Defending Civil RICO Claims: What Is A Civil Investigative Demand (CID)?
The Racketeer Influenced and Corrupt Organizations (RICO) Act allows for both criminal and civil claims. In a criminal RICO case, the state or federal government is in charge of pursuing the claim. In a civil RICO case, the government may or may not be involved in the matter. A private party has the right to file a civil RICO lawsuit even if no government agency is currently taking legal action.
That being said, it is not unusual for the government to get involved in a civil RICO case. Federal law provides regulators and prosecutors with certain tools to take action against alleged civil RICO violations. Here, our Miami RICO claims lawyers provide an overview of one of those tools: a Civil Investigative Demand or “CID.”
A CID is Powerful Investigative Tool
A Civil Investigative Demand (CID) is a powerful investigative tool that provides certain government agencies/government entities with the legal authority that they need to obtain information related to an inquiry into an alleged violation. Under federal law (18 US Code § 1968), the Attorney General of the United States has the authority to issue a CID in a civil RICO case. When a CID is issued, it will come in the form of a demand that meets the following four statutory requirements:
- The U.S. government must state the alleged nature of the RICO violation currently under investigation;
- The demand was describe the type/class of the evidence that the recipient is supposed to produce;
- The CID must provide a specific and reasonable period of time for the recipient to produce relevant information; and
- The government must identify where any records are supposed to be sent.
Civil Investigative Demands (CIDs) are Part of the Discovery Process
CIDs are essentially an enhanced discovery tool. They give the federal government a powerful tool to conduct a thorough investigation in a civil RICO case. If you, your company, or your organization is being investigated for an alleged criminal or civil RICO violation, you may receive a Civil Investigative Demand. Recipients cannot simply ignore a CID in a RICO case. Doing so could cause very serious problems for you and/or your business. If you have any specific questions or concerns about how to respond to a CID received in relation to an alleged RICO violation, contact an experienced South Florida civil RICO lawyer for immediate assistance with your case. When appropriate, an attorney can help you challenge an overly broad or otherwise defective CID.
Get Help From Our Civil RICO Claims Attorney in South Florida
At Pike & Lustig, LLP, our South Florida civil RICO lawyers represent individuals and businesses facing civil RICO lawsuits. If you have any questions about CIDs and civil RICO investigations, we are here to help. Reach out to us today for your strictly private consultation. We provide civil RICO law services in Miami, West Palm Beach, and all around the surrounding region, including in Miami Beach. Deerfield Beach, Coral Gables, Boca Raton, Fort Lauderdale, and Jupiter.
Resource”:
uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1968&num=0&edition=prelim
