Title 5 — Government Operations

As used in this Chapter, unless the context in which they are used requires a different meaning, or unless a different definition is prescribed for a particular provision: COL1172018 (a) the term ‘claim’ (1) means any request or demand, whether under a contract or otherwise, for …

(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 false or fraud…

Underpayments of Taxes Levied Under the Laws of Guam. (a) The Director of Revenue and Taxation, under regulations prescribed by the Director, is authorized to pay, from the monies appropriated to the Department of Revenue and COL1172018 Taxation in any fiscal year, such sums as h…

Any information furnished pursuant to §§ 37102(b) and 37103 shall be exempt from disclosure under Chapter 10 of Title 5, Guam Code Annotated.

If any provision of this Chapter or its application to any person or circumstance is found to be invalid, or contrary to law, such invalidity shall not affect other provisions or applications of this Chapter which can be given effect without such invalid COL1172018 provision or a…

The Attorney General shall diligently investigate a violation under §§ 37102 and 37103. If the Attorney General finds that a person has violated or is violating §§ 37102 or 37103, the Attorney General may bring a civil action under this Section against the person.

(a) A person may bring a civil action for a violation of §§ 37102 and 37103 for the person and for the government of Guam. (1) The action shall be brought in the name of the government. (2) The action may be dismissed only if the court and the Attorney General give written consen…

(a) If the government of Guam proceeds with the action, it shall have the primary responsibility for prosecuting the action, shall not be bound by an act of the person who had brought the action, and any such private party shall withdraw from such COL1172018 action, while receivi…

(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 fifteen percent (15%), but not more than twenty-five percent…

(a) No court shall have jurisdiction over an action brought by a former or present member of the armed forces under § 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 wh…

Expenses. The government of Guam is not liable for expenses which a person incurs in bringing an action under this Article.

Only in civil actions brought under this Article by the government of Guam, the following shall apply: COL1172018 (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 party …

COL1172018 (a) In General. Any employee, contractor, or agent shall be entitled to all relief necessary to make that employee, contractor, or agent whole, if that employee, contractor, or agent is discharged, demoted, suspended, threatened, harassed, or in any other manner discri…

A civil action under Article 2 may not be brought more than ten (10) years after the date on which the violation is committed.

Which the Government of Guam Intervenes. COL1172018 If the government of Guam elects to intervene and proceed with an action brought under § 37202, the government of Guam may file its own complaint or amend the complaint of a person who has brought an action under § 37202 to clar…

Action. (a) In any action brought under Article 2, the government of Guam shall be required to prove all essential elements of the cause of action, including damages, by a preponderance of the evidence. (b) Notwithstanding any other provision of law, a final judgment rendered in …

(a) Issuance and Service. (1) Whenever the Attorney General, or a designee (for purposes of this Section), has reason to believe that any person may be in possession, custody, or control of any documentary material or information relevant to a false claims law investigation, the …

COL1172018 (a) In General. A civil investigative demand issued under § 37401 may not require the production of any documentary material, the submission of any answers to written interrogatories, or the giving of any oral testimony if such material, answers, or testimony would be …

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 any place within the territorial jurisdiction of the Unified Judiciary of Guam.

(a) Legal Entities. Service of any civil investigative demand issued under § 37401 or of any petition filed 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,…

A verified return by the individual serving any civil investigative demand issued under § 37401 or any petition filed under § 37410 setting forth the manner of such service shall be proof of such service. In the case of service by registered or certified mail, such return shall b…

(a) Sworn Certificates. (1) The production of documentary material in response to a civil investigative demand served under this Section shall be made under a sworn certificate, in such form as the demand designates, by: COL1172018 (A) in the case of a natural person, the person …

(a) Each interrogatory in a civil investigative demand 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 per…

(a) Procedures. The examination of any person pursuant to a civil investigative demand for oral testimony served 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 t…

Transcripts. (a) Designation. The Attorney General shall designate a false claims law investigator to serve as custodian of documentary material, answers to interrogatories, and transcripts of oral testimony received under this Section, and shall designate such additional false c…

(a) Petition for Enforcement. Whenever any person fails to comply with any civil investigative demand issued under § 37401, or whenever satisfactory copying or reproduction of any material requested in such demand cannot be done and such person refuses to surrender such material,…

Any documentary material, answers to written interrogatories, or oral testimony provided under any civil investigative demand issued under § 37401 shall be exempt from disclosure under Chapter 10 of Title 5, Guam Code Annotated.

For purposes of this Article: (a) the term ‘false claims law’ means this Chapter; (b) the term ‘false claims law investigation’ means any inquiry conducted by any false claims law investigator for the purpose of ascertaining whether any person is or has been engaged in any violat…