If you or your company receives a civil investigative demand (CID) related to a government investigation under the False Claims Act (31 U.S.C. § 3729 et seq.), or FCA, you need to respond appropriately to insulate yourself from serious legal liability. While receiving a CID does not necessarily mean that you are the one that is under investigation, responding incorrectly can escalate the situation until you are.
Here is what you need to know about handling this potentially dangerous process.
First and foremost, if you receive a civil investigative demand issued by a law enforcement agency related to a False Claims Act case, it is not a guarantee that you are the target of that investigation or that you are suspected of potential False Claims Act violations or making a fraudulent or false claim for compensation with the federal government. You may just have information that is relevant to a false claims law investigation that targets someone else.
The CID will rarely say so, though.
That is why it is always a wise move to hire a defense lawyer to represent you or your company and handle the CID. An attorney with experience responding to these demands for information can read between the lines of the CID to determine what your role is in the investigation. The steps that you take and the information that you provide to satisfy the CID should change depending on your role.
Even if you are not the target, though, a defense lawyer’s legal...
Over the last year, beyond traditional healthcare and federal procurement matters, the government has pursued federal False Claims Act (FCA) investigations and enforcement across high-risk areas, ...