Rafi Prober and Karen Christian Speak with Law360 on Congressional Investigations Amid a Pandemic

Rafi Prober, co-head of Akin Gump’s congressional investigations practice, and fellow partner Karen Christian spoke with Law360 for the article “Coronavirus Q&A: Akin Gump Partners On Virus Relief Probes.” The two addressed what the public should expect from congressional oversight as the COVID-19 pandemic continues as well as what those subject to investigations can do to prepare as the House Select Subcommittee on the Coronavirus Crisis, tasked with overseeing the $2.2 trillion CARES Act, launches investigations into the government’s handling of the funds.

Prober began by stating that there is a feeling of urgency on the investigative side that he has not felt previously. Congressional investigators and committee counsel, he said, “know they are on a limited clock to get these investigations done and get them done thoroughly” before the end of this Congress.

Christian added that the personal nature of the pandemic has only increased the motivation that members of Congress have “to try to get answers and be participating and speaking about it, which makes things move at a speed they might not otherwise move when it’s a different topic.”

Responding to a question about whether investigations will continue after the close of this Congress, Prober said it is “quite certain that COVID-related investigations will be with us for years to come,” whether it is through a reauthorization of the select subcommittee or through traditional standing committees.

Christian then addressed the focus of the investigations, observing that in the run-up to an election, members will try to “examine whether the administration made the right moves in responding to the pandemic.” In addition, she said there will likely be a focus on “where the money is going and if it is actually spent consistently with Congress’ intent.”

Prober and Christian also discussed some of the advice they are giving to clients who have received CARES Act funding and possibly facing an investigation by Congress or other government authorities, their role if a client is questioned and some of the challenges of virtual hearings.

To read the entire Q&A, please click here.