News & Analysis as of September 17, 2024

Investigations

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Engaging in Activities that Violate Federal Law? DOJ Scrutiny of PPP Loan Recipients Turns to Ancillary Companies Supporting the...

Benesch on 7/17/2024

Since its inception, the cannabis industry has always existed alongside significant regulatory and compliance challenges. These largely stem from the fact that the manufacture, distribution and possession of marijuana remains...more

Fraud Investigations into COVID-Era PPP and EIDL Loans Increasing

Harris Beach PLLC on 12/4/2023

The Department of Justice continues to have its task forces throughout the U.S. investigate and prosecute fraudulent use of funds from the Paycheck Protection Program (PPP) and Economic Injury Disaster Loan (EIDL) programs...more

EnforceMintz — The Pandemic May Be Ending, But Fraud Prosecutions Will Keep Coming

Mintz - Health Care Viewpoints on 2/13/2023

The “epidemic” of COVID-19 related fraud continued unabated in 2022, and we expect to see the same in 2023. The Department of Justice (DOJ) appears poised to continue to aggressively investigate and prosecute COVID-19-related...more

Covid-19 and the Public Health Emergency

Ankura on 12/16/2022

On October 13, 2022, the Secretary of Health and Human Services (HHS) officially extended the COVID-19 public health emergency (PHE) for another three months, now valid through January 11, 2023. Additionally, HHS has...more

New Congressional Report Raises Possibility of False Claims Act Scrutiny for Fintech Companies Involved In PPP Loans

Wiley Rein LLP on 12/7/2022

A just-issued Congressional staff report raised concerns that certain financial technology companies (fintechs) were involved in processing improper loans through the Paycheck Protection Program (PPP) and recommended, among...more

DOJ Aggressively Pursues COVID-19-Related Fraud

Troutman Pepper on 10/10/2022

Introduction - The U.S. Department of Justice (DOJ) has committed to aggressively investigate and prosecute COVID-19-related fraud schemes, particularly those involving government funding programs created or broadened...more

The Government's Long Game for Investigating COVID-era Relief Fraud

Mintz - Health Care Viewpoints on 9/19/2022

n a recent article in the New York Times, David Fahrenthold outlined the big issue facing prosecutors investigating COVID-era fraud: the sheer magnitude of it. The title of the article, “Prosecutors Struggle to Catch Up to a...more

Government Investigation of COVID-19-Related Fraud in North Carolina Continues

Brooks Pierce on 8/25/2022

In March of 2020, Congress passed the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), a $2.2 trillion economic relief bill designed to provide emergency financial assistance to Americans in the wake of the...more

DOJ Investigating FinTech Over PPP Loans

Sheppard Mullin Richter & Hampton LLP on 7/29/2022

On June 3, a federal court filing in the Southern District of Florida by an Atlanta-based FinTech company revealed that the small business lender is under DOJ investigation for alleged PPP loan approval practices. According...more

Court Filing Reveals that DOJ Is Investigating Fintech’s Administration of PPP Loans

Sheppard Mullin Richter & Hampton LLP on 7/28/2022

A federal court filing by a fintech company revealed that it has been under investigation by the Department of Justice (“DOJ”) in relation to its Paycheck Protection Program (“PPP”) loan approval practices for over a year...more

Snackable: Food & Beverage Review

Foley & Lardner LLP on 6/2/2022

We invite you to enjoy a review of the food and beverage industry with bite size articles ranging from regulatory and real estate trends to litigation and M&A happenings. The past two years have seen significant changes...more

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

Morrison & Foerster LLP on 3/16/2022

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

PPP Loan Fall-Out: Expect More Audits and Investigations

PilieroMazza PLLC on 1/28/2022

Unfortunately, the PPP Loan fall-out is far from over. As we noted in the last blog on PPP issues, we are seeing a number of PPP Forgiveness denials for a number of different reasons, and, along with that, we are seeing the...more

Government Ramps Up Enforcement Efforts on COVID-19 Relief Fraud

Bradley Arant Boult Cummings LLP on 12/23/2021

The federal government is substantially ramping up its enforcement of COVID-19-related fraud. In a press release issued yesterday, the United States Secret Service announced the naming of a “National Pandemic Fraud Recovery...more

In extremis — PPP Money Is Not “Free” So Applicants & Recipients Need to Beware

Cozen O'Connor on 12/8/2021

As most of the population is aware, to try and preserve the economy and businesses viable during the COVID-19 pandemic, congress passed the CARES Act. That bill included the Payroll Protection Program (PPP), in which small...more

Paycheck Protection Program-Related Convictions Result In Harsh Federal Prison Sentences

Fox Rothschild LLP on 7/27/2021

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

House Subcommittee Launches Investigation into FinTech Companies’ Role in Allegedly Fraudulent PPP Loans

Sheppard Mullin Richter & Hampton LLP on 6/16/2021

The House Select Subcommittee on the Coronavirus Crisis recently announced an investigation into the role of four Fintech companies and partner banks in issuing allegedly fraudulent Paycheck Protection Program (PPP) loans. ...more

Employee charged with COVID relief fraud? Questions for GCs

Foley & Lardner LLP on 5/17/2021

The United States Department of Justice (DOJ) already has publicly charged almost 500 defendants with criminal offenses based on fraud schemes connected to the COVID-19 pandemic. Unfortunately, these prosecutions can have...more

PPP Investigations, Settlements and Litigation on the Horizon

Bass, Berry & Sims PLC on 4/30/2021

In the last year, the Department of Justice (DOJ) has brought more than 100 criminal cases relating to Paycheck Protection Program (PPP) Fraud. These criminal prosecutions started at a blistering pace, with the first...more

Pandemic Fraud

Foley Hoag LLP - White Collar Law &... on 4/1/2021

This is the seventh in our First 100 Days series examining important trends in white collar law and investigations in the early days of the Biden administration. Our previous entry was on FCA enforcement. Up next, healthcare...more

COVID-19 Enforcement Trends One Year Into the Pandemic

Sheppard Mullin Richter & Hampton LLP on 3/31/2021

A year after the COVID-19 pandemic hit the United States, it remains to be seen how the Biden Administration will approach enforcement against businesses who received pandemic relief through the CARES Act and other federal...more

DOJ Announces First Criminal Prosecution For Misuse Of COVID-19 Relief Funds Dedicated To Health Care Providers

Fox Rothschild LLP on 2/26/2021

The Justice Department has widened its crackdown on COVID-19 fraud, announcing the first criminal case alleging misuse of federal relief funds designated for medical providers. The egregious nature of the alleged fraud and...more

COVID Audits and Investigations: The Enforcers

Blank Rome LLP on 2/22/2021

This is the first in a series of blog posts concerning the audits and investigations related to the contracts and grants awarded, and relief funds provided, in response to the COVID-19 pandemic. As of February 2021, pursuant...more

Congressional Investigations Preview for the 117th Congress: Unified Democratic Control Means More Robust Oversight and...

K&L Gates LLP on 2/4/2021

The election of Joseph R. Biden Jr. as president of the United States and Democratic control of the U.S. House of Representatives and Senate mean that the private sector can expect to be the main focus of congressional...more

2021: A New Year, the Same Fear - Why Companies Should Expect a Wave of PPP Investigations

K&L Gates LLP on 12/22/2020

Four months after the expiration of the $659 billion forgivable loan relief program established by the CARES Act, the federal government has disbursed approximately 5.2 million Paycheck Protection Program (PPP) loans....more

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