DOJ's Evolving Use Of Data Analytics In Pursuing PPP Fraud

In early September and again last week Acting Assistant Attorney General Brian Rabbitt delivered public remarks highlighting the role of data analytics in DOJ's criminal enforcement efforts concerning fraud on the Paycheck Protection Program (PPP). The PPP is a key funding feature of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). By the time the PPP stopped accepted applications on August 8, banks and lenders had approved over 5.2 million loans totaling over $525 billion. By September, DOJ had already announced PPP-related fraud prosecutions against 57 individuals, often charging them in a criminal complaint rather than a grand jury indictment. In his various remarks, Rabbitt credited DOJ's rapid enforcement rollout to its public-private partnerships, its creation of a dedicated PPP enforcement team, and its "data-driven approach to investigation." Although Rabbitt did not detail DOJ's analytical methods, our review of the recent charging