5 Guam Code Ann. § 37102
Terms Used In 5 Guam Code Ann. § 37102
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
(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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5 Guam Code Ann. GOVERNMENT OPERATIONS
CH. 36 FALSE CLAIMS AND WHISTLEBLOWER ACT
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.