Guam § 37409 - Custodians of Documents, Answers, and

§ 37409. Custodians of Documents, Answers, and

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 claims law investigators as the Attorney

General determines from time to time to be necessary to serve as

deputies to the custodian.

(b) Responsibility for Materials; Disclosure.

(1) A false claims law investigator who receives any

documentary material, answers to interrogatories, or

transcripts of oral testimony under this Section shall

transmit them to the custodian. The custodian shall take

physical possession of such material, answers, or transcripts

and shall be responsible for the use made of them and for

the return of documentary material under Subsection (d).

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(2) The custodian may cause the preparation of such

copies of such documentary material, answers to

interrogatories, or transcripts of oral testimony as may be

required for official use by any false claims law

investigator, or other officer or employee of the Office of

the Attorney General. Such material, answers, and

transcripts may be used by any such authorized false claims

law investigator or other officer or employee in connection

with the taking of oral testimony under this Section.

(3) Except as otherwise provided in this Subsection,

no documentary material, answers to interrogatories, or

transcripts of oral testimony, or copies thereof, while in the

possession of the custodian, shall be available for

examination by any individual other than a false claims law

investigator or other officer or employee of the Office of the

Attorney General authorized under Item (2). The prohibition

in the preceding sentence on the availability of material,

answers, or transcripts shall not apply if consent is given by

the person who produced such material, answers, or

transcripts, or, in the case of any product of discovery

produced pursuant to an express demand for such material,

consent is given by the person from whom the discovery

was obtained. Nothing in this Subparagraph is intended to

prevent disclosure to I Liheslaturan Guåhan, including any

committee or subcommittee of I Liheslaturan Guåhan, or to

any other agency of the government of Guam for use by

such agency in furtherance of its statutory responsibilities.

(4) While in the possession of the custodian and under

such reasonable terms and conditions as the Attorney

General shall prescribe:

(A) documentary material and answers to

interrogatories shall be available for examination by

the person who produced such material or answers, or

by a representative of that person authorized by that

person to examine such material and answers; and

(B) transcripts of oral testimony shall be available

for examination by the person who produced such

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testimony, or by a representative of that person

authorized by that person to examine such transcripts.

(c) Use of Material, Answers, or Transcripts in Other

Proceedings. Whenever any attorney of the Office of the

Attorney General has been designated to appear before any

court, grand jury, or agency in any case or proceeding, the

custodian of any documentary material, answers to

interrogatories, or transcripts of oral testimony received under

this Section may deliver to such attorney such material, answers,

or transcripts for official use in connection with any such case or

proceeding as such attorney determines to be required. Upon the

completion of any such case or proceeding, such attorney shall

return to the custodian any such material, answers, or transcripts

so delivered which have not passed into the control of such

court, grand jury, or agency through introduction into the record

of such case or proceeding.

(d) Conditions for Return of Material. If any documentary

material has been produced by any person in the course of any

false claims law investigation pursuant to a civil investigative

demand under this Section, and

(1) any case or proceeding before the court or grand

jury arising out of such investigation, or any proceeding

before any federal agency involving such material, has been

completed, or

(2) no case or proceeding in which such material may

be used has been commenced within a reasonable time after

completion of the examination and analysis of all

documentary material and other information assembled in

the course of such investigation, the custodian shall, upon

written request of the person who produced such material,

return to such person any such material (other than copies

furnished to the false claims law investigator under §

37408(b) or made for the Office of the Attorney General

under Subsection (b)(2) which has not passed into the

control of any court, grand jury, or agency through

introduction into the record of such case or proceeding.

(e) Appointment of Successor Custodians.

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(1) In the event of the death, disability, or separation

from service in the Office of the Attorney General of the

custodian of any documentary material, answers to

interrogatories, or transcripts of oral testimony produced

pursuant to a civil investigative demand under this Section,

or in the event of the official relief of such custodian from

responsibility for the custody and control of such material,

answers, or transcripts, the Attorney General shall

promptly:

(A) designate another false claims law

investigator to serve as custodian of such material,

answers, or transcripts; and

(B) transmit in writing to the person who

produced such material, answers, or testimony notice

of the identity and address of the successor so

designated.

(2) Any person who is designated to be a successor

under this Paragraph shall have, with regard to such

material, answers, or transcripts, the same duties and

responsibilities as were imposed by this Section upon that

person’s predecessor in office, except that the successor

shall not be held responsible for any default or dereliction

which occurred before that designation.