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Key Ways Civil Investigative Demand Targets Differ From Third Parties
March 21, 2024
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Key Ways Civil Investigative Demand Targets Differ From Third Parties
Based on the search results, here are some key ways civil investigative demand (CID) targets differ from third parties:
CID Targets
- The main focus of the investigation. The government believes they may have violated laws or regulations.
- Required to provide potentially large amounts of information, documents, testimony, etc. as demanded in the CID. Failure to fully comply can lead to court enforcement and penalties
- Have limited grounds to challenge the CID such as it being unduly burdensome, seeking irrelevant information, seeking information the agency already possesses, or abuse of process
- Information obtained via the CID can be used by the investigating agency in litigation against the target
Third Parties
- Not the main target of the investigation but may have relevant information
- Still required to provide information as demanded in the CID, but the demands may be narrower in scope
- Have the same limited grounds to challenge the CID as targets
- Less likely to have information used against them, but still possible if they are found to have violated laws
In summary, the key differences are that CID targets are the main focus of the investigation while third parties are not. However, third parties still need to take CIDs seriously and respond appropriately even if they believe they have done nothing wrong. The investigating agency has broad authority to demand information from both targets and third parties.