News & Analysis as of June 3, 2025

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The Small Business Administration is a United States federal agency established in 1953 by the Small Business Act. The SBA is dedicated to assisting and supporting small business and entreprenuers. The SBA carries out its mission through a variety of programs including providing financial and federal contract procurement assistance, management assistance, and specialized outreach to women, minorities and armed forces veterans. less -

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

Benesch on 4/15/2025

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

Current Enforcement Efforts in the Battle Against COVID-19 Loan Program Fraud

J.S. Held on 11/4/2024

The COVID-19 pandemic caused unprecedented impacts around the world including stay-at-home orders, curfews, quarantines, and economic uncertainty. Businesses across the United States were forced to close their doors, limit...more

Weekly Update for Government Contractors and Commercial Businesses – October 2024 #5

PilieroMazza PLLC on 11/1/2024

Overcoming the Sovereign Acts Doctrine: Contractor Recovers Costs Related to COVID-19 Quarantine - As we know, in the almost five years since the COVID-19 pandemic began, courts have been reluctant to award costs to...more

Investigations Newsletter: San Diego Physician and Medical Practice Pay $3.8 Million to Resolve FCA Allegations

ArentFox Schiff on 10/28/2024

San Diego Physician and Medical Practice Pay $3.8 Million to Resolve FCA Allegations- San Diego-based physician Dr. Janette J. Gray and her former medical practice, The Center for Health & Wellbeing, agreed to pay $3.8...more

Overturning of Chevron Boosts Challenges to SBA PPP Loan Forgiveness Denials

Ballard Spahr LLP on 8/8/2024

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

BOLO: Cannabis PPP Loan Audits

Husch Blackwell LLP on 7/24/2024

In April, I wrote about the Docklight case in Washington State. That case involved a qui tam action pursuant to the False Claims Act in which Docklight, a cannabis ancillary company, settled with the Department of Justice for...more

Engaging in Activities that Violate Federal Law? DOJ Scrutiny of PPP Loan Recipients Turns to Ancillary Companies Supporting the...

Benesch on 7/17/2024

Since its inception, the cannabis industry has always existed alongside significant regulatory and compliance challenges. These largely stem from the fact that the manufacture, distribution and possession of marijuana remains...more

COVID-19 Relief Enforcement Actions Highlight Ongoing Risk

Bass, Berry & Sims PLC on 6/17/2024

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

SBA Extends Moratorium on Bona Fide Place of Business Rule

Schwabe, Williamson & Wyatt PC on 6/17/2024

June 14, 2024 Industry Group Leader On June 11, the Small Business Administration announced that it was extending the moratorium on the application of the bona fide place of business rule for 8(a) construction contracts to...more

Acting U.S. Attorney Levy Forecasts False Claims Act COVID Cases Targeting Private Lenders Of CARES Act Loans That Failed In Their...

Mintz - Health Care Viewpoints on 6/6/2024

Acting U.S. Attorney Joshua Levy discussed the enforcement priorities for the Massachusetts U.S. Attorney’s Office (USAO) during a Q&A session on May 29, 2024, and made clear that the historical focus of the office remains...more

BOLO: Cannabis Qui Tam Actions

Husch Blackwell LLP on 4/29/2024

Due to federal illegality, the cannabis industry has long been plagued by federal agencies taking a variety of different enforcement approaches to cannabis businesses. From the U.S. Patent and Trademark Office to the National...more

PPP Loan Audits Could Affect Millions of Borrowers

Husch Blackwell LLP on 4/16/2024

In March 2020 during the height of the COVID-19 pandemic, the Coronavirus Aid, Relief, and Economic Security (CARES) Act was signed into law establishing, among other things, the Payment Protection Program (PPP) administered...more

The PPP Turns Four: Lessons Learned and What Lies Ahead

McDermott Will & Emery on 4/11/2024

Four years ago this month, lenders began dispersing Paycheck Protection Program (PPP) loans to small businesses in what would become the largest Small Business Administration (SBA) lending program in history. The SBA approved...more

PPP Loan Investigations and Prosecutions are on the Rise

Dinsmore & Shohl LLP on 3/18/2024

In recent months, a number of agencies, including the Federal Bureau of Investigation (“FBI”), have been working diligently to identify businesses and individuals who committed alleged fraud through the Paycheck Protection...more

PPP and Pandemic Fraud Recoveries Significant for DOJ in FY 2023

Bradley Arant Boult Cummings LLP on 2/29/2024

The Department of Justice (DOJ) recently announced that it obtained more than $2.68 billion in False Claims Act (FCA) settlements and judgments in the fiscal year ending September 23, 2023. DOJ reports that “matters that...more

DOJ Releases False Claims Act Statistics for Fiscal Year 2023

Morrison & Foerster LLP on 2/27/2024

On February 22, 2024, the U.S. Department of Justice (DOJ) announced its False Claims Act (FCA) statistics for fiscal year (FY) 2023. Using DOJ’s FY 2023 Data Table and our analysis from previous years, MoFo’s FCA team...more

PPP Lender Liability, Enforcement, & Fintech Challenges

Buchalter on 12/29/2023

The Paycheck Protection Program (“PPP”) emerged as a lifeline for small businesses grappling with the unprecedented challenges of the COVID-19 pandemic. Lenders navigated a landscape of regulations that Congress quickly...more

CARES Act appeals: Key steps in addressing denials and repayments

Health Care Compliance Association (HCCA) on 12/14/2023

With the onset of the COVID-19 pandemic, Congress initiated several programs to help businesses weather the difficult economic conditions. The Coronavirus Aid, Relief, and Economic Security (CARES) Act provided two of these...more

PPP Fraud Enforcement Shows No Signs of Slowing

Buchalter on 11/1/2023

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

Construction Contractor Wins COVID-Related Construction Claim on Appeal: Lessons Learned

PilieroMazza PLLC on 8/30/2023

Since the beginning of the pandemic, boards and courts have denied a vast majority of construction claims seeking pandemic-related costs under fixed-price contracts. In this blog, PilieroMazza summarizes a recent claim where...more

SBA Extends Moratorium on Bona Fide Office Requirements for 8(a) Construction Contracts

Holland & Knight LLP on 8/23/2023

The U.S. Small Business Administration (SBA) announced on Aug. 21, 2023, that it was extending its moratorium on the application of the "bona fide office" requirements for construction contracts under its 8(a) Business...more

DOJ Appears to Shift Focus to Lenders in Paycheck Protection Program Investigations: What You Need to Know

Orrick, Herrington & Sutcliffe LLP on 5/30/2023

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

Weekly Update for Government Contractors and Commercial Businesses – May 2023 #2

PilieroMazza PLLC on 5/12/2023

Pentagon Wants Authority to Start Work on New Technologies Without Congressional Approval - In recent years, Congress has passed several pieces of legislation meant to speed up the Defense Department’s (DOD) acquisition...more

Department of Justice Announces Increased Nationwide Coordinated Law Enforcement Effort to Combat PPP Fraud

Kaufman & Canoles on 4/28/2023

The U.S. Justice Department recently announced an increased nationwide coordinated law enforcement effort aimed at combatting COVID-related fraud. The initiative seeks to identify and prosecute individuals and companies who...more

Weekly Update for Government Contractors and Commercial Businesses – March 2023 #4

PilieroMazza PLLC on 3/30/2023

CONSTRUCTION - DOL: Biden-Harris Administration Launches Initiative to Promote Equal Opportunity, Expand Workforce for Federally Funded Jobs in Large Infrastructure Projects - U.S. Department of Labor (DOL) announced...more

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