Powerful, But Not All-Powerful: CIDs in FCA Litigation

Husch Blackwell’s Rebecca Furdek joins host Jonathan Porter to discuss civil investigative demands (CIDs), how and when the Department of Justice (DOJ) uses them in the False Claims Act context, and what companies can do to limit or set aside CIDs. Given how broad and powerful a tool CIDs are—and given the potentially enormous consequences that hang on responses to CIDs—Rebecca and Jonathan explore at length the statutory foundation of CIDs and how companies should approach these demands to produce information.There are few statutory limitations on the scope of information the government can demand of private businesses, but companies should be well versed in those that do exist. Rebecca and Jonathan talk about strategies to use in shaping conversations with DOJ to limit CIDs and thus reduce the time and expense of compliance; however, DOJ is not always amenable to those discussions. In those instances, a company could decide to litigate, petitioning a court to modify or set aside the CID. Rebecca and Jonathan discuss recent litigation in this instance and explore when bringing these legal challenges makes sense.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.Rebecca Furdek BiographyFull BiographyA senior associate in Husch Blackwell’s Milwaukee office, Rebecca is a member of the firm’s White Collar, Internal Investigations & Compliance team and regularly helps clients navigate today’s regulatory and government enforcement landscape. Before joining Husch, Rebecca served as Counsel to the Solicitor at the U.S. Department of Labor (DOL), where she gained firsthand insight into federal agency rulemaking and administrative enforcement. Prior to her government service, Rebecca worked as an associate in the Washington, D.C. office of a global law firm, focusing on litigation and government enforcement, and began her legal career as a judicial law clerk at the U.S. District Court for the Northern District of Texas. During law school, she served as a law clerk with the U.S. Senate Judiciary Committee. In September 2024, Rebecca was elected to the partnership of Husch Blackwell, effective January 2025.