Case Type Number:
Statute (Common Name):
Small Business Act
Brief Description of Case Type:
These cases amount to efforts by the SBA to collect civil penalties against recipients of agency contracts, grants, loans, or cooperative agreements who use appropriated funds to engage in prohibited lobbying activities (i.e., using the money to influence agency officials or Congressional officials in connection with the award of a contract, grant, loan or cooperative agreement). See 13 CFR 146.100; see also 31 U.S.C. 1352. The SBA regulations describing this prohibition state, inter alia, that the SBA "shall impose and collect civil penalties pursuant to the provisions of the Program Fraud and Civil Remedies Act." 13 CFR 146.405. The regulations in 13 CFR Part 146 say nothing further about the prosecution of these cases. As PFCRA prosecutions are already included under this scheme, these lobbying cases are treated as another case type under the same adjudication scheme as the SBA's PFCRA cases.
Relief Available in Actions Filed by Agency:
Civil (Monetary) Penalty
Verified by Agency: