On August 5, President Biden signed two bills into law that extend to ten years the statute of limitations for civil and criminal enforcement actions for fraud on the Paycheck Protection Program (“PPP”) and Economic Injury...more
8/9/2022
/ Biden Administration ,
Coronavirus/COVID-19 ,
Economic Injury Disaster Loans ,
Extensions ,
Fraud ,
Fraud and Abuse ,
Funding ,
Government Investigations ,
Legislative Agendas ,
New Legislation ,
Paycheck Protection Program (PPP) ,
Statute of Limitations
On June 21, 2022 the Supreme Court granted certiorari in Polansky v. Exec. Health Res., 17 F.4th 376 (3d Cir. 2021), allowing the Court to review the Department of Justice’s (“DOJ”) authority to dismiss qui tam suits brought...more
On July 30, 2021, the Special Inspector General for Pandemic Recover (“SIGPR”), Brian D. Miller, submitted his quarterly report to Congress. SIGPR was created as an independent watchdog of the Department of the Treasury...more
8/17/2021
/ CARES Act ,
Coronavirus/COVID-19 ,
Corrective Actions ,
Enforcement ,
False Claims Act (FCA) ,
Fraud ,
Fraud and Abuse ,
Inspector General ,
Jurisdiction ,
Main Street Lending Programs ,
Paycheck Protection Program (PPP) ,
Self-Disclosure Requirements ,
SIGPR ,
U.S. Treasury
Contrary to some expectations, the Trump Administration Department of Justice imposed record penalties under the U.S. Foreign Corrupt Practices Act from 2017 through 2020. But in each of those years, fewer and fewer new FCPA...more
11/20/2020
/ Aerospace ,
Anti-Bribery ,
Biden Administration ,
Bribery ,
Coronavirus/COVID-19 ,
Corruption ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Foreign Corrupt Practices Act (FCPA) ,
Investigations ,
Recessions ,
Securities and Exchange Commission (SEC) ,
Trump Administration ,
White Collar Crimes
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
The devastating economic impact of the COVID-19 pandemic already has set in, with the future of thousands of businesses hanging in the balance. Big and small businesses alike are finding it difficult to cope with the...more
COVID-19 took the world by surprise and continues to spread across the globe in more than 210 countries and counting. The outbreak in the United States escalated rapidly, with over 585,000 confirmed cases as of April 14,...more
There is more than $2 trillion on the line and the multi-trillion-dollar question is: Who’s minding the store? On March 27, 2020, in response to the financial set-back created by the novel COVID-19 pandemic, President Trump...more
Federal and state governments are ready to roll out over one trillion dollars in funding in response to the novel coronavirus (COVID-19) pandemic. As past is often prologue, we expect this new round of massive government...more
3/23/2020
/ Coronavirus/COVID-19 ,
Enforcement ,
False Claims Act (FCA) ,
Federal Contractors ,
Financial Crisis ,
Medicaid ,
Medicare ,
Risk Management ,
State Contractors ,
State of Emergency ,
TARP ,
Whistleblowers
Coronavirus (COVID-19) is spreading throughout the globe at an accelerating pace, with the Center for Disease Control (“CDC”) warning of an imminent outbreak in the United States. The disease has already impacted the global...more
3/10/2020
/ Contract Terms ,
Coronavirus/COVID-19 ,
Default ,
Defense Production Act ,
Defense Strategies ,
Federal Contractors ,
Force Majeure Clause ,
Global Economy ,
Impracticability ,
Performance Standards ,
Physical Impossibility Rule ,
Stock Markets ,
Subcontractors ,
Supply Chain
We previously reported on the viability of the “implied certification” theory of FCA liability based on oral argument before the Supreme Court in Universal Health Services, Inc. v. U.S. ex rel. Escobar. We concluded that the...more
Yesterday’s argument before the Supreme Court in Universal Health Services, Inc. v. U.S. ex rel. Escobar had the potential to put false claims based on an “implied certification” in the crosshairs. Instead, based on the...more
The Inspector General Act of 1978 aimed to “consolidate existing auditing and investigative resources to more effectively combat fraud, abuse, waste and mismanagement in the programs and operations of [the executive branch].”...more