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Heightened Oversight May Lead to Rise in False Claims Act Actions Related to Assistance Programs Under the CARES Act

Just as a rise in federal enforcement actions accompanied the federal stimulus package passed in the wake of the 2008 financial crisis, we expect enhanced federal enforcement to accompany the recent Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”). The Department of Justice (“DOJ”) may increase its use of the False Claims Act (“FCA”) as an enforcement mechanism, particularly against businesses seeking relief under the small business assistance provisions of the CARES Act. Increased pressure and stressors on workers navigating the COVID-19 crisis may also lead to a rise in whistleblower filings under the FCA related to CARES Act programs.

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Fourth Circuit Applies the Wartime Suspension of Limitations Act to False Claims Act Relators and Limits the FCA’s First-to-File Bar

Practices: False Claims Act, Government Enforcement / White Collar Criminal Defense

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