News & Analysis as of

Government Investigations Paycheck Protection Program (PPP) Enforcement Actions

Bass, Berry & Sims PLC

COVID-19 Relief Enforcement Actions Highlight Ongoing Risk

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The Department of Justice (DOJ) continues to demonstrate its sustained interest in COVID-19 relief fraud as an enforcement priority and we can expect to see persistent enforcement in this area....more

Buchalter

PPP Fraud Enforcement Shows No Signs of Slowing

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After dozens of high-profile criminal prosecutions and a growing wave of civil investigations, the Department of Justice’s (“DOJ”) Covid-19 Fraud Enforcement Strike Force is poised to continue its pursuit of fraud, abuse, and...more

Orrick, Herrington & Sutcliffe LLP

DOJ Appears to Shift Focus to Lenders in Paycheck Protection Program Investigations: What You Need to Know

The Department of Justice appears to be shifting its focus from investigating fraudulent behavior by Paycheck Protection Program (PPP) borrowers to investigating lenders and related institutions....more

Jenner & Block

Government Contracts Legal Round-Up | 2022 Issue 18

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Welcome to Jenner & Block’s Government Contracts Legal Round‑Up, a biweekly update on important government contracts developments. This update offers brief summaries of key developments for government contracts legal,...more

Dorsey & Whitney LLP

DOJ Announces First-In-The-Nation False Claims Act Settlement with PPP Lender

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​​​​​​​The government has been actively investigating and prosecuting Paycheck Protection Program (“PPP” or the “Program”) fraud ever since the Small Business Administration (“SBA”) rolled out the Program in the Spring of...more

Bass, Berry & Sims PLC

Government Announces First FCA Settlement with PPP Lender

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The Department of Justice (DOJ) announced on September 12, the first-ever False Claims Act (FCA) settlement with a Paycheck Protection Program (PPP) lender. Prosperity Bank, a Texas-based regional bank, agreed to pay...more

Polsinelli

Another Wave of Criminal Charges Brought in COVID-Related Fraud

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The Department of Justice and the US Attorney offices around the country are continuing to be in hot pursuit of cases of fraud related to the COVID-19 pandemic. On April 20, 2022, the Department of Justice announced a new...more

Arnall Golden Gregory LLP

Government Investigations Team Insights - February 2022

AGG’s Government Investigations Team Insights provides periodic updates covering legal and regulatory topics.  In this edition, we analyze a recent Eleventh Circuit decision addressing False Claims Act penalties and the...more

Dorsey & Whitney LLP

Settlement Illustrates Continued Use of FCA to Combat PPP Fraud

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The trend of private parties suing businesses under the False Claims Act, 31 U.S.C. § 3729 et seq (“FCA”) for violating requirements of the Paycheck Protection Program (“PPP” or the “Program”) continues. Just recently, the...more

WilmerHale

Weekly COVID-19 Oversight & Enforcement Report - May 2021

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The Congressional Oversight Commission released its 12th report on April 30. The report focuses on a $700 million loan to trucking company Yellow Corporation (formerly known as YRC Worldwide) under the CARES Act loan program...more

Downs Rachlin Martin PLLC

DOJ Targets PPP Fraud and Abuse | Trends in White Collar Enforcement

Under President Biden and Attorney General Merrick Garland, the U.S. Department of Justice (DOJ) is expected to focus more intently on white collar enforcement than it did under the Trump administration. Fraud and abuse...more

Skadden, Arps, Slate, Meagher & Flom LLP

Biden DOJ Likely To Employ FIRREA as an Enforcement Tool

The Department of Justice (DOJ) under President Joe Biden is widely expected to increase its focus on white collar enforcement actions against individuals and financial institutions. We anticipate that we will see, as we did...more

McDermott Will & Emery

The Next Wave of COVID-Related Criminal And Civil Enforcement Actions Is Starting

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Given the rapid pace and volume of economic aid allocated by Congress to combat the COVID-19 pandemic and its economic impacts, it is no surprise that the federal government has focused heavily on identifying and prosecuting...more

Womble Bond Dickinson

CARES Act Prosecutions Have Already Rooted Out Over $360 Million In Fraud With Much More Likely To Come In 2021

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Since the authorization of CARES Act emergency loans and other payments to Americans affected by the coronavirus pandemic, federal prosecutors have brought over 100 charges of fraud in connection with the rollout of those...more

Jones Day

Six Months of COVID-19 Relief: Enforcement and Litigation Trends for Borrowers

Jones Day on

An uptick in fraud prosecutions and litigation has historically followed federal crisis relief programs. In addition to this historical trend, the attention fraud related to the novel coronavirus ("COVID-19") has garnered...more

Ballard Spahr LLP

PPP Lenders and Fraudulent Borrowers: False Claims Act Liability and AML Risk

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Can BSA/AML Requirements Lead to Deemed Knowledge of Borrower Fraud? The first two weeks of August brought a milestone of sorts in the ongoing recovery from the economic downturn brought on by the COVID-19 pandemic. The...more

Mintz - Health Care Viewpoints

Recent DOJ Comments Shed Light on Expected Civil Enforcement of COVID-19 Cases

Comments made by Department of Justice (DOJ) attorneys during a recent webinar provided insight into the government’s civil enforcement priorities related to the coronavirus pandemic. In particular, government attorneys...more

Williams Mullen

Williams Mullen's COVID-19 Comeback Plan: Preparing for and Responding to Paycheck Protection Program (PPP) Audits and Other...

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Chuck James, partner in and co-chair of the White Collar & Investigations Practice and the Firearms Industry Group at Williams Mullen, discusses how you can prepare for government inquiries related to the federal Payroll...more

Holland & Knight LLP

Department of Justice Employs Potent Weapon in Fight Against Fraud Related to COVID-19

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Since the early days of the coronavirus pandemic, the U.S. Department of Justice (DOJ) has taken an aggressive stance against those seeking to exploit the ongoing global health crisis through fraudulent and otherwise illegal...more

Foley Hoag LLP - White Collar Law &...

DOJ Reportedly Issues PPP-Related Subpoenas to Banks

In yet another sign that the federal government is following through on its warnings about PPP loan fraud, the Department of Justice, according to reports from Reuters, has issued grand jury subpoenas to several Wall Street...more

Skadden, Arps, Slate, Meagher & Flom LLP

Enforcement Risks and the CARES Act

The Coronavirus Aid, Relief, and Economic Security Act, or the CARES Act, which was signed into law on March 27, 2020, provided for the establishment and expansion of a range of economic assistance programs designed to help...more

Jackson Walker

Pandemic Recovery Funds and Government Enforcement

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When Depression-era bank robber Willie Sutton was asked why he robbed banks, he infamously responded, “Because that’s where the money is.” Similarly, anytime you see large amounts of government money devoted to any given...more

Goodwin

Financial Services Weekly Roundup: PPP Borrowers And Lenders Under The Microscope

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In This Issue. The U.S. Securities and Exchange Commission (SEC) proposed a new rule that would establish a revised framework for the fair value determination for purposes of the Investment Company Act of 1940 and have...more

Dechert LLP

Government Stimulus Spending Likely to Lead to False Claims Act Investigations and Enforcement Actions

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Through the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”), the federal government has passed an emergency stimulus package that will result in an unprecedented US$2 trillion infusion into the private and...more

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