The relator’s bar is using AI tools and algorithmic approaches to comb over public data released by the Small Business Administration (SBA) to identify potential False Claims Act (FCA) cases to bring against companies that received Paycheck Protection Program (PPP) loans during the pandemic. These data miners are examining public data to try to locate viable cases. A main theory under study is that the companies were ineligible for the PPP loans because, for example, they employed more than 500 employees (or 300 employees for second draw PPP loans) when their affiliates’ employees are added to the headcount or some other publicly available arguably disqualifying condition. There are several ways a company targeted by these data miners can address the issue.

Pipeline of PPP FCA Cases

The Department of Justice’s (DOJ) own FCA reporting underscores the scale of the pandemic-relief pipeline. In its fiscal year 2025 FCA roundup, DOJ reported more than 200 pandemic-related FCA settlements and judgments totaling more than $230 million. These numbers reflect a minor downturn in resolved cases; in the fiscal year 2024 FCA roundup, DOJ reported more than 250 pandemic-related FCA settlements and judgments totaling more than $250 million. We understand anecdotally that a flood of AI-generated cases may be clogging the machinery of government inside DOJ thereby impacting the efficient disposal of meritless cases and active investigation of viable cases.

The PPP program was designed...

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