Does the Attorney General have the authority to issue a civil investigative demand on a person in possession of documentary material or information relevant to a false claims law investigation?

MultiRegion, United States of America

The following excerpt is from United States v. Aziz Kamali, M.D., Inc., No. 2:20-cv-2156-TLN-CKD (E.D. Cal. 2020):

"The FCA . . . is the government's primary litigative tool for combatting fraud against the federal government." United States ex rel. Kelly v. Boeing Co., 9 F.3d 743, 745 (9th Cir. 1993). "Whenever the Attorney General, or a designee . . . has reason to believe that any person may be in possession, custody, or control of any documentary material or information relevant to a false claims law investigation, the Attorney General, or a designee, may, before commencing a civil proceeding . . . , issue in writing and cause to be served upon such person, a civil investigative demand requiring such person (A) to produce such documentary material for inspection and copying, [and] (B) to answer in writing written interrogatories with respect to such documentary material or information . . . ." 31 U.S.C. 3733(a)(1)(A)-(B).

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