News & Analysis as of

Paycheck Protection Program (PPP) Risk Management

Warner Norcross + Judd

Insights from the Largest DOJ Health Care Fraud Enforcement Effort in U.S. History

On June 30, the Department of Justice (DOJ) announced the largest coordinated health care fraud enforcement effort in U.S. history, involving criminal charges against over 300 defendants and over $14.6 billion in health care...more

Troutman Pepper Locke

Troutman Pepper Weekly Consumer Financial Services Newsletter -October 2023 # 3

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To keep you informed of recent activities, below are several of the most significant federal and state events that have influenced the Consumer Financial Services industry over the past week...more

Mitratech Holdings, Inc

Moving Center Stage – Vendor Risk Management & COVID-19

Mitratech Holdings, Inc on

Vendor Risk Management (VRM) featured heavily at the recent Mitratech Interact 2020 online conference.  That’s not surprising, considering the rising concerns about the risks posed by vendor and supplier networks – and how...more

Esquire Deposition Solutions, LLC

Employers Advised to Use Communication, Flexibility to Mitigate COVID-19 Litigation Risks

When weighing liability risks arising from employees contracting COVID-19 at the workplace, many employers instinctively turn to the liability waiver, a document that — in theory — will protect the employer against lawsuits...more

ArentFox Schiff

Investigations Newsletter: Investment Bank Fined $400 Million For Failing to Remediate Deficiencies in its Risk Management Systems

ArentFox Schiff on

Investment Bank Fined $400 Million For Failing to Remediate Deficiencies in its Risk Management Systems - On October 7, the Federal Reserve Board and Office of the Comptroller of the Currency issued a consent order...more

Goodwin

SEC Charges Trust Company With Operating Unregistered Investment Companies

Goodwin on

SEC Charges Trust Company with Operating Unregistered Investment Companies and Failing to Register Securities Offerings. On September 30, the Securities and Exchange Commission (SEC) announced it had settled charges with...more

Saul Ewing LLP

Liability Dangers for Recipients of CARES Act Funds: Lessons From Past and Present Enforcement Actions

Saul Ewing LLP on

As the country struggles with COVID-19, many companies have applied for and received funds under the CARES Act and its Payment Protection Program (“PPP”). Those companies must understand there are significant risks tied to...more

Foodman CPAs & Advisors

Scammers Continue to Ruin the Good Deeds of the Small Business Administration

Government officials are warning the public concerning  fraud schemes related to economic impact  disaster programs offered by the U.S. Small Business Administration (SBA) during the COVID-19 pandemic.  ...more

PilieroMazza PLLC

False Claims Act Implications for PPP and Disaster Relief Loans: What Small Businesses Should Be Ready For

PilieroMazza PLLC on

With its chaotic rollout, conflicting regulations, and breakneck disbursements, the Paycheck Protection Program (PPP) is primed to create a wave of litigation. This includes actions taken under the False Claims Act (FCA),...more

Goodwin

Financial Services Weekly Roundup: Gone Phishing – The SEC’s OCIE Addresses Ransomware Attacks

Goodwin on

In This Issue. The Securities and Exchange Commission (SEC) adopted amendments to its exemptive applications procedures under the Investment Company Act of 1940, as amended (the 1940 Act) and proposed to amend Form 13F to...more

Saul Ewing LLP

Four Key Takeaways From Our Compliance Considerations and Enforcement Trends Surrounding the CARES Act Webinar

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1. With deteriorated economic conditions, high unemployment and a $2 trillion government stimulus, the current environment is ripe for fraud. The Department of Justice has prioritized swift action against those suspected of...more

BCLP

PPP Loan Recipients: And Now Liability Risks under the False Claims Act?

BCLP on

Borrowers under the Paycheck Protection Program (“PPP”), particularly those public companies who received more than $2 million, are juggling a lot these days. Watching the ever shifting positions of the SBA with respect to...more

BCLP

Action Items for Recipients of PPP Loans to Mitigate Risk Related to Fraud Allegations

BCLP on

In our last article, we discussed how recipients of larger PPP loans are at risk for allegations of fraud and specifically addressed how these recipients may become targets of False Claims Act (FCA) allegations, which can be...more

BCLP

What Recipients of PPP Loans Need to Know and Do to Mitigate Fraud Risk

BCLP on

While the Payroll Protection Program (PPP) loans under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) have given businesses a lifeline during these uncertain times, they also present a risk for fraud...more

Skadden, Arps, Slate, Meagher & Flom LLP

Enforcement Risks and the CARES Act

The Coronavirus Aid, Relief, and Economic Security Act, or the CARES Act, which was signed into law on March 27, 2020, provided for the establishment and expansion of a range of economic assistance programs designed to help...more

Cozen O'Connor

Companies Receiving PPP Funds Should Prepare for Audits, and Implement Compliance Now

Cozen O'Connor on

Treasury Secretary Steven Mnuchin issued a warning on the heels of the second funding of the federal Payroll Protection Program (PPP) that large or public companies will be audited if they received a loan under the program....more

Goodwin

Financial Services Weekly Roundup: May Introduces Additions And Expansions To Covid-19-related Policies

Goodwin on

In This Issue. The Board of Governors of the Federal Reserve System (Federal Reserve) expanded access to its Paycheck Protection Program Liquidity Facility (PPPLF) to non-bank lenders and expanded the collateral eligible to...more

Nelson Mullins Riley & Scarborough LLP

Updated Guidance from the SBA Regarding 'Necessity' Serves as a Warning to Borrowers Previously Obtaining or Applying for Paycheck...

In response to the economic crisis caused by the COVID-19 pandemic, the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”), was signed into law and dedicated $349 billion to the Paycheck Protection Program...more

Foodman CPAs & Advisors

FinCEN re-clarifies FAQ’s on how Lenders can meet BSA requirements when issuing PPP loans

On April 13, 2020, FinCEN, as the administrator of the BSA, re-published FAQs on how borrowers and lenders may rely on the guidance provided for the SBA’s interpretation of the CARES Act and of the PPP (Paycheck Protection...more

Morgan Lewis - All Things FinReg

Fintechs: PPP Lending Comes with Opportunities and Risks

The US Senate approved an additional $310 billion in funds for the Paycheck Protection Program (PPP) on April 20, and the House of Representatives is expected to approve these additional funds within days. As fintech...more

Arnall Golden Gregory LLP

Foreign Affiliates and the Small Business Size Standards for PPP Loan Eligibility: Avoiding FCA Liability for False Certifications

On March 27, 2020, the President signed the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act” or the “Act”) (Pub. L. 116-136), which provides emergency assistance and health care response for individuals,...more

BCLP

PPP Litigation and Regulatory Risks

BCLP on

With assistance from some of my litigation colleagues, Bryan Cave Leighton Paisner has just published guidance on re-evaluating practices and considering some of the litigation risks that could arise with the Paycheck...more

Pierce Atwood LLP

COVID-19 Payment Protection Program: Lender Guidelines Subject to Litigation Risks

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Lenders electing to participate in the $349 billion federal Paycheck Protection Program (PPP) understood the many challenges they faced in accepting and processing loan applications. ...more

BakerHostetler

On the Heels of the CARES Act, Companies Should Prepare for Increased Prosecutions and Enforcement Activity

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The Coronavirus Aid, Relief and Economic Security Act (the “CARES Act” or the “Act”) provides over $2 trillion in economic relief to eligible businesses and individuals affected by the COVID-19 pandemic. As with prior...more

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