For physicians, laboratory owners, health care executives, marketers, and billing professionals, the case carries an important warning:

A Medicare billing investigation can become a federal criminal case.

The September 17, 2026 announcement from the U.S. Attorney’s Office for the Northern District of Georgia involves both civil False Claims Act allegations and a related federal criminal prosecution.

If federal agents, HHS-OIG investigators, or prosecutors are asking questions about your Medicare billing, laboratory testing, physician orders, marketing arrangements, or compensation agreements, the time to develop a defense strategy is before charges are filed—not after an indictment.

DOJ Alleges $13.7 Million in Improper Medicare Laboratory Payments

The United States filed a False Claims Act complaint against former Capstone Diagnostics executives Jay Johnson and Austin Whiles, along with associated entities.

Johnson served as Capstone’s Chief Operating Officer and Chief Executive Officer. Whiles served as Chief Sales Officer and Vice President of Business Development.

According to DOJ, the defendants allegedly participated in two schemes between 2019 and 2021 that caused Medicare to reimburse approximately $13.7 million for genetic and respiratory pathogen panel testing that the government contends was not medically necessary.

These are allegations. The civil defendants have the right to contest the government’s claims, and the criminal charges against Johnson remain pending.

But the case illustrates the aggressive investigative theories federal authorities may use when scrutinizing laboratory billing.

Genetic Testing at Churches and Religious Conferences

The first alleged scheme involves genetic testing performed at church-sponsored health fairs and religious conferences.

DOJ alleges that attendees were swabbed for genetic testing and that large amounts of testing were subsequently billed to Medicare even though treating physicians had not requested the tests.

According to the government’s allegations, physician names, signatures, standing orders, and other paperwork were used without authorization to make the tests appear properly ordered and medically necessary.

For laboratories and health care providers, these allegations highlight several issues that frequently become central to federal investigations:

• Who actually ordered the test?
• Did the ordering provider determine that the test was medically necessary for the individual patient?
• Who selected the diagnosis codes?
• Were standing orders permissible and properly documented?
• Did sales or marketing personnel participate in the ordering process?
• Were physician signatures copied, reused, or electronically applied?
• Did compensation depend on testing volume?
• Did anyone receive payment for referrals?

These questions can determine whether the government views a case as a compliance problem, a False Claims Act matter, or a potential criminal fraud prosecution.

COVID-19 Testing and Respiratory Pathogen Panels

DOJ’s second alleged scheme involves COVID-19 testing performed for senior living communities.

According to the government, Capstone allegedly added respiratory pathogen panels to COVID-19 tests requested by senior communities, increasing Medicare reimbursement.

Federal authorities allege that this involved community-wide or chain-wide standing orders, copied physician signatures, standardized diagnosis codes, orders entered by sales personnel instead of treating providers, and unlawful remuneration allegedly paid in violation of the federal Anti-Kickback Statute.

Those allegations have not been proven.

But they illustrate an increasingly important issue in federal health care investigations: the government may examine the entire process by which a reimbursable test was generated—not merely whether the laboratory actually performed the test.

A Billing Problem Is Not Automatically Health Care Fraud

This distinction is critical.

An incorrect Medicare claim does not automatically establish criminal fraud.

Medicare and Medicaid billing rules are extraordinarily complicated. Billing disputes can arise from coding mistakes, documentation deficiencies, employee errors, medical-necessity disagreements, billing company mistakes, misunderstood guidance, software problems, or competing interpretations of reimbursement requirements.

Criminal health care fraud requires more than simply showing that Medicare should not have paid a claim.

In a criminal case, the government must prove the required criminal intent.

That makes the evidence concerning knowledge and intent extremely important.

Experienced federal defense counsel may examine:

• What the client actually knew about the billing practice;
• Who developed the challenged procedure;
• Whether compliance personnel approved or questioned it;
• What physicians and medical personnel understood;
• Whether outside consultants or billing companies provided advice;
• Whether Medicare guidance was clear at the relevant time;
• Whether employees departed from company policies;
• Whether potentially unfavorable communications have an innocent context;
• Whether the government’s statistical or billing analysis accurately reflects individual claims; and
• Whether prosecutors can actually prove that a particular defendant knowingly participated in a fraudulent scheme.

The difference between a reimbursement dispute and a federal felony can turn on these issues.

The Government Is Following the Money

The DOJ announcement also alleges significant financial transactions.

