The following factors should be considered prior to the issuance of an authorized investigative demand:
- 1. Whether the background of the criminal investigation for which the records are being subpoenaed relates to any act or activity involving a Federal health care offense (as defined in 18 U.S.C. § 24(a)) as required by 18 U.S.C. § 3486.
- 2. Whether appropriate consideration has been given to the manner in which to enforce the investigative demand in the event of noncompliance.