Receiving a Civil Investigative Demand (“CID”) from the Office of the Virginia Attorney General can be a jarring experience. Whether you are the target of an investigation or an innocent third party, receiving a CID can leave you feeling uncertain about your next steps. But let’s be clear: a CID is not something you can ignore.
Virginia law gives the Attorney General broad powers to investigate suspected violations of law. If you have received one of these notices, it likely means you are holding documents or information that the Attorney General believes is helpful to an on-going investigation. Or worse, your business practices are the target of an investigation by the Attorney General.
As a former Assistant Attorney General, I have seen firsthand how these investigations unfold.
What is Civil Investigative Demand?
A Civil Investigative Demand is a formal request for documents, written answers, or oral testimony. It’s often used in investigations related to:
- Consumer protection violations
- False advertising or fraud
- Antitrust concerns
- False Claims Act violations
- Other civil matters affecting the public interest
Unlike a lawsuit, however, a CID does not initiate formal litigation. The Attorney General may still be deciding whether to bring legal action against you or someone that you know. But make no mistake: failing to fully respond can escalate the matter quickly and put you in legal jeopardy.
Why You Should Take a CID Seriously
It is common to assume that you do not need to worry if you have not done anything wrong. Unfortunately, that’s not the case. A CID does not necessarily mean you have broken the law—but it does mean the Commonwealth is seeking information, and you are obligated to respond.
Under Virginia Code § 59.1-9.10, the Attorney General can enforce a CID through court proceedings if a party fails to comply. That can lead to:
- Court orders compelling disclosure
- Civil penalties
- Legal costs and reputational harm
First Steps After Receiving a CID
If you receive a CID, do not panic—but do not delay either. Here’s what to do first:
- Read the entire CID carefully. Note what is being requested, whether documents, interrogatory responses, or testimony. Pay close attention to the response deadline, which is often 20–30 days from the date you received it.
- Preserve all relevant information. Once you’re on notice, destroying or altering documents can be considered obstruction. Implement a litigation hold if necessary.
- Do not respond without legal counsel. The language in a CID may seem straightforward, but how you respond can impact your legal exposure. Even simple mistakes—like producing privileged materials—can be costly.
You Have Options: How to Respond
Blind compliance is not your only option. Virginia law allows you to object, negotiate, or comply with limitations—but only if you act within the CID’s deadline. Your options include:
- Full compliance. You can work with counsel to produce the requested materials, preserving privilege and avoiding over-disclosure.
- Negotiation. An attorney can contact the Attorney General’s office to discuss modifying the scope, extending deadlines, or, in some cases, quashing the CID altogether.
- Formal objection. If the CID is overly broad, unduly burdensome, or requests irrelevant information, you can file a petition for an order to modify or set aside the CID. This must happen within the timeframe stated in the CID, or within 20 days of receiving the CID, whichever is shorter.
Don’t Wait to Get Help
A CID is not a mere formality—it is a powerful investigatory tool available to the Attorney General. Failing to take it seriously can lead to avoidable consequences. But with informed legal guidance, you can limit your risk and often bring the matter to a quiet resolution.
If you have received a Civil Investigative Demand from the Virginia Attorney General, time is of the essence. Please contact Jonathan Harrison at 703.526.4708 or jharrison@beankinney.com.
This article is for informational purposes only and does not contain or convey legal advice. Consult an attorney. Any views or opinions expressed herein are those of the author and are not necessarily the views of the firm or any client of the firm.