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CARES Act False Claims Act (FCA) Whistleblowers

Mintz - Health Care Viewpoints

Acting U.S. Attorney Levy Forecasts False Claims Act COVID Cases Targeting Private Lenders Of CARES Act Loans That Failed In Their...

Acting U.S. Attorney Joshua Levy discussed the enforcement priorities for the Massachusetts U.S. Attorney’s Office (USAO) during a Q&A session on May 29, 2024, and made clear that the historical focus of the office remains...more

Arnall Golden Gregory LLP

PPP Loan Prosecutions Appear to Be in the Technical Non-Compliance Phase

On March 27, 2020, the CARES Act was signed into law to provide emergency financial assistance to Americans suffering the economic effects caused by the COVID-19 pandemic, including in the form of forgivable loans to small...more

Foley Hoag LLP - White Collar Law &...

DOJ and Private Whistleblowers Pursue Marijuana-Related Businesses for Alleged Violations of COVID Relief Loan Policies

In 2020, when former President Trump signed the Coronavirus Aid, Relief, and Economic Security (CARES) Act into law, the federal Small Business Administration (SBA) referred to previous guidance to indicate that businesses...more

Health Care Compliance Association (HCCA)

FCA Lawsuit Alleges Three Hospitals Were Overpaid PRF ‘High-Impact’ Money and Kept It

Report on Medicare Compliance Volume 32, no 25 (July 2023) The former chief hospital executive of Bayonne Medical Center (BMC) in New Jersey has filed a False Claims Act (FCA) lawsuit alleging the hospital and two others...more

Cozen O'Connor

The FCA as a Sword to Combat Pandemic-Related Fraud: No End in Sight

Cozen O'Connor on

In 2022, federal prosecutors employed the False Claims Act (FCA) to recover nearly $7 million from fraud related to pandemic-relief programs. We expect that number to increase in 2023. The Department of Justice (DOJ) has...more

ArentFox Schiff

Investigations Newsletter: Top Reasons for 2022’s Downward Trend in False Claims Act Recoveries

ArentFox Schiff on

Top Reasons for 2022’s Downward Trend in False Claims Act Recoveries - Following the US Department of Justice’s (DOJ) release of statistics regarding FCA settlements and judgments for the 2022 fiscal year, Law360 spoke...more

Latham & Watkins LLP

US Government Uses Receipt of PPP Funds to Create Piggyback Liability in FCA Case

Latham & Watkins LLP on

Physician Partners of America’s settlement highlights significant risks facing False Claims Act defendants who received Paycheck Protection Program funds. An April 2022 US Department of Justice (DOJ) settlement suggests...more

Fox Rothschild LLP

Justice Department Settles First Whistleblower Case Alleging PPP Fraud in Which It Intervened

Fox Rothschild LLP on

The Justice Department has announced a civil settlement of the first Paycheck Protection Program (PPP) fraud whistleblower case in which the government intervened. This milestone should remind PPP borrowers they should...more

Morrison & Foerster LLP

Enforcement Against COVID-19 Related Fraud: Two-Year Anniversary Update

On the eve of the pandemic’s two-year anniversary, the U.S. Department of Justice (DOJ) released updated statistics on its efforts to combat COVID-19 related fraud and announced the appointment of a director of COVID-19 Fraud...more

Mintz - Health Care Viewpoints

False Claims Act Settlements and Judgments Exceed $5.6 Billion in Fiscal Year 2021

The Department of Justice announced in a February 1, 2022 press release (Press Release) that it obtained more than $5.6 billion in settlements and judgments from civil cases involving fraud and false claims in the fiscal year...more

Fox Rothschild LLP

Recent False Claims Act Settlement Illustrates Key Role Of Whistleblowers In Rooting Out PPP Fraud

Fox Rothschild LLP on

The owner of a Florida jet company agreed August 26, 2021, to pay a large penalty for using government aid - which was directed to his business - on his own personal expenses. The scheme came to light because of a...more

Fox Rothschild LLP

COVID-19 Fraud Task Force Established

Fox Rothschild LLP on

Intensifying its crackdown on suspected fraud in pandemic relief programs, the U.S. Department of Justice has established the COVID-19 Fraud Enforcement Task Force, sending a clear message that any individual or business that...more

Vinson & Elkins LLP

A Second Wave Of COVID-19 Fraud Enforcement: An Emerging Risk For Businesses

Vinson & Elkins LLP on

On March 26, 2021, the Department of Justice (“DOJ”) issued a press release trumpeting the agency’s “historic level of enforcement action” in response to COVID-19 related fraud. Roughly one year after Congress passed the $2.2...more

Jackson Lewis P.C.

