The ERC is a legitimate, refundable tax credit designed to help businesses that continued to pay employees while they were shut down because of the COVID-19 pandemic or that experienced a significant decline in gross receipts...more
8/21/2024
/ Audits ,
CARES Act ,
Cooperation ,
Coronavirus/COVID-19 ,
Criminal Investigations ,
Deadlines ,
Employee Retention ,
Fraud ,
Internal Revenue Code (IRC) ,
Investigations ,
IRS ,
Tax Credits ,
Tax Relief ,
Voluntary Disclosure
The Internal Revenue Service has adjusted its moratorium on processing Employee Retention Tax Credit (ERC) claims, announcing last week it will begin processing claims filed between September 14, 2023 and January 31, 2024. In...more
8/13/2024
/ Audits ,
CARES Act ,
Coronavirus/COVID-19 ,
Criminal Investigations ,
Employee Retention ,
Fraud ,
Investigations ,
IRS ,
Tax Credits ,
Tax Relief ,
Voluntary Disclosure
The Internal Revenue Service (IRS) recently issued a news release identifying five new signs that a business’s Employee Retention Tax Credit (ERC) may be incorrect. It has also begun issuing a third round of letters denying...more
8/9/2024
/ CARES Act ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employee Retention ,
Enforcement ,
Fraud ,
IRS ,
IRS Independent Office of Appeals ,
Paycheck Protection Program (PPP) ,
Tax Credits ,
Wage and Hour
The March 22 deadline for applying to the IRS Voluntary Disclosure Program (VDP) to repay improperly claimed Employee Retention Credits (ERC) at a discount is just around the corner. The VDP requires businesses to repay only...more
While COVID-19 stimulus aid enforcement continues to make headlines in the United States, a very different situation is unfolding in Europe.
Jim Power, a prominent economic analyst, joins host Matt Adams for an eye-opening...more
The House Ways and Means Committee recently advanced a bill that gives businesses a proposed deadline of January 31, 2024 to file Employee Retention Credit (ERC) claims. Known as the Tax Relief for American Families and...more
There are several new developments in the Internal Revenue Service’s ongoing campaign to combat false and fraudulent Employee Retention Credit (ERC) claims, including an indefinite extension of the agency’s moratorium on...more
The Internal Revenue Service has announced a new Voluntary Disclosure Program (VDP) that offers businesses a limited-time opportunity to repay improperly claimed Employee Retention Credits (ERC) at a discount while avoiding...more
In its most recent effort to fight fraudulent and improper Employee Retention Tax Credit (ERC) claims, the Internal Revenue Service (IRS) is notifying an initial 20,000 taxpayers that it is rejecting their claims. The IRS,...more
Amid an ongoing federal crackdown on fraud in COVID-19 relief programs, the IRS announced that it will offer certain employers an opportunity to withdraw Employee Retention Credit (ERC) claims if they are concerned about...more
Responding to concerns about extensive fraud and scams involving the Employee Retention Credit (ERC), the Internal Revenue Service (IRS) has stopped processing new ERC claims, published updated frequently asked questions...more
A journalist and a white-collar criminal defense attorney walk onto a podcast...
Though it sounds like the start of a joke, this paired perspective shines new light on the federal government’s ongoing enforcement actions...more
Employers should be careful before claiming the Employee Retention Credit (ERC).
Over the past several months, the Internal Revenue Service (IRS) has warned taxpayers twice about third parties who advise employers to claim...more
While opportunities and circumstances to request compassionate release from prison grew in recent years, the COVID-19 pandemic rapidly accelerated the use of this process to ease overcrowding during the public health...more
The Employee Retention Credit is rife with complexities and the potential for unintended fraud by employers. Matthew Adams, Co-Chair of the White-Collar Criminal Defense & Regulatory Compliance Practice Group at Fox...more
One of the most attractive aspects of the Paycheck Protection Program loans that were included in the 2020 Coronavirus Aid, Relief and Economic Security Act (CARES Act) was an employer’s ability to apply to have its loan...more
The Presumption of Innocence Podcast series is hosted by Matthew S. Adams and Matthew D. Lee, Co-Chairs of Fox Rothschild's White-Collar Criminal Defense and Regulatory Compliance Practice.
In the inaugural episode, Matt is...more
The U.S. Department of Justice took several victory laps this month, touting long prison sentences it has secured for COVID-19 related fraud. These prison terms send a clear message to any individual or business that...more
7/27/2021
/ Borrowers ,
CARES Act ,
Coronavirus/COVID-19 ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Economic Injury Disaster Loans ,
False Claims Act (FCA) ,
Fraud ,
Investigations ,
Money Laundering ,
Paycheck Protection Program (PPP) ,
Prison
The Department of Justice (DOJ) has intensified its already aggressive crackdown on fraud related to COVID-19, recently announcing criminal charges against a telemedicine company executive, a physician, marketers and medical...more
6/8/2021
/ CARES Act ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
False Claims Act (FCA) ,
FBI ,
Fraud ,
Healthcare ,
OIG ,
Paycheck Protection Program (PPP) ,
Personally Identifiable Information ,
Popular ,
Provider Relief Fund ,
Telemedicine ,
Virus Testing
The Small Business Administration is conducting inquiries into some of the loans obtained through the Paycheck Protection Program that seek details about a company’s financial status not only before the loan was requested,...more
If the Biden administration's early moves are any indicator, its Department of Justice (DOJ) is poised to devote more time and energy to the prosecution of white-collar crime than it did under the Trump administration, when...more
3/12/2021
/ Biden Administration ,
CARES Act ,
Coronavirus/COVID-19 ,
Corruption ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Healthcare Fraud ,
Paycheck Protection Program (PPP) ,
SBA ,
Trump Administration ,
White Collar Crimes
During the 2020 campaign, former President Trump frequently called himself the “law and order president.” However, based upon a review of statistics from his time in office, his attention appears to have been focused on...more
3/11/2021
/ Barack Obama ,
Coronavirus/COVID-19 ,
Corporate Misconduct ,
Department of Justice (DOJ) ,
Economic Stimulus ,
Federal Prosecutors ,
Federal Sentencing Guidelines ,
Financial Markets ,
Joe Biden ,
Plea Agreements ,
Sentencing ,
Trump Administration ,
Violent Felonies ,
White Collar Crimes
The Small Business Administration (SBA) has opened the portal for applications for forgiveness of Paycheck Protection Program (PPP) loans established under the Coronavirus Aid, Relief and Economic Security Act (CARES Act)....more
With the uncertainty created by the global COVID-19 pandemic, it is hard to find anything like a sure bet. States are grappling with when to reopen, parents with school-aged children are awaiting news of when and if their...more
5/26/2020
/ Business Closures ,
CARES Act ,
Coronavirus/COVID-19 ,
DPA ,
Federal Trade Commission (FTC) ,
Investigations ,
Main Street Lending Programs ,
Pandemic ,
Paycheck Protection Program (PPP) ,
SBA ,
TARP ,
U.S. Treasury
Amid pandemic-fueled allegations of misconduct, New Jersey Attorney General Gurbir S. Grewal on May 5 asked for the public’s help with investigating alleged misconduct in residential care facilities and nursing homes during...more