Fraud and Other Borrower and Lender Concerns in PPP and Other CARES Act Lending Programs
Proceeds Certification, Loan Forgiveness and Other Triggers: New Federal Oversight, SBA Guidance and FAQs
Recording of a 90-minute premium CLE webinar with Q&A
This CLE course will examine the regulatory and enforcement framework around emergency COVID-19 loan programs, including the Paycheck Protection Program (PPP) and the Economic Injury Disaster Loan Program (EIDL). The panel will discuss actions by borrowers and lenders that can trigger potential liability, the federal enforcement authorities responsible for investigating potential wrongdoing, and best practices for responding to an investigation.
- Existing regulatory framework for COVID-19 loan programs--SBA and others
- Investigations of SBA loan fraud: potential areas of fraud and abuse
- Inflating amount of PPP or other emergency loan funding to which borrower is entitled
- Qualification issues--company size and affiliation issues
- Permissible use of loan proceeds
- Applying for loan forgiveness
- SBA Guidance and FAQs
- Investigations of Treasury-backed loan and securities fraud: new federal oversight
- Interagency COVID-19 investigations
The panel will review these and other noteworthy issues:
- What are the key areas of potential fraud and abuse under the new COVID-19 loan programs?
- Who are the relevant investigative bodies, and how might lenders as well as borrowers be investigated?
- What are best practices for responding to an investigation?
- What risks do lenders face in connection with their participation in COVID-19 loan programs?
Cadwalader Wickersham & Taft
Mr. Larson's practice focuses on advising corporations and individuals in connection with financial regulations,... | Read More
Mr. Larson's practice focuses on advising corporations and individuals in connection with financial regulations, internal investigations, and government inquiries. He has extensive experience with U.S. and international anti-money laundering rules and regulations, and related compliance programs. Mr. Larson has advised banks, broker-dealers, funds, advisors, securitization parties, cryptocurrency and other money services businesses, national governments, and individuals in relation to the Bank Secrecy Act, international anti-money laundering rules, and global sanctions.Close
Kendra L. Wharton
Cadwalader Wickersham & Taft
Ms. Wharton is a member of the Global Litigation Group and the White Collar Defense and Investigations practice. She... | Read More
Ms. Wharton is a member of the Global Litigation Group and the White Collar Defense and Investigations practice. She advises clients in a broad range of criminal, civil and administrative proceedings and litigation, as well as in corporate internal investigations. Ms. Wharton regularly handles matters focused on alleged violations of the Foreign Corrupt Practices Act, the federal securities laws, the federal money laundering and asset forfeiture laws, and the False Claims Act. Prior to practicing law, she was a legislative aide in the United States Senate covering banking and financial services among other issues.Close