News & Analysis as of August 29, 2025

Investigations

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Read guidance, analysis, and updates on the myriad issues arising from the global response to the COVID-19 pandemic. Updated hourly every day, the insights published here are written by leading lawyers and law firms helping to make sense of insurance, employment, tax, securities, M&A, risk management, and every other consideration touched by this crisis. Follow the channel for a daily email brief of the latest and best updates. less -

Mid-Year Update: PPP Investigations Continue as DOJ Enforcement Priority

Husch Blackwell LLP on 8/19/2025

As we enter the second half of 2025—over five years now since the COVID-19 pandemic began—federal government scrutiny relating to Paycheck Protection Program (PPP) loans received in the early days of the pandemic is still...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

ERC Voluntary Disclosure Program Re-Opens

Foodman CPAs & Advisors on 9/9/2024

On 7/15/24, the IRS announced via Notice IR-2024-212 the re-opening of the ERC (Employee Retention Credit) Voluntary Disclosure Program which will end on 11/22/24. The first ERC Voluntary Disclosure Program ended in March...more

IRS Reopens Employee Retention Tax Credit Voluntary Disclosure Program

Fox Rothschild LLP on 8/21/2024

The ERC is a legitimate, refundable tax credit designed to help businesses that continued to pay employees while they were shut down because of the COVID-19 pandemic or that experienced a significant decline in gross receipts...more

IRS Begins Processing Some Employee Retention Tax Credit Claims Filed During the Moratorium

Fox Rothschild LLP on 8/13/2024

The Internal Revenue Service has adjusted its moratorium on processing Employee Retention Tax Credit (ERC) claims, announcing last week it will begin processing claims filed between September 14, 2023 and January 31, 2024. In...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

IRS Continues Aggressive Oversight and Enforcement of Employee Retention Credits

Womble Bond Dickinson on 3/7/2024

The Employee Retention Credit (ERC) is a refundable tax credit for businesses whose employees were impacted by the COVID-19 Pandemic. The provisions are set out in § 2301 of the CARES Act and § 3111 of the Internal Revenue...more

EnforceMintz — COVID-19 Fraud Enforcement Unlikely to Slow Down in 2024

Mintz on 2/9/2024

The government continued to dedicate enormous resources to investigating and prosecuting fraud against COVID-19 pandemic relief programs in 2023. While we observed some civil False Claims Act settlements, criminal enforcement...more

Fraud Investigations into COVID-Era PPP and EIDL Loans Increasing

Harris Beach Murtha PLLC on 12/4/2023

The Department of Justice continues to have its task forces throughout the U.S. investigate and prosecute fraudulent use of funds from the Paycheck Protection Program (PPP) and Economic Injury Disaster Loan (EIDL) programs...more

How IRS Is Cracking Down on Employee Retention Tax Credit Fraud

DarrowEverett LLP on 8/8/2023

The Internal Revenue Service (“IRS”) has recently devoted great attention to detecting, investigating, and prosecuting fraud, particularly as it relates to the Employee Retention Tax Credit (“ERC”) post-COVID. On a webinar...more

New Congressional Report Raises Possibility of False Claims Act Scrutiny for Fintech Companies Involved In PPP Loans

Wiley Rein LLP on 12/7/2022

A just-issued Congressional staff report raised concerns that certain financial technology companies (fintechs) were involved in processing improper loans through the Paycheck Protection Program (PPP) and recommended, among...more

Government Investigation of COVID-19-Related Fraud in North Carolina Continues

Brooks Pierce on 8/25/2022

In March of 2020, Congress passed the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), a $2.2 trillion economic relief bill designed to provide emergency financial assistance to Americans in the wake of the...more

DOJ Investigating FinTech Over PPP Loans

Sheppard Mullin Richter & Hampton LLP on 7/29/2022

On June 3, a federal court filing in the Southern District of Florida by an Atlanta-based FinTech company revealed that the small business lender is under DOJ investigation for alleged PPP loan approval practices. According...more

Enforcement Against COVID-19 Related Fraud: Two-Year Anniversary Update

Morrison & Foerster LLP on 3/16/2022

On the eve of the pandemic’s two-year anniversary, the U.S. Department of Justice (DOJ) released updated statistics on its efforts to combat COVID-19 related fraud and announced the appointment of a director of COVID-19 Fraud...more

PPP Loan Fall-Out: Expect More Audits and Investigations

PilieroMazza PLLC on 1/28/2022

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

Government Ramps Up Enforcement Efforts on COVID-19 Relief Fraud

Bradley Arant Boult Cummings LLP on 12/23/2021

The federal government is substantially ramping up its enforcement of COVID-19-related fraud. In a press release issued yesterday, the United States Secret Service announced the naming of a “National Pandemic Fraud Recovery...more

In extremis — PPP Money Is Not “Free” So Applicants & Recipients Need to Beware

Cozen O'Connor on 12/8/2021

As most of the population is aware, to try and preserve the economy and businesses viable during the COVID-19 pandemic, congress passed the CARES Act. That bill included the Payroll Protection Program (PPP), in which small...more

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

Fox Rothschild LLP on 7/27/2021

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

PPP Investigations, Settlements and Litigation on the Horizon

Bass, Berry & Sims PLC on 4/30/2021

In the last year, the Department of Justice (DOJ) has brought more than 100 criminal cases relating to Paycheck Protection Program (PPP) Fraud. These criminal prosecutions started at a blistering pace, with the first...more

Pandemic Fraud

Foley Hoag LLP - White Collar Law &... on 4/1/2021

This is the seventh in our First 100 Days series examining important trends in white collar law and investigations in the early days of the Biden administration. Our previous entry was on FCA enforcement. Up next, healthcare...more

COVID-19 Enforcement Trends One Year Into the Pandemic

Sheppard Mullin Richter & Hampton LLP on 3/31/2021

A year after the COVID-19 pandemic hit the United States, it remains to be seen how the Biden Administration will approach enforcement against businesses who received pandemic relief through the CARES Act and other federal...more

DOJ Announces First Criminal Prosecution For Misuse Of COVID-19 Relief Funds Dedicated To Health Care Providers

Fox Rothschild LLP on 2/26/2021

The Justice Department has widened its crackdown on COVID-19 fraud, announcing the first criminal case alleging misuse of federal relief funds designated for medical providers. The egregious nature of the alleged fraud and...more

COVID Audits and Investigations: The Enforcers

Blank Rome LLP on 2/22/2021

This is the first in a series of blog posts concerning the audits and investigations related to the contracts and grants awarded, and relief funds provided, in response to the COVID-19 pandemic. As of February 2021, pursuant...more

Congressional Investigations Preview for the 117th Congress: Unified Democratic Control Means More Robust Oversight and...

K&L Gates LLP on 2/4/2021

The election of Joseph R. Biden Jr. as president of the United States and Democratic control of the U.S. House of Representatives and Senate mean that the private sector can expect to be the main focus of congressional...more

2021: A New Year, the Same Fear - Why Companies Should Expect a Wave of PPP Investigations

K&L Gates LLP on 12/22/2020

Four months after the expiration of the $659 billion forgivable loan relief program established by the CARES Act, the federal government has disbursed approximately 5.2 million Paycheck Protection Program (PPP) loans....more

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