Civil Investigative Demands: How to Respond and Reduce Risk
In 2025, the U.S. Department of Justice announced its intent to further focus on False Claims Act (FCA) cases, which aim to target organizations that defraud the government or falsely certify compliance. This builds on a record-setting 2024, when more cases were brought than ever, with a heavy focus on the healthcare sector. One of the first signs that an organization may be under government scrutiny is the receipt of a Civil Investigative Demand (CID). CIDs authorize the DOJ to request documents, sworn written answers, or sworn live testimony from individuals and entities, and are increasingly being used in the healthcare field to investigate potential FCA violations. The receipt of a CID can be easy to miss and does not automatically mean a criminal investigation is underway, but mishandling one can carry serious consequences, including escalating scrutiny, costly settlements, and reputational damage. Dan Martin, partner in Balch’s White-Collar Defense & Investigations Practice,...