According to the government, Johnson transferred millions of dollars allegedly derived from the schemes to his former wife. DOJ further alleges that Whiles secretly routed approximately $4.75 million in volume-based commissions from independent marketers to himself.

Financial evidence frequently becomes a major component of federal health care fraud investigations.

Investigators may subpoena or seize:

Bank accounts. Emails. Text messages. Marketing agreements. Compensation records. Physician orders. Patient records. Billing data. Electronic health records. Corporate records. Tax returns. Cell phones. Computers. Tax returns are especially useful in their investigations as tax fraud can be another potential charge in these type of cases.

Still, the government may then attempt to use those records to construct a narrative about who knew what and who financially benefited. It is crucial to not co-mingle business funds with personal funds in these types of situations.

These are reasons why retaining defense counsel early is so important. We work together with you and begin an independent analysis of the situation as early as possible.

Anti-Kickback Allegations Can Turn a Civil Investigation Into a Criminal Case

The federal Anti-Kickback Statute creates particularly serious exposure for health care providers and businesses receiving federal program reimbursement.

The statute generally prohibits knowingly and willfully offering, paying, soliciting, or receiving remuneration to induce or reward referrals involving items or services reimbursable by federal health care programs.

Marketing arrangements can receive heightened scrutiny when compensation is tied to testing volume, collections, referrals, or federal health care program business.

A questionable compensation arrangement may expose individuals and companies to multiple theories of liability, including:

Anti-Kickback Statute violations, False Claims Act liability, health care fraud, wire fraud, conspiracy, and exclusion from federal health care programs.

The precise facts matter. Legitimate marketing and compensation arrangements exist, and the existence of a payment does not itself establish a criminal kickback.

The Same Investigation Can Produce Civil and Criminal Cases

The Capstone matter demonstrates how civil and criminal health care enforcement can overlap.

DOJ reports that Johnson was separately indicted by a federal grand jury in December 2025 on charges of:

• Conspiracy to commit health care and wire fraud;
• Health care fraud;
• Wire fraud;
• Conspiracy to receive and pay kickbacks; and
• Payment of kickbacks in connection with a federal health care program.

Those charges are pending. An indictment is an accusation, not evidence of guilt, and Johnson is presumed innocent unless and until proven guilty.

For anyone involved in a federal health care investigation, however, the parallel proceedings demonstrate why it can be dangerous to assume that an investigation is “only civil.”

Statements made during a civil investigation can potentially have consequences in a criminal investigation.

The Investigation Started With a Whistleblower

The case also demonstrates the power of the False Claims Act’s qui tam, or whistleblower, provisions.

According to DOJ, former Capstone laboratory manager Jesse Allen filed the underlying False Claims Act lawsuit. The federal government subsequently intervened in the case on September 4, 2026.

Employees and former employees can possess enormous amounts of information about a health care company’s billing practices, compliance procedures, internal communications, and corporate decision-making.

An employment dispute or internal compliance complaint can therefore develop into something much larger:

A whistleblower complaint. A Civil Investigative Demand. An HHS-OIG investigation. A federal grand jury investigation. And, potentially, a criminal indictment.

Has the FBI or HHS-OIG Contacted You?

One of the most important decisions in a federal investigation may occur before anyone has been charged.

Federal agents sometimes approach executives, physicians, employees, marketers, and other witnesses unexpectedly and ask to “just ask a few questions.”

You are not required to navigate that encounter alone.

If agents want to interview you about Medicare billing, health care claims, laboratory testing, kickbacks, physician referrals, or another potential federal offense, speaking with experienced federal criminal defense counsel before participating in an interview can be critical.

The same is true if you receive:

• A federal grand jury subpoena;
• A Civil Investigative Demand;
• An HHS-OIG subpoena;
• A search warrant;
• A request for billing or patient records;
• A Medicare payment suspension;
• A target letter;
• A request for an FBI interview; or
• Information that employees or business partners are being questioned.

Do not assume that receiving a subpoena means you are merely a witness.

Your lawyer can contact the prosecutor or investigating agency, determine what information can be obtained about your status, evaluate potential exposure, preserve favorable evidence, and develop a strategy before critical decisions are made.

Frequently Asked Questions About Federal Health Care Fraud Investigations

What should I do if the FBI or HHS-OIG wants to interview me?

Before agreeing to an interview, consider speaking with a federal criminal defense attorney.

