Lenders have disbursed $792.65 billion in potentially forgivable loans to small businesses and nonprofits through the Paycheck Protection Program, which began in April 2020 and ended this May.
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This article highlights recent Justice Department actions concerning Paycheck Protection Program loans and what businesses need to know to avoid civil and criminal liability.
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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 indictments coming within the very first months of the program’s inception. This wave of criminal prosecutions and convictions related to some of the more flagrant abuses – individuals who fraudulently obtained funds from the program and then went on spending sprees for things like Lamborghinis, mansions, and private jet travel.
These prosecutions focused on individuals and organized groups who obtained or used PPP funds fraudulently, often including charges for false statements (18 U.S.C. § 1001), aggravated identify theft (18 U.S.C. § 1028A(a)(1)), false statements in a loan application (18 U.S.C. § 1014), wire fraud (18 U.S.C. § 1343), bank fraud (18 U.S.C. § 1344), and Title 26 tax charges. Alo
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Under President Biden and Attorney General Merrick Garland, the U.S. Department of Justice (DOJ) is expected to focus more intently on white collar enforcement than it did under the Trump administration. Fraud and abuse related to the Paycheck Protection Program (PPP) have already received considerable attention from authorities and this is almost certain to continue and accelerate in the months ahead. Both institutions and individuals have already been targeted for enforcement actions and everyone who has been involved in a PPP loan application should be cognizant of emerging enforcement trends.