Guam § 37102 - Liability for Certain Acts.

§ 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 false 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 property or

money used, or to be used, by the government of Guam 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 without

completely knowing that the information on the receipt 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 may

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 obligation to

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pay or transmit money or property to the government of

Guam, or knowingly conceals or knowingly and improperly

avoids or decreases an obligation to pay or transmit 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 Ten

Thousand Dollars ($10,000), plus three (3) times the

amount of damages which the government of Guam sustains

because of the act of that person.

(b) Reduced Damages. If the court finds that:

(1) the person committing the violation of this Section

furnished officials of Guam responsible for investigating

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 information;

(2) such person fully cooperated with any government

of Guam investigation of such violation; and

(3) at the time such person furnished the government

of Guam with the information about the violation, no

criminal prosecution, civil action, or administrative action

had commenced under this title with respect to such

violation, and the person did not have actual knowledge of

the existence of an investigation into such violation, the

court may assess not less than two (2) times the amount of

damages which the government sustains because of the act

of that person.

(c) Costs of Civil Actions. A person violating this 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 shall have

jurisdiction over such matters cited in this Chapter.