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kslaw.com 1 False Claims Act Considerations Related to the CARES Act's Small Business Administration Loan Program An Analysis of Lender and Borrower Risks On March 27, 2020, Congress passed the Coronavirus Aid, Relief and Economic Security (CARES) Act, which authorized $2.2 trillion to, among other things, help companies and individuals mitigate the financial repercussions caused by COVID-19. Included among those efforts is a lending program through the Small Business Administration (SBA) aimed at helping eligible companies avoid layoffs and furloughs. Companies considering participating in the CARES Act’s SBA program1 – either as lenders or borrowers – should consider potential exposure under the federal civil False Claims Act (FCA).2 A review of the guidance surrounding the SBA program makes clear that the Executive Branch has commendably attempted to reduce risks for lenders in order to encourage lenders to participate in the program and to get funds out to borrowers in need quickly...