Statements to federal investigators can become important evidence in a later prosecution. Even when the underlying conduct is not criminal, knowingly making a materially false statement to federal investigators can itself create potential criminal exposure.

Counsel can communicate with investigators, obtain available information concerning the investigation, prepare you for an interview when appropriate, or advise you whether participating is in your interests.

Does receiving a federal grand jury subpoena mean I am under investigation?

Not necessarily.

A subpoena may be issued to a witness, records custodian, subject, target, company, physician, laboratory, or other person possessing relevant evidence.

But a subpoena should never be ignored.

An experienced federal defense attorney can review its scope, communicate with prosecutors, determine whether responsive material raises additional concerns, and evaluate whether the subpoena provides clues about the government’s investigative theory.

Can Medicare billing errors lead to criminal charges?

They can, but a billing error is not automatically a crime.

The critical issues often include what happened, who was responsible, what the defendant knew, and whether prosecutors can prove the required fraudulent intent.

A strong defense may require detailed analysis of individual claims, Medicare rules, medical records, coding decisions, corporate responsibilities, and communications among providers, laboratories, billing personnel, and marketers.

What is the difference between the False Claims Act and criminal health care fraud?

The False Claims Act is primarily a civil enforcement statute that allows the government to pursue false or fraudulent claims for federal funds and potentially obtain substantial damages and penalties.

Criminal health care fraud involves criminal prosecution and can expose a defendant to imprisonment, fines, restitution, forfeiture, and other consequences.

The same underlying conduct can sometimes generate both civil and criminal investigations.

Can a kickback allegation become a criminal case?

Yes.

The federal Anti-Kickback Statute contains criminal provisions. Federal prosecutors may investigate compensation arrangements involving physicians, marketers, laboratories, pharmacies, durable medical equipment companies, telemedicine providers, and other participants in federal health care programs.

Whether an arrangement violates the law depends on the specific facts and applicable statutory and regulatory requirements.

What if my billing company submitted the claims?

Using a third-party billing company does not necessarily end the inquiry.

The government may investigate what information was provided to the billing company, who selected codes, who established billing protocols, what executives knew, whether concerns were raised, and how responsibilities were allocated.

At the same time, evidence showing that a client reasonably relied on professionals, lacked knowledge of improper billing, or did not participate in challenged decisions may be highly relevant to the defense.

When should I hire a federal health care fraud lawyer?

Ideally, before speaking with federal investigators or producing potentially sensitive materials in response to a subpoena.

Pre-indictment representation can give defense counsel an opportunity to understand the government’s theory, identify weaknesses in the allegations, preserve evidence, investigate witnesses, analyze claims data, address potentially misleading information, and advocate for the client before prosecutors make a charging decision.

Under Federal Investigation? Contact Conaway & Strickler Before You Talk to Investigators.

When the Department of Justice, FBI, HHS-OIG, or a U.S. Attorney’s Office begins investigating health care fraud, the consequences can extend far beyond repayment of disputed Medicare claims.

Your business, professional license, assets, reputation, and freedom may all be at stake.

Conaway & Strickler, P.C. represents individuals and businesses in complex federal criminal investigations and prosecutions in Atlanta, throughout Georgia, and across the United States.

Our federal criminal defense attorneys represent physicians, health care professionals, business owners, executives, laboratories, marketers, and other individuals facing government investigations involving Medicare fraud, Medicaid fraud, health care fraud, the Anti-Kickback Statute, False Claims Act allegations, wire fraud, conspiracy, and related federal offenses.

If you have received a subpoena, been contacted by federal agents, learned that your employees or business associates are being interviewed, or believe that you may be the subject or target of a federal health care investigation, do not wait for an indictment to begin building your defense.

Contact Conaway & Strickler, P.C. to speak with an experienced federal criminal defense attorney about protecting your rights and developing a strategy before critical decisions are made.

We all know that when we fly out from the airport, we have to have our luggage checked, and we’ll have to pose inside full-body scanners. Perhaps because of these measures, people may believe that their rights related to search and seizure do not apply in airports. Moreover, people may believe that, should they be stopped by federal or state police without cause, they have no way to fight for their rights.

The short answer is, that’s not right – you still have rights, even in an airport. That said, your rights are altered when in an airport. Here, we discuss a few of the nuances about airport searches, and offer some tips for travel.

What are the rules for airport searches?