Paycheck Protection Program: Government Enforcement, Oversight

Jackson Lewis P.C. on

Nearly one year ago, in response to the COVID-19 pandemic and related economic downturn, the Small Business Administration-backed Paycheck Protection Program (PPP) provided loans to help businesses keep their workforce...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

2020 False Claims Act Recoveries: $2.2 Billion in Recoveries and Over $309 Million in Awards to Whistleblowers

On January 14, 2021, the Department of Justice provided its annual review of cases and recoveries under the False Claims Act.  Through the end of fiscal year 2020 (ending September 30, 2020), total recoveries (across all...more

ArentFox Schiff

Investigations Newsletter: DOJ’s 2020 False Claims Act Recoveries Lowest Since 2008

ArentFox Schiff on

DOJ’s 2020 False Claims Act Recoveries Lowest Since 2008 - On January 14, 2021, the Department of Justice (DOJ) announced that it obtained more than $2.2 billion in settlements and judgments from civil cases involving...more

Cozen O'Connor

Airline Passengers’ Rights | Fake COVID-19 Cures | Unlicensed Debt Collection Agency Sued

Cozen O'Connor on

COVID-19- NAAG: Airline Industry Customers Deserve Stronger Consumer Protections- •The National Association of Attorneys General (“NAAG”) sent a letter to congressional leaders urging Congress to strengthen consumer...more

Buchalter

Buchalter COVID-19 Client Alert: Entrapment-by-Estoppel: A Potential Future Defense for Lenders in PPP Fraud Cases

Buchalter on

The past decade has taught lenders much about regulatory enforcement risk. In the fallout of the 2008 financial crisis and collapse of the housing and related markets, the Department of Justice and other agencies...more

Lowenstein Sandler LLP

Likely Spike In Whistleblower Complaints Means PPP Loan Recipients Must Remain Vigilant

Lowenstein Sandler LLP on

On June 16, 2020, Lowenstein Sandler presented The Specter of Whistleblower Actions & the CARES Act: An Overview, in which Lowenstein’s Kathleen A. McGee and Rachel Maimin, along with Greg Krakower, a leading authority on...more

BCLP

What Recipients of Provider Relief Fund Payments Can Do to Mitigate Whistleblower Risk

BCLP on

We previously discussed how recipients of payments from the Provider Relief Fund (PRF) are at risk for allegations of fraud and specifically addressed how these recipients may become targets of False Claims Act (FCA)...more

Mintz - Health Care Viewpoints

COVID-19 Relief Programs: The Anticipated Wave of False Claims Act Cases and Oversight Agency Enforcement Activities

Leading up to a webinar on July 15, 2020, we are publishing a blog series covering the risks of enforcement against companies that received COVID-19 relief funds under the CARES Act and strategies for mitigating these risks....more

Goodwin

False Claims Act Risks In U.S. Higher Education

Goodwin on

The federal False Claims Act (FCA) has long been a powerful tool for the U.S. Department of Justice (DOJ) — or private whistleblowers bringing suit on the DOJ’s behalf — to investigate and police activity financed with...more

Sheppard Mullin Richter & Hampton LLP

Prepare for a Perfect Storm of COVID-19 Whistleblower Claims

Whistleblowers are a common character in investigations into governmental abuse. They famously have exposed covert government surveillance programs, political corruption scandals, and even led to the impeachment of the...more

Proskauer Rose LLP

A Guide to Compliance Considerations for Health Care Providers: CARES Act, Payroll Protection, and Medicare Advance Payment...

Proskauer Rose LLP on

[co-author: Daniel Weinstein] In response to widespread cash flow issues resulting from the COVID-19 public health emergency, Congress enacted two key pieces of legislation: the CARES Act and the Paycheck Protection...more

BCLP

What PPP Loan Recipients Can Do to Mitigate Whistleblower Risk

BCLP on

We previously discussed how recipients of larger PPP loans are at risk for allegations of fraud and specifically addressed how these recipients may become targets of False Claims Act (FCA) allegations. In addition, we...more

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