You Should CARE: Will the Government Dismiss Unreasonable CARES Act Whistleblower Lawsuits

In April, the United States approved the Coronavirus Aid, Relief and Economic Security Act (CARES Act) authorizing over $2 trillion in government money to support the economy during the coronavirus global pandemic. CARES Act funds have been used to support small businesses through the PPP, larger businesses through the Main Street Lending Program, and health care providers through HHS grants of up to $175 billion. With government money, however, comes whistleblower lawsuits under the False Claims Act (FCA). Topics covered in this presentation include:

• A snapshot of the complex bureaucratic requirements and rapid deployment that made the CARES Act a regulatory mess.
• Basics of FCA law allowing Whistleblower lawsuits.
• How whistleblowers routinely push the envelope on enforcement theories in FCA cases, even beyond what the government might think is appropriate.
• The 2018 Granston memo and how CARES Act cases may fit into the factors favoring government dismissal of FCA cases.
• Recent developments in the caselaw of government dismissal authority under the FCA.
• Practical tips for seeking government dismissal and prospects for increased use of dismissal power by the government.