The inquiry may be relevant to that purpose The investigation would be conducted for a legitimate purpose 13, 2018), a magistrate judge enforced a CID for deposition testimony, concluding that all of the following factors were met: And, to the extent that parameters for enforcement have been defined, courts have embraced broad standards applicable to administrative subpoenas. While there are some limits on the CID’s authority, 1 in practice few parameters have been defined. The breadth of the CID in and of itself makes it a powerful tool. Once litigation is underway, the government must rely on traditional discovery tools ( i.e., written discovery, subpoenas). Importantly, a CID can only be issued prior to the commencement of formal civil proceedings under the FCA or making an election under the FCA. A CID obligates the recipient to produce the requested information absent a valid claim of privilege or narrowing, either by agreement or by order of a court. WHEN CAN A CID BE ISSUED?Ī CID can be issued when the government has reason to believe that any person or entity may be in possession, custody, or control of any documentary material or information relevant to an FCA investigation. To the extent that the recipient is a target of the investigation, and not merely a witness, the recipient may face the possibility of treble damages, significant civil penalties, reputational harm, potential exclusion from federal health care and other government contracting programs, and more. Sworn oral testimony related to the documents or information requested or Moreover, because CIDs are issued outside of litigation - and targets may be reluctant to challenge the scope of the government’s investigation for fear of appearing uncooperative or having something to hide - there is little guidance on the scope or limitations of CIDs.Ī CID can be broad, invasive, time-consuming and expensive. Make no mistake - the CID is a powerful pre-litigation tool that enables the government to investigate potential FCA violations and determine whether sufficient evidence exists to warrant filing an action or intervening in a qui tam case. government in connection with a federal FCA investigation. Simply stated, a CID is a request for records and information issued by the U.S. Department of Justice (DOJ) in investigating potential violations of the False Claims Act (FCA).
#CID EPISODE 1298 SERIES#
Part two in our False Claims Act series explores the Civil Investigative Demand (CID) as the powerful tool of choice for the U.S.
#CID EPISODE 1298 UPDATE#
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