PolicyBrief
S. 121
119th CongressJan 16th 2025
Recover Fraudulent COVID Funds Act
IN COMMITTEE

The "Recover Fraudulent COVID Funds Act" extends the statute of limitations to 10 years for criminal and civil actions regarding fraud related to pandemic-era programs and funding, allowing more time to recover misused funds.

James Lankford
R

James Lankford

Senator

OK

LEGISLATION

Fraudsters Beware: New Bill Extends Deadline to 10 Years for COVID Relief Fund Crackdown

The "Recover Fraudulent COVID Funds Act" is pretty straightforward: it gives the government more time to hunt down and prosecute anyone who ripped off COVID-19 relief programs. Instead of the usual 5-year limit for most federal offenses, prosecutors now have a full decade to bring charges. This applies to both criminal cases and civil actions, like trying to seize property bought with ill-gotten gains.

Time on Their Side

This bill is all about extending the statute of limitations – basically, the deadline for filing charges. The government realized that uncovering complex financial fraud can take serious time, and the old deadlines might let some scammers off the hook. This new 10-year window applies to a whole bunch of pandemic-era laws, including the CARES Act, the Paycheck Protection Program, and the American Rescue Plan Act (SEC. 2). So, if someone lied to get a PPP loan or siphoned off funds meant for hospitals, the feds have more time to build a case.

Real-World Consequences

Imagine a small business owner who inflated their payroll numbers to get a bigger PPP loan. Or a company that claimed relief funds but never actually used them for their intended purpose. Under the old rules, the clock might have been ticking down. Now, investigators have double the time to dig into these cases. This could mean more fraudsters are held accountable, and more stolen money is potentially recovered. It also means an individual could be investigated for something that happened several years ago, and may no longer have ready access to records or clear recollections, making defense more challenging.

For the average taxpayer, this is about fairness. If you played by the rules, it's frustrating to see others cheat the system. This bill sends a message that pandemic-era fraud won't be tolerated, even if it takes years to uncover. The bill explicitly overrides existing shorter statutes of limitations found in laws like the Tariff Act of 1930 and parts of Title 31 of the U.S. Code, which deals with money and finance (SEC. 2). This means that even if those older laws had a shorter time limit, this new 10-year rule applies to COVID-related fraud.

Looking Ahead

While extending the statute of limitations seems like a no-brainer for catching crooks, it's worth noting that investigations stretching over many years can become more complex. Evidence can get lost, memories fade, and it can be harder to prove intent. The challenge for the government will be to use this extra time wisely, focusing on solid cases and ensuring fair treatment for those accused. The bill's ultimate success will depend on how effectively agencies like the Department of Justice and the Small Business Administration use this extended timeframe to pursue justice and recover taxpayer dollars.