Guam § 37201 - or other false claims law, or making an election

§ 37201. or other false claims law, or making an election

under § 37202, issue in writing and cause to be served 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 with

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.

(2) The Attorney General may delegate the authority to

issue civil investigative demands under this Subsection.

Whenever a civil investigative demand is an express

demand for any product of discovery, the Attorney General,

the Deputy Attorney General, or an Assistant Attorney

General shall cause to be served, in any manner authorized

by this Section, a copy of such demand upon the person

from whom the discovery was obtained and shall notify the

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person to whom such demand is issued of the date on which

such copy was served. Any information obtained by the

Attorney General or a designee of the Attorney General

under this Section may be shared with any qui tam relator if

the Attorney General or designee determine it is necessary

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 conduct

constituting the alleged violation of a false claims law

which is under investigation, and the applicable provision 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 within

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 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 testimony,

the demand shall:

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(A) prescribe a date, time, and place at which oral

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 other

representative; and

(E) describe the general purpose for which the

demand is being issued and the general nature of the

testimony, including the primary areas of inquiry,

which will be taken pursuant to the demand.

(5) Any civil investigative demand issued under this

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 served upon

the person from whom the discovery was obtained.

(6) The date prescribed for the commencement of oral

testimony pursuant to a civil investigative demand issued

under this Section shall be a date which is not less than

seven (7) days after the date on which demand is received,

unless the Attorney General or an Assistant Attorney

General designated by the Attorney General determines that

exceptional circumstances are present which warrant the

commencement of such testimony within a lesser period of

time.

(7) The Attorney General shall not authorize the

issuance under this Section of more than one (1) civil

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 necessary.