The First False Claims Act Settlement with PPP Lender Released by DOJ

On September 13, 2022, the United States Department of Justice (DOJ) announced a settlement with Prosperity Bank, a regional bank with branches in Texas and Oklahoma, for processing a Paycheck Protection Program (PPP) loan on behalf of an ineligible borrower. Although the settlement was for less than $20,000, it is nonetheless noteworthy because it is the first time DOJ has publicly settled with a PPP lender for alleged violations of the False Claims Act (FCA) (though DOJ has been actively pursuing fraud cases against PPP borrowers for some time). Our advisory includes a summary of this settlement and insights on its significance for the future of FCA enforcement in the CARES Act fraud space.

For a complete list of government enforcement actions related to CARES Act fraud, please see the Arnold & Porter CARES Act Fraud Tracker

© Arnold & Porter Kaye Scholer LLP 2022 All Rights Reserved. This blog post is intended to be a general summary of the law and does not constitute legal advice. You should consult with counsel to determine applicable legal requirements in a specific fact situation.