News & Analysis as of

SBA Lending Programs CARES Act False Claims Act (FCA)

Benesch

Paycheck Protection Program (“PPP”) Loan Fraud: A Survey & Analysis of Recent Civil & Criminal Enforcement Outcomes

Benesch on

The Coronavirus Aid, Relief, and Economic Security (“CARES”) Act was a federal law enacted in or around March 2020 designed to provide emergency financial assistance to the millions of Americans who were suffering the...more

Ballard Spahr LLP

Overturning of Chevron Boosts Challenges to SBA PPP Loan Forgiveness Denials

Ballard Spahr LLP on

The U.S. Supreme Court’s recent overturning of the Chevron Deference Doctrine calls into question several Chevron-based federal court rulings allowing the Small Business Administration (SBA) to exclude many categories of...more

PilieroMazza PLLC

PPP Loan Fall-Out: Expect More Audits and Investigations

PilieroMazza PLLC on

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

Cozen O'Connor

PPP Fraud Is Ripe for Enforcement in 2021. Can Self-Disclosure & Cooperation Create a Path to Leniency?

Cozen O'Connor on

As we approach the one-year anniversary of passage of the Coronavirus Aid, Relief and Economic Security (CARES) Act, we are getting a better sense of how the government will address fraud arising out of this legislation....more

Burr & Forman

PPP Borrower Pays Damages and Penalties to Government in First False Claims Act Settlement

Burr & Forman on

The US Department of Justice announced the first civil settlement involving allegations of fraud against a PPP borrower. SlideBelts Inc. received a PPP loan under the CARES Act.  SlideBelts is an internet retail company and...more

Stinson - Government Contracting Matters

The First Civil False Claims Act Settlement Resulting from PPP Fraud Has Finally Been Announced

On Tuesday, January 12, 2021, the U.S. Attorney’s Office for the Eastern District of California announced the first, and long-anticipated, civil settlement resolving allegations of fraud involving the Paycheck Protection...more

Stinson LLP

COVID-19 Recovery: Are You Ready for the SIGPR?

Stinson LLP on

The COVID-19 pandemic hit the United States in 2020 and Congress responded with legislation to provide a variety of forms of relief to small and large businesses and nonprofits, as well as individuals....more

PilieroMazza PLLC

False Claims Act Considerations for PPP Loan Forgiveness Applications

PilieroMazza PLLC on

The Paycheck Protection Program (PPP) created through the Coronavirus Aid, Relief, and Economic Security (CARES) Act offered much-needed financial relief to businesses directly impacted by the COVID-19 pandemic. Through the...more

Epstein Becker & Green

False Claims Act Enforcement During the COVID-19 Pandemic and Beyond

Epstein Becker & Green on

Earlier this summer, Ethan P. Davis, Principal Deputy Assistant Attorney General for the Civil Division of the U.S. Department of Justice (DOJ) delivered remarks addressing DOJ’s top priorities for enforcement actions related...more

Seyfarth Shaw LLP

Money for Nothing—Except Potential False Claims Act Liability

Seyfarth Shaw LLP on

CARES Act - The Coronavirus Aid, Relief, and Economic Security (“CARES”) Act (P.L. 116-136) was passed by Congress and signed into law by President Trump on March 27, 2020. The CARES Act provides over $2 trillion of...more

Proskauer Rose LLP

A Guide to Compliance Considerations for Health Care Providers - July 2020

Proskauer Rose LLP on

[co-author: Daniel Weinstein] - CARES Act, Payroll Protection, and Medicare Advance Payment Programs - This document was last updated on July 20, 2020 to reflect changes made by the Department of Health and Human...more

WilmerHale

Weekly COVID-19 Oversight & Enforcement Report - July 2020

WilmerHale on

Several news outlets reported that former Joint Chiefs of Staff Chairman Joseph Dunford is the leading contender to chair the Congressional Oversight Commission—a position that, under the CARES Act, must be jointly selected...more

Miles & Stockbridge P.C.

Preparing for Government Investigations in Wake of PPP Loan Certifications

The U.S. Department of Justice (“DOJ”) is scrutinizing borrowers who have applied for loans through the Small Business Administration’s Paycheck Protection Program (“PPP”), established by the Coronavirus Aid, Relief, and...more

Epstein Becker & Green

For the Unwary, Paycheck Protection Program May Create False Claims Act Liability

The Paycheck Protection Program (“PPP”) provided forgivable loans to assist small businesses with expenses during the COVID-19 shutdown, seemingly creating a lifeline for many of these enterprises. ...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

Mintz - Energy & Sustainability Viewpoints

SBA Issues Additional Guidance Regarding “Necessity” Certification Required under the CARES Act

Today the Small Business Administration (SBA) issued additional guidance with respect to the “necessity” certification required under the CARES Act in connection with the Paycheck Protection Program (PPP). The relevant...more

Eversheds Sutherland (US) LLP

New guidance issued on Paycheck Protection Program; loans with original amounts under $2 million will be deemed in good faith

The Treasury and the Small Business Administration (SBA) today updated its set of Frequently Asked Questions (FAQs) with respect to the Paycheck Protection Program (PPP) established under the Coronavirus Aid, Relief, and...more

Eversheds Sutherland (US) LLP

CARES Act loans and related programs come with increased oversight and risk of False Claims Act prosecution: Borrowers beware

On March 27, 2020, the Coronavirus Aid, Relief, and Economic Security Act of 2020 (CARES Act) came into effect as part of an ongoing effort to combat the financial crisis arising from the COVID-19 pandemic. The CARES Act...more

Carlton Fields

Five Steps to Minimize the Risk of Future FCA Investigations and Enforcement Actions Stemming From COVID-19 Stimulus Funding

Carlton Fields on

Following past national economic emergencies, the government and whistleblowers have initiated federal False Claims Act actions against recipients of government funding....more

Lathrop GPM

More Money More Whistleblowers? False Claims Act Risks in the Aftermath of the COVID-19 Pandemic

Lathrop GPM on

The False Claims Act is the primary tool used by the federal government to combat fraud and recover funds fraudulently obtained through a federal program or grant. As it has in the aftermath of other national crises, the...more

Williams Mullen

Paycheck Protection Program: After the Pay Comes the Chase

Williams Mullen on

Federal Stimulus and Oversight - On March 27, 2020, Congress passed the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act, which included among its provisions the Paycheck Protection Program (“PPP”). The PPP...more

Cooley LLP

Alert: What You Need to Know About Potential Exposure If You’ve Gotten a CARES Act Loan

Cooley LLP on

We have previously looked at the many ways CARES Act funding can provide critical sources of money for both small and large businesses. We also have described the oversight bodies created by the CARES Act to police the use of...more

Holland & Knight LLP

Oversight and Investigations Related to COVID-19 Pandemic Spending and Federal Programs

Holland & Knight LLP on

The president signed into law on March 27, 2020, the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), providing $2.2 trillion of emergency appropriations. The CARES Act provides a wide range of economic relief...more

Holland & Knight LLP

Ineligible PPP Borrowers Granted Safe Harbor Period to Return Money by May 7

Holland & Knight LLP on

The U.S. Small Business Administration (SBA) has issued a supplemental interim final rule regarding the Paycheck Protection Program (PPP) to buttress its supplemental guidance issued on April 23, 2020. In these, SBA warned...more

Foley & Lardner LLP

SBA Loans Under the CARES Act - Updated as of April 25, 2020

Foley & Lardner LLP on

The Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”), signed into law on Friday March 27, 2020, introduced the Paycheck Protection Program (the “PPP”) with an initial $349 billion in funding and the goal of...more

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