DOJ’s Fraud Section Posts Opening for Full-Time CARES Act Prosecutor ANTHONY BURBA BARNES & THORNBURG This posting comes as the Fraud Section, in conjunction
Barnes & Thornburg partner, Anthony Burba, describes the DOJ’s continuous prosecution of fraud as it relates to the COVID-19 pandemic and the CARES Act.
with local U.S. Attorney’s Offices, continues to bring cases focused on fraud in the PPP loan program. These recent announcements of PPP related prosecutions note that the “Fraud Section leads the Department of Justice’s prosecution of fraud schemes that exploit the
The Department of Justice continues to signal its
CARES Act. In the Months since the CARES Act was
intense focus on deterring and prosecuting fraud in
passed, Fraud Section Attorneys have prosecuted more
connection with the COVID-19 pandemic and under the
than 100 defendants in more than 70 criminal cases.”
CARES Act specifically. In the latest sign of this commitment, the DOJ’s Fraud Section has posted a position for
The new announcement shows a continued commitment
a full time prosecutor located in the Major Frauds and
to CAF enforcement, and new threats to those that
Market Integrity Unit.
sought to profit off the government’s relief efforts targeting the pandemic. It is not yet clear whether this
The Fraud Section has even created a new acronym
position is earmarked for an existing Fraud Section
to cover CARES Act fraud, CAF. The posting indicates
prosecutor (as is often
that the newly created position will prosecute CAF.
the case with postings
“CAF prosecutors are a subset of prosecutors focused
this specific) or whether
upon investigating, prosecuting, and deterring fraud
they will seek expertise
in the Small Business Administration’s (SBA) COVID-19
from outside the section.
disaster relief programs, including the Economic
What is clear is that the
Injury Disaster Loan (EIDL) program and the Paycheck
DOJ’s commitment to
Protection Program (PPP).”
enforcement in this area is considerable, and we can
The new hire is expected to carry out the typical duties
expect that commitment
of a Fraud Section Trial Attorney as well as develop
to be met with additional
“expertise in detecting and prosecuting fraud in SBA
funding and resources
loan programs, and in SBA loan program rules and
that will likely result
regulations; and in bank fraud, wire fraud, wire fraud
in significantly more
affecting a financial institution, money laundering, false
prosecution of CAF
statements, obstruction, and conspiracy offenses.”
fraudsters.
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MAY • JUNE 2021
Anthony Burba, partner with Barnes & Thornburg, is a former federal prosecutor who focuses on defending corporate and individual clients against government investigations and resolving complex compliance matters. He is an advocate for his clients and relies on reasoned judgment and experience to assist his clients. Reach him at Tony.Burba@btlaw.com.
