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Regions Bank Pays $4.9 Million Over PPP Loan Forgiveness Approval

Susan Stein 4 min read

Regions Bank has agreed to pay $4.9 million to resolve allegations that it approved forgiveness for a Paycheck Protection Program loan that was not eligible for forgiveness under federal rules.

According to the Justice Department, Regions Bank approved forgiveness of a PPP loan in August 2021 even though the government alleged the loan did not qualify under program rules. The government also claimed the bank improperly received SBA payments linked to the forgiveness decision.

Congress created the PPP under the CARES Act in March 2020 to provide emergency financial support to businesses affected by the COVID-19 pandemic. The SBA guaranteed the loans, while private lenders processed applications and forgiveness reviews. Borrowers could obtain full forgiveness if loan proceeds were used for qualifying payroll and operational expenses.

Why PPP Loan Forgiveness Decisions Still Create Legal Risk

Legal exposure tied to PPP loans does not necessarily end once a loan is approved or forgiven. In many cases, the forgiveness stage creates its own risks because lenders are responsible for reviewing borrower documentation and confirming whether program requirements were met.

Regions approved forgiveness of a PPP loan on or about Aug. 3, 2021, even though the government alleged the loan was not eligible for forgiveness under SBA rules. The government also alleged the bank improperly received SBA payments linked to the forgiveness approval.

The announcement does not accuse Regions of criminal conduct, and the matter was resolved through a civil settlement rather than criminal charges. Still, the case shows banks can face liability years after pandemic relief programs ended.

Prosecutors also claimed Regions improperly benefited from SBA payments linked to the forgiveness approval. The allegations do not centre on fake businesses or fabricated borrowers, but on whether the forgiveness decision should have been approved in the first place.

During the pandemic, banks were processing enormous volumes of emergency loan applications under intense time pressure. The settlement suggests federal authorities may continue examining whether lenders applied forgiveness rules properly and maintained adequate review procedures when approving claims for taxpayer-backed relief funds.

Banks Can Still Face PPP Enforcement Actions

The Regions settlement shows the Justice Department is still pursuing cases tied to pandemic-era lending programs years after the PPP ended.

Many PPP enforcement actions have targeted borrowers accused of using false payroll records, false tax documents or fabricated business information to obtain government-backed loans. This case is different because it focuses on the lender’s handling of the forgiveness process itself.

Assistant Attorney General Brett A. Shumate said the department remains committed to holding PPP lenders accountable when they fail to follow program requirements tied to loan forgiveness approvals.

The investigation involved multiple agencies, including the Justice Department’s Civil Division, the SBA Office of Inspector General and the Federal Deposit Insurance Corporation’s Office of Inspector General. The involvement of multiple federal agencies shows pandemic-related enforcement cases are still active years after the PPP ended.

Banks that handled PPP loans may still have to explain how forgiveness approvals were reviewed and signed off during the pandemic.

Many financial institutions processed enormous numbers of PPP applications in a short period of time while businesses were urgently seeking relief funds. Years later, federal authorities are still examining whether forgiveness approvals followed SBA requirements.

While settlements of this size may not materially affect large banks financially, enforcement actions connected to federal relief programs can still attract attention from regulators, investors and internal risk teams.

Banks Are Still Facing PPP Enforcement Cases

The federal government distributed hundreds of billions of dollars through pandemic relief programs during COVID-19. Years later, those programs are still creating legal problems for borrowers, lenders and the financial institutions that handled forgiveness approvals.

The Regions settlement shows that banks can still face enforcement action over how PPP forgiveness decisions were made, particularly if federal authorities believe SBA requirements were not properly followed.

During the pandemic, banks were expected to move relief money out quickly while still checking whether borrowers qualified for forgiveness under SBA rules.

Years later, the government is still bringing cases tied to how those approvals were handled. For banks, the concern is not limited to PPP loans. Any fast-moving government lending programme backed by taxpayer money can later bring questions about how applications were reviewed and approved.

More PPP Lending Cases Could Follow

Even though the PPP lending programme ended years ago, the government is still bringing cases tied to how loans and forgiveness approvals were handled.

Banks involved in PPP lending may now revisit how those approvals were reviewed and signed off during the pandemic, especially in situations where large amounts of government-backed money were distributed quickly.

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