Attorney's Note

Under the Guam Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
misdemeanorup to 1 yearup to $1,000
For details, see 9 Guam Code Ann. § 80.34

Terms Used In 11 Guam Code Ann. § 106512

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
(a) Any corporate entity responsible for an act or omission expressly declared to be a criminal offense by this Act shall be guilty:

(1) Of a misdemeanor punishable by a fine not exceeding Fifty
Thousand Dollars ($50,000).

(2) If the act or omission was intended to defraud, of a felony punishable by fine not exceeding One Hundred Thousand Dollar ($100,000).

(b) Violation of this Act by an individual shall be a misdemeanor if the amount involved is less than One Thousand Dollars ($1,000.00).

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COL292017
11 Guam Code Ann. FINANCE & TAXATION
CH. 106 BANKS

Violation where the sum involved exceeds One Thousand Dollars
($1,000.00) shall be a felony.

(c) An officer, director, employee, agent or attorney of a bank shall be responsible for an act or omission of the institution declared to be a criminal offense against this Title whenever, knowing that such act or omission is unlawful, he participates in authorizing, executing, ratifying or concealing such act, or in authorizing or ratifying such omission or, having a duty to take the required action, omits to do so.

A director shall be deemed to participate in any action of which he has knowledge taken or omitted to be taken by the board of which he is a member unless he dissents therefrom in writing and promptly notifies the Commissioner of his dissent.

(d) It shall be a criminal offense against this Title to violate any lawful order of the Board or of the Commissioner, served upon it, or knowingly violate any lawful rule, regulation or order of the Board.

(e) Unless otherwise provided in this Title, it shall be no defense to a criminal prosecution hereunder that the defendant did not know the facts establishing the criminal character of the act or omission charged if he could and should have known such facts in the proper performance of his duty.

SOURCE: GC § 30810. Subsection (b) amended by P.L. 13-187:197. P.L. 22-
127:2 renumbered this section from § 106513 to § 106512.