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:

COL1172018

5 Guam Code Ann. GOVERNMENT OPERATIONS
CH. 36 FALSE CLAIMS AND WHISTLEBLOWER ACT

(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;

COL1172018

5 Guam Code Ann. GOVERNMENT OPERATIONS
CH. 36 FALSE CLAIMS AND WHISTLEBLOWER ACT

(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.