Guam § 37101 - Definitions.

§ 37101. Definitions.

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:

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(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 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 employment

or as an income subsidy with no restrictions on that

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;

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(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 duty,

whether or not fixed, arising from an express or implied

contractual, grantor-grantee, or licensor-licensee

relationship, from a fee-based or similar relationship, from

statute or regulation, or from the retention of any

overpayment.