April 30, 2020 Articles

Civil Investigative Demands in FCA Investigations

An introduction to CIDs, and strategies for response.

By Sean Bosack, Nina Beck, and Allison Reimann
The CID is a powerful prelitigation tool.

The CID is a powerful prelitigation tool.

Part 2 in our False Claims Act series explores the civil investigative demand (CID) as the powerful tool of choice for the U.S. Department of Justice (DOJ) investigating potential violations of the False Claims Act (FCA).

CIDs: An Overview

Simply stated, a CID is a request for records and information issued by the government in connection with a federal FCA investigation. 31 U.S.C. § 3733.

Make no mistake—the CID is a powerful prelitigation tool. It 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. 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. 

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