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The Spodek Law Group understands how delicate high-profile cases can be, and has a strong track record of getting positive outcomes. Our lawyers service a clientele that is nationwide. With offices in both LA and NYC, and cases all across the country - Spodek Law Group is a top tier law firm.

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Civil Investigative Demand (CID) Lawyers

By Spodek Law Group | January 22, 2023
(Last Updated On: July 28, 2023)

Last Updated on: 28th July 2023, 07:21 pm

The Department of Justice wields a powerful weapon in their arsenal of legal enforcement tools – the Civil Investigative Demand, or CID. This administrative subpoena demands a specific set of information from its recipient and threatens criminal contempt if it is not met. Unlike other subpoenas, the issuance of a CID does not require the involvement of a federal district court, giving the DOJ a significant advantage in their investigations.

But make no mistake, receiving a CID is a daunting and intimidating experience. It is essential to respond effectively and efficiently in order to insulate oneself and one’s company from legal liability. This is where the defense lawyers at national law firm Spodek Law P.C., led by the experienced Todd Spodek, come into play. With a wealth of knowledge and experience in navigating the tricky legal waters of CIDs, they have helped numerous individuals and corporations effectively respond to these demands.

It’s important to note that not all federal law enforcement agencies have the authority to issue Civil Investigative Demands. The DOJ, in particular, only has Congressional authority to do so in cases of alleged antitrust violations and violations of the False Claims Act. These antitrust cases deal with allegedly anti-competitive business behavior, such as bid rigging, price fixing, apportioning regions among competitors, product tying and collusion.

But when faced with the formidable force of the DOJ and a CID, it is essential to have a legal team with the expertise and experience to guide you through the process and protect your rights and interests. Don’t go it alone – trust the defense lawyers at Spodek Law to fight for you.

The False Claims Act is a powerful tool that the government uses to hold individuals and organizations accountable for defrauding government programs. It is violated whenever an improper claim for compensation is made against a source of government funding, and it covers a wide range of conduct, with a particular focus on healthcare fraud. Some examples of violations include:

Submitting false claims and overbilling Medicare or Medicaid for services offered, whether intentionally or accidentally. Self-referral strategies by doctors that violate the Stark Law or the Anti-Kickback Statute. Federal government contractor fraud.

If you or your company have received a Civil Investigative Demand (CID) from the Department of Justice’s Antitrust Division or in connection with False Claims Act investigations, it is vital that you take action. Ignoring the CID will not make it go away, and will only lead to criminal charges for contempt of federal district court, in addition to the continued demands of the CID.

It is also critically important not to over-comply with the demands in the letter. Providing too much information or handing over documents that were not within the contemplation of the CID can lead to unnecessary legal exposure if the extraneous information turns out to be incriminating in some way.

Implement a Legal Hold to Preserve Documents

One of the worst things that you can do, whether on purpose or by accident, is to destroy information or files that are listed in the CID. This can lead to allegations of spoliation and obstruction of justice, as well as a strong presumption that the deleted documents would have been incriminating against you.

The problem is that, in many cases, documents listed in the CID are destroyed under the normal document retention policies of the company that received the demand letter.

By implementing a company-wide legal hold, you can delay an impending file purge and preserve the information for the DOJ.

Gather Documents to Satisfy the Demand Well Before the Deadline

Even if you are going to challenge the issuance of the CID, you still need to gather the documents listed in the demand. This is to avoid a terrible situation where you challenge the CID, lose, and find yourself with little time to gather the information, even though you still have the complete task ahead of you.

But assembling the disclosure package on the eve of the CID’s deadline is not good enough for a strong defense. You want to give yourself enough time to conduct a complete review of the information you are about to hand over to the largest law enforcement agency in the country. If you find something during this review that you do not want to disclose or that might raise suspicions at the DOJ, you have a couple of options:

Come up with a strong argument that it does not fall within the scope of the CID Find a reason to justify non-disclosure, such as the attorney-client privilege Disclose it, but with an explanation that hopefully heads off continued scrutiny

This review is a crucially important defensive step to take during a CID investigation. You need to give your defense team time to do it.

In conclusion, it is important to understand the significance of False Claims Act and the potential legal exposures that come with it. It is also vital to take immediate action, and defend yourself properly if a CID is received.

Civil Investigative Demand (CID) Lawyers

When it comes to navigating the tricky waters of a Civil Investigative Demand (CID), there are two key elements to keep in mind: the subpoena must fall within the jurisdiction of the issuing agency and it must be relevant and material to the investigation at hand. But what happens when these conditions are called into question? One potential solution is to file a motion to quash or limit the CID with the Department of Justice (DOJ).

