A Civil Investigative Demand (CID) is a formal request for information issued by the U.S. Attorney General or a state attorney general to individuals or entities believed to possess relevant documents or information pertaining to an ongoing investigation. This demand can be issued prior to the initiation of a civil or criminal action and can be served on any party suspected of having knowledge related to the investigation. The primary objective of a CID is to collect information that could prove valuable in a civil antitrust investigation or an investigation authorized under the International Antitrust Enforcement Assistance Act.
A civil investigative demand is a request for information made by the U.S. Attorney General or a state attorney general to individuals or entities who may have relevant documents or information pertaining to a civil antitrust investigation or an investigation authorized by the International Antitrust Enforcement Assistance Act. This demand can be issued prior to the initiation of a civil or criminal action and can be served on anyone believed to possess information that is pertinent to the investigation. For instance, if the U.S. Attorney General is investigating a company for antitrust violations, they may issue a civil investigative demand to the company’s competitors, suppliers, or customers in order to gather information about the company’s business practices. However, if the Attorney General commences a civil or criminal action, this demand cannot be served on individuals or entities involved in the legal proceedings. This means that if a person or company is already part of the ongoing legal proceedings, they cannot be served with a civil investigative demand. Similarly, a state attorney general can also make a similar request for information, known as a state civil investigative demand or state CID. For example, if a state attorney general is investigating a company for consumer fraud, they may issue a state CID to the company’s employees or customers to gather information about the company’s business practices.
A Civil Investigative Demand (CID) is a legal tool used by government agencies, such as the Federal Trade Commission (FTC) or the Department of Justice (DOJ), to gather information and evidence during an investigation into potential violations of laws or regulations.
Government agencies with investigative authority, such as the FTC or DOJ, have the power to issue CIDs.
CIDs are commonly used in cases involving antitrust violations, consumer protection issues, fraud, or other potential violations of federal laws or regulations.
A CID can request a wide range of information, including documents, records, data, or testimony from individuals or businesses relevant to the investigation.
Refusing to comply with a CID can have serious legal consequences. It is generally advisable to seek legal counsel and cooperate with the investigation to avoid potential penalties.
In some cases, it may be possible to negotiate the scope of a CID with the issuing agency. However, this typically requires legal representation and a valid reason for limiting the requested information.
It is possible to challenge the validity of a CID in court if there are grounds to believe it was issued improperly or exceeds the agency’s authority. However, this should be done with the assistance of an experienced attorney.
The timeframe for responding to a CID varies depending on the specific circumstances and the agency issuing it. Generally, a response is expected within a reasonable time, which is typically a few weeks.
Failure to comply with a CID can result in severe penalties, including fines, injunctions, or other legal actions. It is crucial to take the CID seriously and seek legal advice promptly.
In some cases, it may be possible to request confidentiality for certain sensitive information provided in response to a CID. However, this request must be made to the issuing agency, and they will determine whether to grant it based on the circumstances of the investigation.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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