Government to Prove Elements of the Cause of

Action.

(a)In any action brought under Article 2, the government of Guam shall be required to prove all essential elements of the cause of action, including damages, by a preponderance of the evidence.

(b)Notwithstanding any other provision of law, a final judgment rendered in favor of the government of Guam in any criminal proceeding charging fraud or false statements, whether upon a verdict after trial or upon a plea of guilty or nolo contendere, shall estop the defendant from denying the essential elements of the offense in any action which involves the same transaction as in the criminal proceeding and which is brought under §§ 37201 or 37202. --------ARTICLE 4 CIVIL INVESTIGATIVE DEMANDS