OAG on Open Government Law: Intent required for Prosecution

December 27, 2019- Tamuning, Guam- We share the public’s interest in ensuring that laws are followed. However, violation of the Open Government Law is not enough to secure a criminal conviction; we are required to prove beyond a reasonable doubt that there was an intention to break the law.

As illustrated in a recent criminal case, it is a challenge to prove intent when actions are taken either in the presence of or under the guidance of legal counsel. We are reviewing the Office of Public Accountability’s audit and determining what remedies are available which include civil, criminal, or administrative action.