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Year: 2020

The White Collar Defense Report® | July 2020 News Roundup

PPP Prosecutions a DOJ Priority The Department of Justice has wasted no time in commencing prosecutions for alleged COVID-19 related fraud, specifically the Paycheck Protection Program (PPP), part of the Coronavirus Aid, Relief, and Economic Security (CARES) Act. Here is a sampling of prosecutions that have already been announced: A Seattle doctor was taken into custody on allegations that he fraudulently sought…

Federal Government Ramps Up Their COVID-19 Fraud Efforts (Part 2 of 2)

In Part One of this series, I shared information about the federal government’s vigorous response to coronavirus-related fraud. The Department of Justice has allocated $850 million to prioritize fraud investigation and prosecutions across the board – from Paycheck Protection Program (PPP) scams to price-gouging. The following forms of fraud are currently a top priority for investigation: Business owners over-stating payroll, expenses &…

Federal Government Ramps Up Their Anti-Fraud Efforts (Part 1 of 2)

I have been a practicing white collar defense lawyer for more than 35 years and I have never seen the government respond as swiftly or vigorously to fraud as they are right now. Within weeks of the first COVID-19 cases in the United States, federal and state governments were already issuing fraud warnings and building a prosecution infrastructure to pursue cases. It…

Why Executives Need Independent Counsel

Corporate executives often mistakenly assume corporate counsel will represent their interests in the event of a federal investigation or lawsuit. However, the reality is that corporate counsel represents only the corporation and not the executives. Typically, corporations will try to blame individual executives to escape or mitigate corporate exposure when serious trouble with the federal government arises. This article isn’t…

Avoid Puffery When Applying for COVID-19 Financial Aid, Advises Former Federal Prosecutor

Government will be on ‘high alert for fraud,’ says Dallas’ Dan Guthrie. Owners of companies that plan to apply for financial assistance through the recently enacted Paycheck Protection Program should err on the side of caution, advises white-collar criminal defense attorney and former federal prosecutor Dan Guthrie. The $349 billion program to help small businesses that have been negatively impacted by…