Guam § 37204 - Award to Qui Tam Plaintiff.

§ 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 fifteen 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 contributed 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 transactions in a

criminal, civil, or administrative hearing, in a congressional,

administrative, or government of Guam report, hearing, audit, or

investigation, or from the news media, the court may award such

sums as it considers appropriate, but in no case more than ten

percent (10%) of the proceeds, taking into account the

significance of the information and the role of the person

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bringing the action in advancing the case to litigation. Any

payment to a person under the first or second sentence of this

Subsection shall be made from the proceeds. Any such person

shall also receive an amount for reasonable expenses 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 with an

action under this Section, the person bringing the action or

settling the claim shall receive an amount which the court

decides is reasonable for collecting the civil penalty 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 paid out of

such proceeds.

(2) Such person shall also receive an amount for

reasonable expenses 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.

(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, then the court may, to the extent

the court considers appropriate, reduce the share of the proceeds

of the action which the person would otherwise receive under

Subsection (a) or (b), taking into account the role of that person

in advancing the case to litigation and any relevant

circumstances pertaining to the violation. If the person bringing

the action is convicted of criminal conduct arising from his or

her role in the violation of § 37102, that person shall be

dismissed from the civil action and shall not receive any share of

the proceeds of the action. Such dismissal shall not prejudice the

right of the government of Guam to continue the action,

represented by the Attorney General.

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(d) If the government of Guam does not proceed with the

action and the person bringing the action conducts the action, the

court may award to the defendant its reasonable attorneys’ fees

and expenses if the defendant prevails in the action and the court

finds that the claim of the person bringing the action 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 the 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 remittance to the

respective general fund or special fund to which such proceeds

would be credited less any actual expenses incurred by the

Office of the Attorney General pursuant to the investigation or

arising from such action, which shall be transferred to the Office

of the Attorney General.