A civil investigative demand, or CID, is a powerful law enforcement tool that federal agencies such as the United States Department of Justice (DOJ) can use during the early stages of investigations into potential antitrust violations or violations of the False Claims Act. Receiving a CID is an intimidating event, and responding effectively to the demand is essential.
Dr. Nick Oberheiden and the defense lawyers at the national law firm Oberheiden P.C. have helped numerous individuals and corporations navigate these tricky legal waters and insulate their companies from legal liability.
The Department of Justice and Civil Investigative Demands
A CID is an administrative subpoena. It demands the information listed in the subpoena from the recipient and threatens the imposition of criminal contempt if the demand is not complied with. Unlike other subpoenas, though, a federal district court is not involved in the issuance of a CID. This means that civil investigative demands (CIDs) can be issued without the agency first having to show probable cause.
Not all federal law enforcement agencies have the authority to issue civil investigative demands (CIDs). The DOJ, in fact, is a federal agency that only has Congressional authority to do so in two types of cases:
Athena Construction Group Inc. must pay about $1 million for violating the False Claims Act by making misrepresentations about its eligibility to receive contracts set aside for HUBZone companies,...