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Economic Stimulus and False Claims Act Liability

By David Lee Tayman

Over the past several months, most of us have seen the literal signs of government stimulus alongside the highways and byways we travel ' “Putting America to Work, This Project Funded by the American Recovery and Reinvestment Act,” reads a typical placard. The American Recovery and Reinvestment Act of 2009 (“ARRA”) encompasses a number of government programs designed to stimulate the economy, including “Payments for Specified Energy Projects In Lieu of Tax Credits” (PILOTCs), the “Community Development Financial Institutions Fund,” the “New Markets Tax Credit,” grants to states for low income housing projects in lieu of low income housing tax credit allocations, Department of Energy loan guarantees, and others.

Given the current economic climate, there has been strong interest in these programs. Due to the slowdown of general commercial activity, many stimulus applicants and recipients are companies that have traditionally done little, if any, business with the government. Setting aside the contentious issue of whether stimulus activities are good for the economy at large, it is important that applicants for, and recipients of, stimulus funds realize that participation in these programs could result not only in significant benefits, but also in exposure to legal liability. The peculiarities of Government procurement and grant programs are not novel, but could be beyond the expectation of a company used to doing business solely in the private sector.

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