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TARP Certification Plan Means Banks May Face Scrutiny Under False Claims Law

By Matt Squire

Plans to have flailing financial institutions certify how they use bailout funds may leave the companies open to large fines under the False Claims Act, say legal experts. On January 22, Neil Barofsky, the U.S. Treasury's Special Inspector General for the $700 billion Troubled Asset Recovery Program (TARP), said that his office would begin requesting bailout recipients to certify their use of the funds and their compliance with executive compensation restrictions. Under the plan, the Treasury Department will request that financial institutions submit narratives on the expected use of TARP funds with supporting documentation, a description of the financial institution's...

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