Skip to main content

Nixon Peabody LLP

  • People
  • Capabilities
  • Insights
  • About
Trending Topics
    • People
    • Capabilities
    • Insights
    • About
    • Locations
    • Events
    • Careers
    • Alumni
    Practices

    View All

    • Affordable Housing
    • Community Development Finance
    • Corporate & Finance
    • Cybersecurity & Privacy
    • Entertainment & Media
    • Environmental
    • Franchising & Distribution
    • Government Investigations & White Collar Defense
    • Healthcare
    • Intellectual Property
    • International Services
    • Labor, Employment, and Benefits
    • Litigation
    • Private Wealth & Advisory
    • Project Finance
    • Public Finance
    • Real Estate
    • Regulatory & Government Relations
    Industries

    View All

    • Aviation
    • Cannabis
    • Consumer
    • Energy
    • Financial Services
    • Healthcare
    • Higher Education
    • Infrastructure
    • Manufacturing
    • Nonprofit Organizations
    • Real Estate
    • Sports & Stadiums
    • Technology
    Value-Added Services

    View All

    • Alternative Fee Arrangements

      Developing innovative pricing structures and alternative fee agreement models that deliver additional value for our clients.

    • Continuing Education

      Advancing professional knowledge and offering credits for attorneys, staff and other professionals.

    • Crisis Advisory

      Helping clients respond correctly when a crisis occurs.

    • DEI Strategic Services

      Providing our clients with legal, strategic, and practical advice to make transformational changes in their organizations.

    • eDiscovery

      Leveraging law and technology to deliver sound solutions.

    • Environmental, Social, and Governance (ESG)

      We help clients create positive return on investments in people, products, and the planet.

    • Global Services

      Delivering seamless service through partnerships across the globe.

    • Innovation

      Leveraging leading-edge technology to guide change and create seamless, collaborative experiences for clients and attorneys.

    • IPED

      Industry-leading conferences focused on affordable housing, tax credits, and more.

    • Legal Project Management

      Providing actionable information to support strategic decision-making.

    • Legally Green

      Teaming with clients to advance sustainable projects, mitigate the effects of climate change, and protect our planet.

    • Nixon Peabody Trust Company

      Offering a range of investment management and fiduciary services.

    • NP Capital Connector

      Bringing together companies and investors for tomorrow’s new deals.

    • NP Second Opinion

      Offering fresh insights on cases that are delayed, over budget, or off-target from the desired resolution.

    • NP Trial

      Courtroom-ready lawyers who can resolve disputes early on clients’ terms or prevail at trial before a judge or jury.

    • Social Impact

      Creating positive impact in our communities through increasing equity, access, and opportunity.

    • Women in Dealmaking

      We provide strategic counsel on complex corporate transactions and unite dynamic women in the dealmaking arena.

    1. Home
    2. Insights
    3. Alerts
    4. PPP and EIDL statute of limitations for fraud extended to 10 years

      Alerts

    Alert / Coronavirus Stimulus & Relief

    PPP and EIDL statute of limitations for fraud extended to 10 years

    Aug 10, 2022

    LinkedInX (Twitter)EmailCopy URL

    By Morgan Nighan, Eric Ferrante, Adam Tarosky and David Kaufman

    We highlight the PPP and Bank Fraud Enforcement Harmonization Act of 2022 and the COVID-19 EIDL Fraud Statute of Limitations Act of 2022.

    What’s the Impact?

    • Recent legislation passed by Congress demonstrates that pandemic relief fraud enforcement will continue to be a priority in the coming years.
    • Companies that sought and obtained relief funding should conduct due diligence and ensure those funds were properly received, used, and forgiven.

    DOWNLOAD

    PPP and EIDL statute of limitations (PDF)

    On August 5, 2022, two bills extended the statute of limitations for civil and criminal enforcement actions for fraud in connection with the Paycheck Protection Program (PPP) and Economic Injury Disaster Loans (EIDL) to 10 years. The PPP and Bank Fraud Enforcement Harmonization Act of 2022 and the COVID-19 EIDL Fraud Statute of Limitations Act of 2022 were both passed by Congress with bipartisan support and signed by President Biden.

    These bills demonstrate that pandemic relief fraud enforcement will continue to be a priority in the coming years. As of March 10, 2022, the government had already brought criminal charges against more than 1,000 defendants, with alleged losses exceeding $1.1 billion; seized over $1 billion in EIDL proceeds; and initiated more than 240 civil investigations into more than 1,800 individuals and entities for alleged misconduct in connection with pandemic relief loans totaling more than $6 billion. The government has flagged tens of thousands of potentially fraudulent loans totaling several billion dollars, and we expect investigations into those loans to continue in earnest over the coming years.

    Before passage of these bills, the statute of limitations for civil and criminal fraud enforcement actions concerning PPP and EIDL loans was six years. Now that the statute of limitations has been extended to 10 years, borrowers should maintain all of their loan files for at least 10 years from the date a loan was received, used, and — if applicable — forgiven, whichever date is later. It is worth noting that many forms issued by government agencies, such as the U.S. Small Business Administration, advise borrowers to retain files for six years, as do certain regulations enacted before these bills. To the extent there is a conflict between older forms or regulations and the new laws, the new laws’ 10-year limitations period likely controls.

    In addition to maintaining their loan files for 10 years, companies and individuals who applied for and received government-sponsored pandemic relief funding should conduct due diligence to ensure those funds were properly received, used, and forgiven.

    Insights And Happenings

    • Alert

      SCOTUS rejects nursing home PREP Act immunity case

      Nov 29, 2022
    • Alert

      PPP and EIDL statute of limitations for fraud extended to 10 years

      Aug 10, 2022
    • Alert

      Private school subject to Title IX for PPP loan

      June 23, 2022
    The foregoing has been prepared for the general information of clients and friends of the firm. It is not meant to provide legal advice with respect to any specific matter and should not be acted upon without professional counsel. If you have any questions or require any further information regarding these or other related matters, please contact your regular Nixon Peabody LLP representative. This material may be considered advertising under certain rules of professional conduct.

    Subscribe to stay informed of the latest legal news, alerts, and business trends.Subscribe

    • People
    • Capabilities
    • Insights
    • About
    • Locations
    • Events
    • Careers
    • Alumni
    • Cookie Preferences
    • Privacy Policy
    • Terms of Use
    • Accessibility Statement
    • Statement of Client Rights
    • Purchase Order Terms & Conditions
    • Nixon Peabody International LLC
    • PAL
    © 2025 Nixon Peabody. All rights reserved