A civil investigative demand is a powerful tool that federal investigators use to gather evidence and information that they would use in a civil investigation case. The civil investigative demand or CID is typically used by either the prosecutor in a false claim case or the government to find out if there was any truth to the FCA claims.
CID is also used to determine whether the evidence presented is enough to get a conviction or not. CIDs are more often than not issued outside of a lawsuit. Therefore most targets are usually unwilling to challenge the investigation for fear of seeming uncooperative.
A CID can compel any or all of the following outcomes;
• The target may be asked to produce certain documents.
• Oral testimony of the information or documents acquired from the investigation
• All of the above
The stakes of a typical CID issue are high. The recipient of the CID is most times the target of the investigation, and it is bound to cause some serious damage to them. They include: getting potentially excluded from state health care or any other contracting programs by the government, civil penalties, and damage to one’s reputation, among others.
The False Claim Act
The federal false claim act stipulates that all individuals or companies must be held accountable for presenting any fraudulent or false claims to obtain payment from the government of the United States. A case in point would be a laboratory billing a patient for tests that were never conducted in the first place. This example would form a basis for the investigation of FCA violation.
Can CIDs Lead To Criminal Charges?
In part, yes. CIDs are mostly civil in nature. However, if they aren’t responded to promptly and thoroughly, they may arouse suspicion, which could result in criminal charges. It is therefore critical that if you get issued with a CID; you get in touch with a knowledgeable defense attorney.
The lawyer will take care of all communications with the prosecutors and investigators on your behalf as well as review the documents produced for effective responsiveness.
Contrary to common opinion, people don’t usually conspire to defraud the government. Most times, those charged with intent to defraud often fall into it by mistake usually caused by one’s negligence, manipulation, and disorganization.
At NYC Criminal Lawyers, we organize your documents in a manner that is stipulated by the government. We also aim at preventing our clients from receiving any charges against them. By proving that the government is short on the evidence that the client is guilty of healthcare fraud, we accomplish a not guilty verdict for you.
Our task is to present your side of the story as early as we can to ensure that the prosecution doesn’t form their narrative and assumptions. We wholeheartedly believe that everyone deserves a chance at representation and that it’s the prosecutor’s burden to prove that you the client are guilty of healthcare fraud.
What Next After Getting Issued With a CID?
1. Hire An Attorney
Immediately you get issued with a CID, the first thing you would need to do is to contact a reputable healthcare attorney. While most people who receive CID’s usually believe that they are the targets of the investigation, sometimes the government can issue a CID to anyone they feel has valuable information about the case.
However, federal agents may try to manipulate the target into believing that the CID isn’t about them to get them talking. As a recipient of the document, it is of the utmost importance that you contact an attorney who would prepare you and advice you on what to expect.
Additionally, the attorney can act as your voice to prevent you from getting into more trouble with the investigators and prosecutor. They can also help you assess the situation and prepare you for any outcome.
2. Safeguard Your Documents
Once you get a CID, it is up to you to ensure that none of the responsive documents gets damaged. If you don’t exercise reasonable care to these documents, the government may decide to charge you for obstruction of justice.
Immediately you receive a CID, it is wise to get rid of the auto-delete function on your laptop, or phone to preserve your email or text message depending on how you got the CID. If you own an entity, you must advise your team against getting rid of any hardcopy files or equipment such as servers or phones.
Get in touch with our team of lawyers today for a consultation on any civil investigative demands on false act claims.
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