Source: Office of United States Attorneys
LAFAYETTE, La. – Acting United States Attorney Alexander C. Van Hook announced that the United States has obtained consent or default judgments in five civil fraud lawsuits alleging the individuals obtained loans for fictitious companies or fictitious self-employment under the Paycheck Protection Program (“PPP”). The defendants named in the lawsuits are Antoinette Kennedy, Andre Lane, Dieudonne Nlend, Tracey Thompson and Rashinda Harris. These defendants obtained forgiveness of their loans in violation of the False Claims Act. This litigation resulted in judgments in favor of the United States in the total amount of $138,413.72.
The PPP was an emergency loan program established by Congress in March 2020 under the Coronavirus Aid, Relief and Economic Security (“CARES”) Act and administered by the Small Business Administration (“SBA”). The PPP was created to provide forgivable loans to support small businesses struggling to pay employees and other business expenses during the COVID-19 pandemic. When applying for PPP loans, borrowers were required to certify that they were eligible for the requested loan and that the information provided in the loan application was true and accurate. To receive forgiveness, borrowers were required to submit signed loan forgiveness applications and documents containing certain information and certifications.
The case involving defendant Kennedy began in May 2024 when agents began investigating a fraudulent PPP loan received by her. Investigators with the Army Criminal Investigation Unit learned that Kennedy had no business, business income, or business expenses as she falsely stated on her application for the PPP loan. Their investigation further revealed that Kennedy had learned about a scheme on Instagram and obtained loans on her own behalf and prepared the false paperwork. The government filed a complaint to recover damages and civil penalties under the False Claims Act for PPP funds which Kennedy received which she was not entitled to. A default judgment was obtained by the United States against Kennedy in the amount of $48,813.72.
Thompson and Harris were small business owners and allowed someone to assist them with the creating of their false PPP loan applications. Their applications exaggerated the amount of business income that each of them actually had. Both defendants were responsible for submitting false loan applications and received PPP loans to which they would have not been entitled to receive. Similarly, Lane was self-employed and submitted a false self-employment income claim. Lane’s application exaggerated his self-employment income. A settlement was reached with each of these three defendants, and consent judgments were obtained by the United States in the amounts of $23,516, $23,415, and $23,435, respectively.
During the investigation of Dieudonne Nlend, agents interviewed him, and he admitted to falsifying self-employment income amounts. Nlend told agents that he used the proceeds from the PPP loan to assist a family member with a medical issue in another country. A consent judgment in the amount of $19,234 was obtained by the United States against Nlend.
“The United States Attorney’s Office will use every tool at our disposal – to include civil litigation – to root out fraud, waste, and abuse of taxpayer money,” said Acting U.S. Attorney Alexander C. Van Hook. “We are proud to work with our law enforcement partners to hold these wrongdoers accountable.”
The resolutions obtained were the result of a coordinated effort between the Civil Division of the U.S. Attorney’s Office, Small Business Administration’s Office of Inspector General, and for certain defendants, the Department of Army Criminal Investigation Division. The cases were handled by Assistant U.S. Attorney Melissa L. Theriot.
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