Recover Fraudulent COVID Funds Act
The Recover Fraudulent COVID Funds Act would extend the statute of limitations for violations tied to pandemic-era programs to 10 years. The bill defines a set of pandemic-era laws (including the CARES Act, FFCRA, the original CARES Act, PPP-related laws, and related 2021 appropriations, as well as amendments to those laws) and designates violations relating to those programs as “pandemic-era program violations.” For criminal offenses, prosecutions would have up to 10 years to be indicted or information filed after the offense. For civil actions involving forfeiture under customs laws tied to pandemic-era program violations, the time limit would be 10 years from when the violation was discovered (or 3 years after discovery of the involvement of property, whichever is later), with certain exclusions for absence. For false-claims enforcement, civil actions under the False Claims Act would be limited to 10 years after the violation, and related notices must be sent within 10 years. The bill thus broadens and harmonizes the window for pursuing criminal, civil, and false-claims fraud tied to COVID-era funds.
Key Points
- 1Defines pandemic-era law and pandemic-era program violation to cover major COVID-era relief and stimulus laws (CARES Act, FFCRA, CARES Act amendments, PPP-related acts, and 2021 appropriations, including amendments).
- 2Criminal prosecutions: a pandemic-era program violation charged as a crime must be indicted or information filed within 10 years after the offense, unless a longer period applies under other laws.
- 3Civil forfeiture actions under customs laws related to pandemic-era program violations: must be commenced within 10 years after discovery of the violation or within 3 years after discovery of the involvement of the property, whichever is later; time for absence or concealment of the property is excluded from the period.
- 4False claims actions: civil actions under the False Claims Act alleging pandemic-era program violations may not be brought more than 10 years after the violation, with notices to liable parties required within 10 years after the violation.
- 5Timing and discovery rules: discovery of the violation or property involvement resets or defines the relevant limitation periods in civil contexts; absence from the United States or concealment affects the counting of time.