Actions by Private Persons

(a)A person may bring a civil action for a violation of §§ 37102 and 37103 for the person and for the government of Guam.

(1)The action shall be brought in the name of the government.

(2)The action may be dismissed only if the court and the Attorney General give written consent to the dismissal and their reasons for consenting.

(b)A copy of the complaint and written disclosure of substantially all material evidence and information the person possesses shall be served on the government of Guam, to include COL1172018 CH. 36 FALSE CLAIMS AND WHISTLEBLOWER ACT the Attorney General’s Office and the Tax Commissioner, for violations of § 37103.

(1)The complaint shall be filed in camera, shall remain under seal for at least sixty

(60)days, and shall not be served on the defendant until the court so orders.

(2)The government of Guam may elect to intervene and proceed with the action within sixty

(60)days after it receives both the complaint and the material evidence and information.

(c)

(1)The government of Guam may, for good cause shown, move the court for extensions of the time during which the complaint remains under seal under Subsection (b). Any such motions may be supported by affidavits or other submissions in camera.

(2)The defendant shall not be required to respond to any complaint filed under this Section until twenty

(20)days after the complaint is unsealed and served upon the defendant.

(d)Before the expiration of the sixty (60)-day period or any extensions obtained under Subsection (b), the government of Guam shall:

(1)proceed with the action, in which case the action shall be conducted by the government of Guam; or

(2)notify the court that it declines to take over the action, in which case the person bringing the action shall have the right to conduct the action.

(e)When a person brings an action under this Subsection, no person other than the government of Guam may intervene or bring a related action based on the facts underlying the pending action.