(a) Proof of liability in an action brought under this subchapter shall be shown by clear and convincing evidence. Except as otherwise provided in this subchapter, other elements of the cause of action shall be shown by a preponderance of the evidence.
(b)
(1) A person against whom recovery is sought who has a criminal conviction pursuant to the laws of the Virgin Islands, any foreign country, state or federal laws prohibiting the illegal sale of controlled substances is estopped from denying participation in the illegal market for controlled substances. Except as provided in paragraph (2), this subsection does not affect the plaintiff's burden of proving section 646(b)(2)(A), (B) and (C) of this subchapter.
(2) Such a conviction is also prima facie evidence of the person's participation in the marketing of a specified illegal controlled substance used by the individual user where that conviction was based upon the person's marketing of that same type of illegal controlled substance.
(c) The absence of a criminal conviction of a person pursuant to subsection (b) of this section, against whom recovery is sought does not bar an action against that person in an action pursuant to section 646(b)(1), or section 647 of this subchapter.