News & Analysis as of

Government Investigations Small Business Administration Coronavirus/COVID-19

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

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

One Year of COVID-19: The Government’s Efforts To Address CARES Act Fraud

Over the course of a year beginning in March 2020, starting with the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), the U.S. government has approved trillions of dollars in relief funds in efforts to keep the...more

Womble Bond Dickinson

Federal Agencies Intensify Focus on CARES Act Fraud

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After the Department of Justice charged more than 100 people last year with fraudulently seeking over $360 million in CARES Act emergency loans and other payments, the federal government has taken additional steps this year...more

Morrison & Foerster LLP

DOJ Enforcement Actions Involving COVID-19 Relief Fraud: An Update

Soon after Congress passed the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) in March 2020, the Criminal Division of the U.S. Department of Justice (DOJ) moved quickly to address potential COVID-19 related...more

Bass, Berry & Sims PLC

Private Equity Dealmakers Guidebook to Healthcare M&A During the Covid-19 Pandemic

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The COVID-19 pandemic has stressed the M&A market at every stage of the deal-making process – from complicating on-site visits and intensifying the diligence process to introducing valuation gaps (relative to pre-COVID-19...more

Arnall Golden Gregory LLP

2020 Government Investigations Team Insights - October 2020

AGG’s Government Investigations Team Insights provides periodic updates covering legal and regulatory topics. Our team, which includes former federal prosecutors, SEC enforcement attorneys, and federal agency attorneys, has...more

Jones Day

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

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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

Manatt, Phelps & Phillips, LLP

Before the Storm: Anticipating the Wave of Federal Investigations Following COVID-19

In the early weeks of the COVID-19 public health crisis, the federal government prioritized a swift response to the economic impact of the novel coronavirus, including several pieces of legislation that sought to infuse cash...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

Arnall Golden Gregory LLP

Flirting with Disaster: SBA Inspector General Warns of “Serious Concerns” of Fraud in Coronavirus Disaster-Relief Loan Program in...

On July 28, 2020, the Office of the Inspector General (OIG) of the Small Business Administration (SBA) released a Management Alert entitled “Serious Concerns of Potential Fraud in the Economic Injury Disaster Loan Program...more

Burr & Forman

PPP/CARES Act Audit, Investigations and Defense Response Kit

Burr & Forman on

The PPP and CARES Act Audit, Investigations and Defense Team has developed a Response Kit that includes the PPP and CARES Act Audit, Investigations and Defense overview; FAQ’s; Important Documents list; and Burr’s PPP and...more

Locke Lord LLP

SBA Issues New Guidance Reducing Risk of Government Investigations for Paycheck Protection Program Borrowers

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Businesses applying for loans under the Paycheck Protection Program (“PPP”) must make certain certifications to the government in their application, including a certification that the loan is “necessary” to support the...more

Goodwin

U.S. Paycheck Protection Program Loan Recipients: Risks of Qui Tam Actions under the False Claims Act

Goodwin on

On March 27, 2020, the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) established the Paycheck Protection Program (PPP), making available nearly $350 billion in loan funding to small businesses impacted by...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

Bond Schoeneck & King PLLC

The Risk of Government Investigations and Potential Liability Under the Paycheck Protection Program

Calls for vigorous government investigation under the $659 billion Paycheck Protection Program (PPP) of the CARES Act have begun. This occurs amidst reports that various publicly traded companies have been beneficiaries of...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

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