FCA Playbook: Managing Risks of COVID-19 Relief and Response Programs

While government programs addressing the COVID-19 crisis present important opportunities, they also pose significant risks of potential liability under one of the government's most powerful civil enforcement tools, the False Claims Act. It is therefore crucial for all companies and Individuals receiving federal assistance or providing goods or services funded by the government, especially those unaccustomed to transacting government-related business, to understand and effectively manage these risks.

This engaging 60-minute webinar provided critical information to identify and navigate the changing landscape of FCA risks. Attendees also learned practical steps for mitigating these risks and what to expect, and insights from attorneys with deep FCA experience, including several former government lawyers. 

Winston & Strawn Partners, Suzanne Jaffe Bloom, Amandeep Sidhu, and Reed Stephens, as well as Paul Kaufman, currently Vice President, Office of Legal Affairs at Northwell Health, and formerly the Chief of Civil Health Care Fraud at the United States Attorney’s Office for the Eastern District of New York hosted an informative discussion of the following topics:

• What to expect from the government with respect to FCA enforcement related to COVID-19 relief and response programs.
• Overview of the FCA and the lifecycle of an FCA investigation and litigation, including parallel proceedings and collateral issues that arise.
• The specific FCA liability risks that arise in connection with:
  • The CARES Act, including the Payroll Protection Program
  • The Provider Relief Fund
  • Government contracting (research & development, Section 3610 CARES Act, Defense Production Act)
  • Practical steps you can take to mitigate FCA risks.

 

View all of our COVID-19 perspectives here. Contact a member of our COVID-19 Legal Task Force here.