The National Law Journal Publishes Article by Prober, Christian, Ross Examining Post-COVID Congressional Investigations Environment

“How to Prepare for Investigations Yet to Come in the Wake of the COVID-19 Pandemic,” an article by Akin Gump congressional investigations practice co-heads Rafi Prober and Steven Ross and partner Karen Christian, has been published by The National Law Journal.

The authors write that, though treatment of the sick, containment of the virus and assistance to affected individuals and businesses may be the federal government’s focus right now, “we can be certain that the CARES [Coronavirus Aid, Relief and Economic Security] Act will spark significant congressional investigations and oversight, which will likely play out through a number of channels.”

They use the aftermath of the 2008 global markets crash as a model for “some common threads that are likely to emerge,” including multiple committees in both houses of Congress convening dozens of oversight hearings on the industries that benefited from government stimulus laws and the creation of numerous oversight bodies to examine the assistance programs and funding they authorized.

The authors discuss audits and investigations by inspectors general, already authorized by CARES, and the possibility of additional investigative entries yet to be established.

They note that, “[g]iven the heightened investigative activity that is certain to come from Congress as well as from the other corners of the government, companies and their counsel would be well served to consider this reality as they determine how to use any funding or assistance they receive through CARES and as they communicate with executive branch agencies.” They close by writing that recognizing this reality will allow “companies receiving funding or assistance from federal stimulus programs to make better-informed decisions now and pave the way for more favorable outcomes in future investigations.”

To read the full article, please click here.

Contact Information

If you have any questions concerning this alert, please contact:

Raphael Adam Prober
Email
Washington, D.C.
+1 202.887.4319

Steven R. Ross
Email
Washington, D.C.
+1 202.887.4343

Karen Elizabeth Christian
Email
Washington, D.C.
+1 202.887.4265