Depending on where you are, the rules shift some for how airport searches work, exactly. That’s because while the United States Supreme Court has passed some rulings related to airport searches, many of the decisions which control airport searches are determined on the circuit level. Which circuit will apply depends on where the airport is.

No matter where you are, the United States Supreme Court has stated that your Fourth Amendment rights do still exist in airport, in cases such as Torres v. Puerto Rico and United States v. Place. However, every circuit has recognized that there are some exceptions which apply to airports, and these allow some of the searches you might already be used to; searches at airport security checkpoints (think TSA) are fine. Many circuits consider these “administrative searches” which put simply are searches which are okay if they are for specific purposes and remain limited in scope.

In the Eleventh Circuit – which is the Circuit that Georgia, Florida, and Alabama are in – the Court has stated that passengers in search areas, even if they withdraw their consent, can be searched. In United States v. Herzbrun, a man trying to board a plane, who voluntarily entered an airport security checkpoint, could not revoke his consent. In other words, if you go into a security line at the airport in the Eleventh Circuit, the airport is allowed to scan your things, and you cannot back out once you start.

That said, if police want to search your luggage, they will need probable cause – that is, they need reason to believe that a crime was committed, and evidence of that crime will be found in your luggage. Police may require a warrant to search your things, but they are allowed to detain your luggage to wait for a warrant once they have probable cause, seen in United States v. Place.

What if you’re flying in, rather than out?

This depends on where you are flying in from. If you are arriving from another place in the United States, your rights are the same as ever. However, if you fly in on an international flight,  the rules apply to you as if you were crossing the border, which means the United States may have expanded search capabilities.

Once again, the exact laws which will apply depend on the circuit you are in. In the Eleventh Circuit, we use the rule established under United States v. Pulido, which asks whether there is statutory authority for Customs and Border Patrol to make a search, and then if there are constitutional concerns that apply to the search.

Right now, there is a case pending at the Eleventh Circuit asking whether or not Fourth Amendment protections apply to electronics when brought in internationally. (That case, if you are interested, is United States v. Tunick.) However, if you are flying in to somewhere in the Eleventh Circuit – again, Georgia, Florida, and Alabama – you may be automatically subject to a search of your phone even without suspicion, depending on the outcome of the case.

What can I do if I am getting ready to fly?

Take a couple easy steps when flying to ensure you minimize legal trouble:

• Check airport rules, and check your luggage. Make sure you don’t bring anything that could get you into trouble. If you’re flying internationally, make sure you aren’t bringing contraband that could get you in trouble flying out or flying in – a few years ago, several Americans were detained in Turks & Caicos for having brought bullets.  And currently, there is a Georgia man in the news who accidentally had ammunition in his bag in Jamaica. 
• Double check your electronics. Make sure there is nothing compromising on your electronics which could get you in trouble, should they be searched.
• If you are stopped, remain courteous with airport authorities. Do not offer reasons they could use to detain or search you further.
• If airport authorities seek to search your bags outside of a security checkpoint, do not consent to a search. Make sure your denial of consent is audible, and if possible, make sure there is a witness to the search. If police search your things without your consent, do not physically stop them. Simply make your refusal to consent known, make sure the search is witnessed, and take careful notes of the circumstances of the search.

What do I do if I’ve been illegally searched?

If you believe you have been illegally searched at an airport, contact us. Conaway & Strickler, PC may be able to help you determine if you have been illegally searched, and if there are any ways to vindicate your rights.

*Guest post written by Andrew Paul Smith, future Emory Law 2027 graduate

What type of charges are considered Healthcare fraud?

Providers who are alleged to have engaged in fraud and abuse are subject to sanctions under a number of Federal and State laws. Sanctions under Federal law, for example, can take the form of administrative, civil, and criminal penalties. These penalties range from monetary fines and damages to prison time and exclusion from the Federal health care programs, including Medicaid. Becoming familiar with common types of fraud, will better position providers to ensure they are not involved in such conduct. Providers will also be better equipped to identify and report others who may be engaged in fraud. Allegations can include: Medical Identity Theft, Billing for Unnecessary Services or Items, Billing for Services or Items Not Furnished, Upcoding, Kickbacks, False Claims, among others. A non exhaustive list of recent enforcement actions can be found here.

What are common federal medicare fraud charges?

