(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.