It’s important to note that the DOJ is unlikely to agree with your claim that the CID is unjustified, but that doesn’t mean all hope is lost. A denied motion can be appealed to the court system, where a more thorough examination of the CID’s validity will take place. However, it’s important to understand that this is an uphill battle, as recent cases have shown that courts will only consider three factors: the authorization for the agency to investigate this type of case, the DOJ’s adherence to proper procedures in issuing the CID, and the relevance and materiality of the information requested.

Though the odds may be stacked against you, it’s still worth filing a motion to quash in order to protect your defense for the future. Failure to do so may result in a court ruling that you’ve waived your right to contest the validity of the CID. So, if you find yourself in the midst of a CID investigation and have concerns about the subpoena’s jurisdiction or relevance, don’t hesitate to take action and file that motion to quash. With a little bit of persistence and a solid defense, you may just be able to set aside that CID and move on with your life.

The Civil Investigative Demands (CIDs) wielded by the U.S. Department of Justice and other federal agencies are not to be taken lightly. These powerful investigative tools are used to gather evidence in support of civil charges, but if evidence of criminal culpability is uncovered, criminal charges become a very real possibility. If you have been served with a CID, it’s crucial to understand what you’re up against.

First and foremost, it’s important to note that a CID is a form of administrative subpoena. This means that federal agencies with the authority to issue CIDs can do so at their discretion, without seeking court approval. However, these agencies can also seek a federal judge’s help in enforcing a CID in the event of non-compliance. And make no mistake, non-compliance can lead to a finding of contempt and even a federal criminal charge under 18 U.S.C. Section 402.

It’s also important to know that several federal agencies have the authority to issue CIDs, including the U.S. Department of Justice, the Federal Trade Commission, and the Consumer Finance Protection Bureau. So, upon receiving a CID, it’s crucial to identify the issuing agency, which should be clearly stated on the CID itself.

In light of the substantial risks involved with facing any federal law enforcement investigation, the receipt of a civil investigative demand should be taken very seriously. It’s important to understand the implications of a CID, and the steps involved in preparing a response. Failure to do so can lead to serious consequences.

Civil Investigative Demand (CID) Lawyers

Are you facing a daunting and overwhelming Civil Investigative Demand (CID) from a federal agency like the DOJ, FTC or CFPB? Don’t panic, instead take control of the situation and take the necessary steps to protect yourself and your business.

When it comes to CIDs, it’s crucial to not only identify the agency that issued the demand, but also to quickly begin efforts to understand the scope and nature of the investigation. The DOJ, FTC and CFPB are all powerful agencies that use CIDs to obtain evidence from witnesses, suspects, and targets in a wide range of federal offenses.

But just because you’ve received a CID doesn’t mean you’re necessarily at risk of facing charges. How can you determine whether you’re under scrutiny or simply a source of information? In some cases, your posture in the investigation may be apparent from the nature of the information sought by the CID. In others, you can simply ask – or, more appropriately, have your legal counsel ask for you.

To navigate this complex process, there are 7 critical steps you should take after receiving a CID from a federal agency:

  1. Institute a Legal Hold – This is a structured effort to preserve any communications, electronic files, and hardcopy documents that could potentially be responsive to the demand. Failure to preserve responsive records can be considered tantamount to destruction, and this can lead to serious allegations regardless of whether you are the focus of the pending investigation.
  2. Determine Whether You Must “Meet and Confer” – Depending on the agency that issued your CID, you may have an obligation or opportunity to “meet and confer” with agency personnel. If you do, a strict deadline will apply, and failure to meet and confer could result in the waiver of certain rights—including potentially the right to challenge the CID.
  3. Begin the Process of Collecting and Reviewing Responsive Documents – Due to the substantial burden that responding to a CID typically entails, upon receiving a CID, it is important to begin response efforts immediately. This begins with developing a systematic approach to collecting and reviewing all responsive documents.
  4. Assess the Risks and Benefits of Cooperation – It’s important to take a strategic approach when deciding whether to cooperate with a federal investigation. Consider the risks and benefits of cooperation, and how cooperation may affect your company’s reputation, legal exposure and bottom line.
  5. Communicate with the Agency – Maintaining open lines of communication with the agency can be beneficial in many ways. It can help you stay informed about the status of the investigation, and provide you with an opportunity to negotiate terms of cooperation or settlement.
  6. Retain Experienced Legal Counsel – It’s essential to have experienced legal counsel who can guide you through the CID process and protect your rights. Your legal counsel can also help you prepare a response that complies with the CID and protects your interests.
  7. Monitor and Update your Compliance Program – A robust compliance program can help you detect and prevent potential violations, and it can also be helpful in demonstrating to the agency that you take compliance seriously.

Don’t let a CID cripple your business, instead take the necessary steps to protect yourself and your business by following these critical steps. With the right approach, you can navigate this process and come out the other side with your reputation and bottom line intact.

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