If the Department of Justice or the SBA is questioning your organization's PPP eligibility or forgiveness under the False Claims Act, talk with a defense attorney before you respond.
A full-service firm established in 1933. Tax controversy and white-collar attorneys serving organizations across the East Coast.
These letters are recognizable. Look for:
If your letter uses this language, you may be dealing with a civil False Claims Act inquiry. It can carry deadlines, and how you respond now may shape the entire matter.
We answer DOJ letters and civil investigative demands within the deadline they set.
Your 501(c) type, first draw versus second draw, and the lobbying and size limits that applied.
Including good-faith reliance, materiality, and any applicable safe harbor.
Negotiate a resolution and coordinate any related tax exposure.
Whiteford is a full-service firm whose tax controversy and white-collar attorneys represent organizations, including nonprofits, in SBA, IRS, and Department of Justice matters across the East Coast. We handle the government while you keep your organization running.
Michael represents individuals and organizations in civil and criminal tax matters before the IRS, the Department of Justice, and the federal courts. He has defended clients before the DOJ in federal district courts across Maryland, Virginia, Delaware, Florida, and the District of Columbia, in matters involving alleged fraud, foreign-account reporting, and tax evasion.
Tell us about the letter you received.
We review the loan, the certifications, and the eligibility rules that applied to your organization.
We manage the communication with the government and pursue a resolution.
Usually civil, though civil and criminal reviews can sometimes run in parallel. Which posture your matter is in is one of the first things an attorney will help you understand.
A CID is a formal government demand for documents, written answers, or testimony during a civil investigation. It carries a compliance deadline and is often the first formal step in a False Claims Act matter.
Your letter or civil investigative demand states a deadline. Do not miss it, and do not respond before you have spoken with counsel.
Yes. The inquiry generally focuses on whether the loan was properly obtained and certified, not on whether the funds were spent. An improperly forgiven loan can also create tax exposure on top of any repayment.
Not before you have counsel. Returning funds or volunteering explanations can affect your position. Let an attorney assess the situation first.
Civil False Claims Act liability can include up to three times the government's damages, plus a civil penalty of $14,308 to $28,619 for each false claim. These matters are most often resolved on more favorable terms at the earliest stage.
A confidential conversation about the letter you received and your options.
Last updated: April 2026
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