Healthcare Fraud (18 USC §1347)
Aggravated Identity Theft (18 USC §1028(A)
Wire Fraud (18 USC §1343)
Money Laundering (18 USC §§1956 and 1957)
Conspiracy (18 USC §371)

Please see here for some recent criminal actions. Medicare fraud prosecutions continue to be the focus of various task forces throughout the country.

What are the five most important Federal fraud and abuse laws that apply to physicians?

1. False Claims Act (FCA) 31 U.S.C. § § 3729-3733
2. The Anti-Kickback Statute (AKS) 42 U.S.C. § 1320a-7b(b)
3. The Physician Self-Referral Law (Stark law) 42 U.S.C. § 1395nn
4. The Exclusion Authorities 42 U.S.C. § 1320a-7
5. The Civil Monetary Penalties Law (CMPL) 42 U.S.C. § 1320a-7a

What is the NPDB?

The National Practitioner Data Bank is a web-based repository of reports containing information on medical malpractice payments and certain adverse actions related to health care practitioners, providers, and suppliers. Established by Congress in 1986, it is a workforce tool that prevents practitioners from moving state to state without disclosure or discovery of previous damaging performance. If a negative report about a physician
is made to the National Practitioner Databank, for example, the physician is greatly affected.

We work with the government to try and negotiate on the language and terms that will be reported to the National Practitioner Databank. We hope to provide as much clarity on the facts surrounding the matter that led to the suspension that is being reported.

What is the OIG LEIE?

The OIG LEIE is the List of Excluded Individuals and Entities, a database maintained by the U.S. Department of Health and Human Services (HHS) Office of Inspector General. It lists healthcare professionals and organizations banned from participating in or billing federally funded healthcare programs like Medicare and Medicaid.

OIG’s LEIE provides information to the health care industry, patients and the public regarding individuals and entities currently excluded from participation in Medicare, Medicaid and all other Federal health care programs. Individuals and entities who have been reinstated are removed from the LEIE. The federal government gives a wonderful FAQ page to answer basic questions about the exclusions list.

Search the federal list here and the state of Georgia here.

Conaway & Strickler, PC has experienced healthcare attorneys ready to help with any further questions. Contact us at any time to get answers on your matter.

“The False Claims Act imposes treble damages and penalties on those who knowingly and falsely claim money from the United States or knowingly fail to pay money owed to the United States. The False Claims Act thus safeguards government programs and operations that provide access to medical care, support our military and first responders, protect American businesses and workers, help build and repair infrastructure, offer disaster and other emergency relief, and provide many other critical services and benefits.”  Settlements and judgments under the False Claims Act exceeded $6.8 billion in the fiscal year ending Sept. 30, 2025, Deputy Attorney General Todd Blanche and Assistant Attorney General Brett A. Shumate, head of the Justice Department’s Civil Division announced in mid January of 2026. Healthcare fraud dominated recoveries, with approximately $5.7 billion of the total $6.8 billion tied to healthcare-related matters that included managed care, prescription drugs, and medically unnecessary services.

In addition, relators also set a new record with 1,297 new qui tam suits filed, breaking FY 2024’s record of 980 qui tam suits and nearly doubling the average number of new qui tam suits during FY 2010 to FY 2023.

it is important for clients to make sure your compliance programs are designed to mitigateFCA risk. Please contact us, we are here to help whether it is the beginning of an investigation, on the eve of trial, at the appellate stage or during settlement discussions.

“As alleged, these defendants exploited the COVID-19 pandemic to develop and carry out a $100 million scheme to defraud taxpayers and provide easy access to Adderall and other stimulants for no legitimate medical purpose,” said Attorney General Merrick B. Garland. These arrests mark the DOJ’s 1st criminal drug distribution prosecutions related to prescribing via telemedicine, the agency said.

Conaway & Strickler represent healthcare providers in fighting against allegations such as these by agencies such as the DOJ, HHS-OIG, FBI, Georgia Medicaid Fraud Control Units and cases nationwide. We have litigated federal healthcare cases in NJ, NY, LA, FL, TX and GA. We also represent healthcare providers in medical and professional licensing board matters as well.

Remember, physicians have to report issues to their professional liability carrier, insurers, etc. AND to the Georgia Composite Board. Thus, it is important to contact us immediately when an agent comes knocking asking “for just a few files” or “just a few questions”. Do not go it alone.

