Mobile Programming LLC, a Wyoming corporation with its principal place of business in California, and A-1 Technology, Inc, a Delaware corporation with its principal place of business in New York, have agreed to pay $2,353,391.06 to resolve allegations that they improperly obtained Paycheck Protection Programme loans from the U.S. Small Business Administration for which they were not eligible.
PPP was an emergency loan program established by Congress in March 2020 under the Coronavirus Aid, Relief, and Economic Security Act, and administered by the SBA.
The programme was created to support small businesses and to help them continue to pay employees and meet other business expenses during the COVID-19 pandemic.
A second round of loans was authorised in early 2021.
To be eligible for these Second Draw PPP loans, a business was required to certify that it had no more than 300 employees, including employees of all domestic and foreign affiliates.
Mobile Programming applied for and received a $1,326,949 Second Draw PPP loan. A-1 Technology applied for and received a $184,287 Second Draw PPP loan.
On their respective Second Draw loan applications, Mobile Programming and A-1 Technology certified that they, together with their affiliates, had fewer than 300 employees.
Mobile Programming and A-1 Technology subsequently applied for (and ultimately received) forgiveness of their Second Draw loans.
However, Mobile Programming and A-1 Technology, together with their domestic and foreign affiliates, had more than 300 employees.
U.S. Attorney Benjamin L. Wallace announced the settlement. Assistant United States Attorney Claudia L. Pare handled the case.
The civil settlement includes the resolution of claims brought under the qui tam or whistleblower provisions of the False Claims Act.
Under those provisions, a private party—known as a relator—can file an action on behalf of the United States and receive a portion of any recovery. In this case, the relator will receive a share of the settlement.
On April 7, the Department of Justice announced the creation of the National Fraud Enforcement Division.
The Fraud Division is investigating and prosecuting those who commit fraud against the American people.