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10 Years after FCA Amendments, CIDs are DOJ’s Investigatory Tool of Choice

Jun.06.2019

On May 23, 2019, the United States District Court for the Southern District of Indiana granted a petition for summary enforcement of a Civil Investigative Demands (CID) in United States v. Andrew Elsbury, finding that testimony requested by the Department of Justice (DOJ) was relevant to the government’s False Claim Act (FCA) investigation. This ruling, which reinforces the DOJ’s expansive CID authority, coincides with the ten-year anniversary of Congress’ enactment of the Fraud Enforcement and Recovery Act (FERA), which amended the CID provisions of the FCA and authorized the Attorney General to delegate CID authority within the DOJ. In an article published in Bloomberg Law, C&M attorneys discuss the proliferation of CIDs since the 2009 FERA amendments and their profound impact on how FCA cases are investigated and litigated. The article concludes with discussion of best practices and associated risks when responding to this powerful investigative tool.

For more information, please contact the professional(s) listed below, or your regular Crowell & Moring contact.

David B. Robbins
Partner – Washington, D.C.
Phone: +1 202.624.2627
Email: drobbins@crowell.com
Jason M. Crawford
Counsel – Washington, D.C.
Phone: +1 202.624.2562
Email: jcrawford@crowell.com