Once the search warrant is signed by the judge, the search warrant will be executed. Generally, the government will work to execute the warrant with local law enforcement officials. The search can take hours, and often times, questioning will occur at the same time. NEVER SPEAK TO LAW ENFORCEMENT at this juncture without a lawyer. This interview at your home or office is often recorded by body cam, audio, and other video devices. It can be difficult to get those statements excluded at trial for a variety of reasons.

After the execution of the search warrant, a copy of the search warrant inventory will be left, and it will list out exactly what was seized. In the case of the execution of the search warrant for Donald Trump, there is a search warrant, sworn affidavit, and application filed, but it is under seal. Mr. Trump also received a search warrant inventory. Hopefully, these documents will be released to the public sooner than later.

For more information on search warrants, see here,

For more blogs on this topic, see here.

But now, the DOJ, IRS, SEC etc are shifting their focus to more complex investigations. We have clients where the government is scrutinizing every aspect of the loan application such as

-was the box checked stating that you only had one entity

-were the necessity calculations correct

-were the payroll calculations correct

-was there an EIDL advance?

-was number of employees not correct due to using 1099s?

When applying for a PPP loan, you sign and certify that “the funds will be used to retain workers and maintain payroll; or make payments for mortgage interest, rent, utilities, covered operations expenditures, covered property damage costs, covered supplier costs, and covered worker protection expenditures as specified under the Paycheck Protection Program Rules; I understand that if the funds are knowingly used for unauthorized purposes, the federal government may hold me legally liable, such as for charges of fraud.”

The SBA is now auditing every loan worth over $2 million. Since you certify on the loan application: “I understand that loan forgiveness will be provided for the sum of documented payroll costs, covered mortgage interest payments, covered rent payments, covered utilities, covered operations expenditures, covered property damage costs, covered supplier costs, and covered worker protection expenditures, and not more than 40% of the forgiven amount may be for non-payroll costs. If required, the Applicant will provide to the Lender and/or SBA documentation verifying the number of full-time equivalent employees on the Applicant’s payroll as well as the dollar amounts of eligible expenses for the covered period following this loan.” It is easy for the government to try and not forgive the loan/pursue a civil judgement/pursue criminal charges.

Criminal charges can include:

18 USC § 1001 false statements

18 USC § 1014 loan fraud

18 USC § 1344 bank fraud

18 USC § 1341 mail fraud

18 USC § 1343 wire fraud

But also can include

18 USC § 1028A aggravated identity theft

Tax charges

Forfeiture SEC enforcement actions

(Please see, for example, Parallax SEC Complaint)

The government can also use the False Claims Act to enforce settlements relating to PPP loan issues. In January 2021, the DOJ announced its first civil settlement stemming from PPP loan fraud against SlideBelts, Inc., a California company who agreed to pay $100,000 in damages and penalties for making a misrepresentation in its application about its involvement in a bankruptcy proceeding among other things.

If the bank is asking a lot of questions about your PPP loan or application for forgiveness, or if the situation has been referred to the fraud department, call and seek a legal consultation with us here at Conaway & Strickler or contact us here.

The Department of Justice (DOJ) has already charged and convicted many cases of PPP loan fraud. But, the purpose of this post is that, recently, the DOJ announced the first (publicized) civil settlement resolving PPP loan fraud allegations against a company and its owner. The owner and SlideBelts, Inc was required to pay a $100k civil penalty per FIRREA civil penalty provision 12 USC 1833a and the False Claims Act (FCA) 31 USC 3729 in the Eastern District of California. The DOJ continues to be aggressive and swift in bringing criminal charges, but, this is the first public civil settlement. Please see https://www.justice.gov/usao-edca/press-release/file/1352931/download to read it in its entirety. The SlideBelts loan application for $350k was misleading as to whether or not the company was in bankruptcy. This means that each and every box checked/information provided was scrutinized. The bank reviewed the application and still paid the loan but then the DOJ argued that the PPP loan application was false and misleading. In this case, SlideBelts worked with law enforcement and the bankruptcy court to acknowledge the issue and worked to settle the case without criminal charges. Claims made by PPP loan borrowers can and will continue to be scrutinized by the DOJ. And even in the absence of clear false statements, it is becoming increasingly clear that the DOJ is investigating and auditing PPP Loan cases. SBA continues to audit applications, especially those over $2 million. If you are unclear whether you need assistance with your loan or PPP or EIDL loan application or if you are being investigated, call federal criminal lawyers, Conaway & Strickler, PC