Source: Office of United States Attorneys
ALEXANDRIA, Va. – Both Management Services, Inc., located in Virginia Beach, has agreed to pay $750,000 to settle False Claims Act allegations that it certified that it was eligible to receive first and second draw loans under the Paycheck Protection Program (PPP) for which it was not eligible.
The PPP offered loans to eligible small businesses for economic relief during the COVID-19 pandemic. Only businesses with fewer than 500 employees (or fewer than an industry-based size standard, if applicable) were eligible for PPP loans. Under the Small Business Administration’s “affiliation rules,” businesses under common ownership or control were required to add their employee counts together when determining their size for purposes of eligibility. The PPP allowed certain eligible borrowers that previously received a PPP loan to apply for a second draw PPP loan with the same general loan terms as their first draw PPP loan.
The settlement began with a lawsuit involving Both Management Services, Inc.’s second draw PPP loan, United States ex rel. Verity Investigation, LLC v. Both Management Services, Inc., , which was filed under the whistleblower provision of the False Claims Act.
The settlement resolves allegations that Both Management Services, Inc. obtained two PPP loans by falsely representing the total number of its employees and/or its affiliates’ employees. The United States alleged that Both Management Services, Inc. falsely certified it was eligible, on the date of both applications, to receive PPP loans and forgiveness.
This resolution was the result of a coordinated effort between the U.S. Attorney’s Office for the Eastern District of Virginia and the Small Business Administration.
The matter was handled by Assistant U.S. Attorney John E. Beerbower.
A copy of this press release may be found on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Case records may be found on PACER under case number 2:24-cv-474.
The civil claims settled are allegations only; there has been no determination of civil liability.