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MMARCH

Client Alert: Nonprofits in the Crosshairs: DOJ Targets PPP Loans Under the Civil False Claims Act

THE HIGHLIGHTS FOR NONPROFITS RECEIVING DOJ LETTERS

 
  • On May 27, 2026, the U.S. Attorney's Office for the District of Columbia announced civil False Claims Act settlements with two nonprofits over PPP loans they were not eligible to receive, totaling more than $450,000.
  • The Department of Justice (DOJ)'s new National Fraud Enforcement Division, announced April 7, 2026, signals that pandemic-relief recoveries against nonprofits are accelerating, not winding down.
  • A nonprofit that received a DOJ letter, a civil investigative demand or an SBA inquiry about PPP eligibility faces civil exposure of up to treble damages plus a per-claim penalty.

Leading Litigator Bruce Bernstein Joins Whiteford in DC

Whiteford is pleased to announce that Bruce D. Bernstein has joined the firm as a Litigation Partner in Washington, D.C. With over 25 years of experience as a commercial litigator and trial lawyer, both in private practice and with the Department of Justice, Mr. Bernstein has a track record of successfully litigating and prevailing in complex commercial direct and class actions, at all levels, including before the U.S. Supreme Court, as well as other federal and state courts.

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Client Alert: Kwong and the July 10 Deadline: Why Advisors Should Flag Protective Refund Claims This Week

  • For most affected taxpayers, a protective claim on Form 843 must be filed by July 10, 2026 to preserve the right to a refund
  • The IRS has formally accepted only a narrow 60-day postponement, so claims relying on the full period should be filed protectively and may have to be litigated
  • Kwong v. United States treats federal tax deadlines that fell between January 20, 2020 and July 10, 2023 as postponed, opening a path to recover penalties and interest paid during the COVID-19 disaster period

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Client Alert: 2026 Health Care Fraud Takedown Includes Virginia and a Renewed Focus on Medicaid Cases

On June 23, 2026, the Department of Justice announced the 2026 National Health Care Fraud Takedown, which it described as the largest coordinated health care fraud enforcement action in its history. The aggregate figures are substantial: charges against 455 defendants, including roughly 90 doctors and other licensed professionals, tied to more than $6.5 billion in allegedly false claims. The action spanned 56 federal districts and 45 states and territories and, notably, drew the participation of 50 state Medicaid Fraud Control Units, which is the most the Department has ever assembled for a single takedown. 

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Client Alert: Two Tracks, One Defendant

Why the Supreme Court and a Missouri Class Action Decide Roundup’s Price Together

Bayer is defending Roundup on two tracks at once, and the market should read them together. On one track, the Supreme Court will decide in Monsanto Co. v. Durnell whether federal pesticide law bars a state failure-to-warn verdict the EPA never required. On the other, a Missouri state court is weighing a proposed $7.25 billion class settlement that would resolve most of the remaining cases by contract. The ruling sets the rule. The settlement sets the number. Neither is independent of the other.

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Client Alert: HUD Changes Course: Are Emotional Support Animal Accommodations No Longer Required?

On May 22, 2026, the U.S. Department of Housing and Urban Development (“HUD”) issued an enforcement memorandum permanently rescinding the 2020 guidance on assistance animals and establishing new criteria for evaluating complaints brought under the federal Fair Housing Act (“FHA”) for animal-related reasonable accommodation requests. Under the new criteria, the Office of Fair Housing and Equal Opportunity (“FHEO”) will only find probable cause and prosecute complaints if the animal in question has been individually trained to provide assistance directly related to an individual’s disability. This change raises significant questions for community association boards and managers about their ongoing duty to grant reasonable accommodations for emotional support animals under the FHA.

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