Yesterday, SCOVA announced that it had granted the Attorney General’s appeal from a ruling quashing the AG”s civil investigative demand to the University of Virginia. As readers are aware, the Order was entered by Judge Peatross in the Circuit Court of Albemarle County.
The following are the assignments of error:
- The circuit court erred in setting aside the CIDs based on the ground that the Attorney General lacked a “reason to believe” that UVa. may be in possession, custody, or control of any documentary material or information relevant to a FATA investigation because it is contrary to the statute and without support in the record.
- The circuit court erred in setting aside the CIDs based on the ground that the Attorney General’s “reason to believe” had to be stated on the face of the CIDs because it is contrary to the statute.
- The circuit court erred in setting aside the CIDs based on the ground that the CIDs failed to sufficiently state the “nature of the conduct” being investigated because that is contrary to the face of the CIDs.
- The circuit court erred in setting aside the CIDs based on the ground that FATA does not cover requests for payments made on the Commonwealth when the Commonwealth has been a recipient of a federal grant because that is an incorrect construction of FATA and ignores that money is fungible.
- The circuit court erred by limiting the remaining right of inquiry based upon the errors assigned above.
There was also one assignment of cross-error.
- Whether the circuit court erred in holding the University is a “person” subject to FATA’s CID provision, where the General Assembly specifically defined the term “person” in FATA not to include Commonwealth entities.