On September 10, 2020, the Antitrust Division (Division) of the U.S. Department of Justice (DOJ) announced that the Division has implemented two uniform updates to its Civil Investigative Demand (CID) forms and deposition process. Although CIDs are used by the Division to obtain relevant evidence (documents and sworn testimony) during civil investigations, the update emphasizes that materials produced in response to the CIDs may be used in other civil, criminal, or administrative cases by the DOJ and other governmental agencies.
Consequently, all CIDs issued by the Division will include the following notice:
The information you provided may be used by the Department of Justice in other civil, criminal, administrative, or regulatory cases or proceedings. Individuals may refuse, in accordance with the rights guaranteed to them by the Fifth Amendment to the Constitution of the United States, to produce documents and/or answer any question that may tend to incriminate them.
Additionally, Division attorneys taking oral testimony pursuant to a CID will ask questions on the record to confirm the witness understands the ways such testimony can be used against the witness by the DOJ.
If you or your company receive a CID, consider seeking immediate legal advice to preserve your rights under the law and review any responsive materials before submission to the Division even if you are not the target of the investigation. The white collar crime attorneys at Dysart Willis Houchin & Hubbard, who have vast experience handling cases before the DOJ, will be able to guide you through the complicated demands of CIDs and their potential serious civil and criminal consequences.