Page:United States Statutes at Large Volume 100 Part 4.djvu/231

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PUBLIC LAW 99-000—MMMM. DD, 1986

PUBLIC LAW 99-562—OCT. 27, 1986

100 STAT. 3159

'§ 3733. Civil investigative demands

31 USC 3733.

"(a) IN GENERAL.— "(1) ISSUANCE AND SERVICE.—Whenever

the Attorney General 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 may, before commencing a civil proceeding under section 3730 or other false claims law, 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, "(B) to answer in writing written interrogatories with respect to such documentary material or information, "(C) to give oral testimony concerning such documentary material or information, or "(D) to furnish any combination of such material, answers, or testimony. The Attorney General may not delegate the authority to issue civil investigative demands under this subsection. Whenever a civil investigative demand is an express demand for any product of discovery, the Attorney General, the Deputy Attorney General, or an Assistant Attorney General shall cause to be served, in any manner authorized by this section, a copy of such demand upon the person from whom the discovery was obtained and shall notify the person to whom such demand is issued of the date on which such copy was served. "(2) CONTENTS AND DEADUNES.—

"(A) Each civil investigative demand issued under paragraph (1) shall state the nature of the conduct constituting ./• the alleged violation of a false claims law which is under investigation, and the applicable provision of law alleged to be violated. "(B) If such demand is for the production of documentary material, the demand shall— "(i) describe each class of documentary material to be produced with such definiteness and certainty as to permit such material to be fairly identified; .« "(ii) prescribe a return date for each such class which will provide a reasonable period of time within which the material so demanded may be assembled and made available for inspection and copying; and "(iii) identify the false claims law investigator to whom such material shall be made available. "(C) If such demand is for answers to written interrog, [-„•. atories, the demand shall— "(i) set forth with specificity the written interrogatories to be answered; "(ii) prescribe dates at which time answers to written interrogatories shall be submitted; and "(iii) identify the false claims law investigator to whom such answers shall be submitted. "(D) If such demand is for the giving of oral testimony, the demand shall— "(i) prescribe a date, time, and place at which oral testimony shall be commenced;

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