- COL11720185 GCA GOVERNMENT OPERATIONS CH. 36 FALSE CLAIMS AND WHISTLEBLOWER ACT 35 COL1172018