News & Analysis as of

SBA Lending Programs False Claims Act (FCA) Small Business Administration

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

Weekly Update for Government Contractors and Commercial Businesses – September 2023 #3

PilieroMazza PLLC on

Reducing the Negative Impacts of a Government Shutdown for Federal Contractors - Once again, the specter of a government shutdown looms over the federal contracting community. The federal government is set to run out 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

Dorsey & Whitney LLP

False Claims Act Case Tracker for Paycheck Protection Program Fraud - Update

Dorsey & Whitney LLP on

In the Spring of 2020, the Small Business Association (“SBA”) began administering the Paycheck Protection Program (the “PPP” or the “Program”) to provide SBA-backed loans to help eligible businesses maintain their workforces...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

Parker Poe Adams & Bernstein LLP

SBA Releases Long-Awaited Guidance on M&A Rules for Paycheck Protection Program Borrowers

The Small Business Administration (SBA) recently released a procedural notice concerning when a borrower of a Paycheck Protection Program (PPP) loan may forgo SBA approval in connection with a merger or acquisition. The...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

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

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

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

Foley & Lardner LLP

Applying for a CARES Act Loan? Take Three Simple Steps Now to Avoid Government Scrutiny Later

Foley & Lardner LLP on

The COVID-19 virus crush is upon us at this moment. Like in 2008 with TARP, the government has invited businesses around the country to apply for CARES Act relief to help survive this pandemic...more

Mintz - ML Strategies

COVID-19 Insights Week In Review — April 8, 2020

Mintz - ML Strategies on

As the coronavirus pandemic spreads across the nation, your team at ML Strategies continues to monitor legislative and regulatory updates at the federal and state level. Each week, ML Strategies will provide weekly updates...more

Mintz - ML Strategies

What You Need to Know: State and Federal Updates Related to COVID-19

Mintz - ML Strategies on

...On Monday, House Speaker Nancy Pelosi, Majority Whip James Clyburn, Transportation & Infrastructure Committee Chairman Peter DeFazio, and Energy & Commerce Committee Chairman Frank Pallone held a press conference on a...more

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