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IRS Increases Pressure on Businesses That Claimed Employee Retention Tax Credits

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

ERC Voluntary Disclosure Deadline Rapidly Approaching on March 22

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

Act Fast: Companies Whose PPP Loan Forgiveness Applications Are Denied Have Recourse, but Must Move Swiftly

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: Episode 1 - The Anatomy of a PPP Fraud Investigation  [Audio]

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

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

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

DOJ Intensifies Criminal Prosecutions Of Health Care Fraud Related To COVID-19

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

PPP Borrowers Face Risks In Completing SBA Form 3509

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

Zeroing In: Early Trends In White-Collar Prosecutions Under Biden’s DOJ

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

Should You Seek A Second PPP Draw If Your Company Has Ties To China?

Businesses with connections to China should proceed with caution when deciding whether to apply for funds from round two of the federal Paycheck Protection Program. New restrictions limit the eligibility of companies with...more

Will You Be Ready For A Paycheck Protection Program Audit?

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

COVID-19 Investigations Put Small And Midsize Businesses In Government’s Enforcement Crosshairs

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

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