Help! I Got a Civil Investigative Demand from DOJ. What Do I Do?

Host Jonathan Porter welcomes Husch Blackwell’s Catherine Hanaway to explore the government’s use of civil investigation demands (CIDs) within the context of False Claims Act investigations. The CID is a powerful and broad tool, and they are used to gather a variety of information regarding the conduct under investigation.Jonathan and Catherine discuss the importance of handling CIDs with care from the earliest possible juncture, including communication through counsel with government investigators that can provide valuable insight as to the scope and nature of the inquiry. The discussion follows the arc of effective CID responses, exploring why it is vital to initiate a litigation hold and to refrain from internal communications regarding the investigation, as well as how to narrow the initial inquiry through collaboration with government investigators.Finally, Jonathan and Catherine wrap up the discussion with a brief overview of how internal investigations can provide companies with the perspectives and knowledge needed to address the concerns of government investigators.Jonathan Porter BiographyFull BiographyJonathan focuses on white collar criminal defense, federal investigations brought under the False Claims Act, and litigation against the government and whistleblowers, where he uses his experience as a former federal prosecutor to guide clients in sensitive and enterprise-threatening litigation. At the Department of Justice, Jonathan earned a reputation as a top white collar prosecutor and trial lawyer and was a key member of multiple international healthcare fraud takedowns and high-profile financial crime prosecution teams. He serves as a vice chair of the American Health Law Association’s Fraud and Abuse Practice Group and teaches white collar crime as an adjunct professor of law at Mercer University School of Law.Catherine Hanaway BiographyFull BiographyCatherine is a St. Louis-based partner with Husch Blackwell’s White Collar, Internal Investigations & Compliance team and a former chair of the firm. She has successfully handled high-profile, bet-the-company, complex matters in federal court and before regulatory agencies and represents leading global and closely-held companies—as well as their officers and owners—in civil and criminal investigations and in business litigation.Before leading Husch Blackwell as its first female chair, Catherine served as the chief federal law enforcement officer for the Eastern District of Missouri and as the only woman Speaker of the Missouri House of Representatives. As U.S. Attorney, she supervised more than 4,000 criminal, affirmative, and defensive civil cases and personally tried cases to jury verdicts. She also supervised and assisted in the development of cutting-edge theories of criminal prosecution.