(1) Whenever the Attorney General, or a designee (for purposes of this Section), has reason to believe that any person may be in possession, custody, or control of any documentary material or information relevant to a false claims law investigation, the Attorney General, or a designee, may, before commencing a civil proceeding under
§ 37201 or other false claims law, or making an election under § 37202, issue in writing and cause to be served upon such person, a civil investigative demand requiring such person:

(A) to produce such documentary material for inspection and copying;

(B) to answer in writing written interrogatories with respect to such documentary material or information;

(C) to give oral testimony concerning such documentary material or information; or

(D) to furnish any combination of such material, answers, or testimony.

(2) The Attorney General may delegate the authority to issue civil investigative demands under this Subsection. Whenever a civil investigative demand is an express demand for any product of discovery, the Attorney General, the Deputy Attorney General, or an Assistant Attorney General shall cause to be served, in any manner authorized by this Section, a copy of such demand upon the person from whom the discovery was obtained and shall notify the

COL1172018

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

person to whom such demand is issued of the date on which such copy was served. Any information obtained by the Attorney General or a designee of the Attorney General under this Section may be shared with any qui tam relator if the Attorney General or designee determine it is necessary as part of any false claims act investigation.

(b) Contents and Deadlines.

(1) Each civil investigative demand issued under Subsection (a) shall state the nature of the conduct constituting the alleged violation of a false claims law which is under investigation, and the applicable provision of law alleged to be violated.

(2) If such demand is for the production of documentary material, the demand shall:

(A) describe each class of documentary material to be produced with such definiteness and certainty as to permit such material to be fairly identified;

(B) prescribe a return date for each such class which will provide a reasonable period of time within which the material so demanded may be assembled and made available for inspection and copying; and

(C) identify the false claims law investigator to whom such material shall be made available.

(3) If such demand is for answers to written interrogatories, the demand shall:

(A) set forth with specificity the written interrogatories to be answered;

(B) prescribe dates at which time answers to written interrogatories shall be submitted; and

(C) identify the false claims law investigator to whom such answers shall be submitted.

(4) If such demand is for the giving of oral testimony, the demand shall:

COL1172018

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

(A) prescribe a date, time, and place at which oral testimony shall be commenced;

(B) identify a false claims law investigator who shall conduct the examination, and the custodian to whom the transcript of such examination shall be submitted;

(C) specify that such attendance and testimony are necessary to the conduct of the investigation;

(D) notify the person receiving the demand of the right to be accompanied by an attorney and any other representative; and

(E) describe the general purpose for which the demand is being issued and the general nature of the testimony, including the primary areas of inquiry, which will be taken pursuant to the demand.

(5) Any civil investigative demand issued under this Section which is an express demand for any product of discovery shall not be returned or returnable until twenty (20) days after a copy of such demand has been served upon the person from whom the discovery was obtained.

(6) The date prescribed for the commencement of oral testimony pursuant to a civil investigative demand issued under this Section shall be a date which is not less than seven (7) days after the date on which demand is received, unless the Attorney General or an Assistant Attorney General designated by the Attorney General determines that exceptional circumstances are present which warrant the commencement of such testimony within a lesser period of time.

(7) The Attorney General shall not authorize the issuance under this Section of more than one (1) civil investigative demand for oral testimony by the same person unless the person requests otherwise or unless the Attorney General, after investigation, notifies that person in writing that an additional demand for oral testimony is necessary.