“Consciousness of guilt,” at least in California, “refers to conduct that may show a defendant was aware of his or her guilt.”¹ In criminal law, “prosecutors frequently use it to argue that a defendant’s own behavior points toward wrongdoing.”¹ There are many situations where prosecutors argue that a person’s actions reflect guilt. But the concept can apply equally in civil (money based) lawsuits as well². Forms of conduct that can show consciousness of guilt/liability in civil cases include: false exculpatory statements, willful suppression of evidence, and flight. California Evidence Code, §413 for instance. allows courts to consider a party’s willful suppression or fabrication of evidence as relevant to evaluating their state of mind and credibility. In Nevada, NRS 42.001(1) defines “conscious disregard” for purposes of punitive damages (i.e., “malice, express or implied” and oppression) as “knowledge of the probable harmful consequences of a wrongful act and a willful and deliberate failure to act to avoid those consequences.” For purposes of this discussion and IVGID in particular, we point to false exculpatory explanations given by staff and past/current Board members after the fallacy of former explanations are revealed.

Recreation (“RFF“) And Beach (“BFF“) Facility Fees Are The Product of Nonexchange Transactions: Because the RFF/BFF do not satisfy the minimum requisites for a legitimate “fee,” as we’ve elsewhere demonstrated, they do not qualify as “service charges.” Nevertheless, let’s assume arguendo the RFF/BFF can be “fees.” Here we address whether they can be legitimate NRS 318.197(1) “service charges?” As we’ve elsewhere documented, according to staff and past District Boards (“Boards”), the RFF/BFF are NRS 318.197(1) “recreation standby and service charges”³…

The District‘s RFF/BFF Are Expressly Authorized by NRS 318.197 as “Facility Fees:”

The District‘s Solid Waste Franchise Fee is Really a “Program Administration Fee:”

And now you know!

1. Go to https://www.lacriminaldefenseattorney.com/blog/2026/april/what-is-consciousness-of-guilt-in-criminal-law-/.
2. See Donchin v. Guerrero, 34 Cal. App. 4th 1832, 1841, 41 Cal.Rptr.2d 192 (1995) [“just as a criminal defendant’s false exculpatory statement is evidence of his consciousness of guilt, a civil defendant’s false exculpatory statement can be evidence of his consciousness of liability”].
3. See page 185 of the packet of materials prepared by staff in anticipation of the Board’s May 26, 2022 meeting (“the 5/26/2022 Board packet“).