Right of the Parties to Qui Tam Actions

(a)If the government of Guam proceeds with the action, it shall have the primary responsibility for prosecuting the action, shall not be bound by an act of the person who had brought the action, and any such private party shall withdraw from such COL1172018 CH. 36 FALSE CLAIMS AND WHISTLEBLOWER ACT action, while receiving compensation as provided under this Chapter for any contributions made prior to withdrawal from such action.

(b)

(1)The government of Guam may dismiss the action notwithstanding the objections of the person initiating the action if the person has been notified by the government of Guam of the filing of the motion and the court has provided the person with an opportunity for a hearing on the motion.

(2)The government of Guam may settle the action with the defendant notwithstanding the objections of the person initiating the action if the court determines, after a hearing, that the proposed settlement is fair, adequate, and reasonable under all the circumstances. Upon a showing of good cause, such hearing may be held in camera. If any such settlement is achieved, the person initiating the action shall have the same rights in such proceedings as such person would have had pursuant to § 37103 if the action had continued.

(c)If the government of Guam elects not to proceed with the action, the person who initiated the action shall have the right to conduct the action.

(1)If the government of Guam so requests, it shall be served with copies of all pleadings filed in the action and shall be supplied with copies of all deposition transcripts (at the government of Guam’s expense).

(2)When a person proceeds with the action, the court, without limiting the status and rights of the person initiating the action, shall not permit the government of Guam to intervene at a later date.

(d)Whether or not the government of Guam proceeds with the action, upon a showing by the government of Guam that certain actions of discovery by the person initiating the action would interfere with the government of Guam’s investigation or prosecution of a criminal or civil matter arising out of the same facts, the court may stay such discovery for a period of not more than sixty

(60)days. Such a showing shall be conducted in camera. The court may extend the sixty (60)-day period upon a COL1172018 CH. 36 FALSE CLAIMS AND WHISTLEBLOWER ACT further showing in camera that the government of Guam has pursued the criminal or civil investigation or proceedings with reasonable diligence and any proposed discovery in the civil action will interfere with the ongoing criminal or civil investigation or proceedings.

(e)Notwithstanding § 37202, the government of Guam may elect to pursue its claim through any alternate remedy available to the government of Guam, including any administrative proceeding to determine a civil money penalty. If any such alternate remedy is pursued in another proceeding, the person initiating the action shall have the same rights in such proceeding as such person would have had if the action had continued under this Section. Any finding of fact or conclusion of law made in such other proceeding that has become final shall be conclusive on all parties to an action under this Section. For purposes of the preceding sentence, a finding or conclusion is final if it has been finally determined on appeal to the appropriate court of Guam, if all time for filing such an appeal with respect to the finding or conclusion has expired, or if the finding or conclusion is not subject to judicial review.