Source: United States Department of Justice Criminal Division
The Justice Department announced today that Five Point Enterprises LLC (5PE) has agreed to pay the United States $2,049,159 to resolve allegations that it submitted false claims to the Department of Veterans Affairs (VA) for educational assistance benefits under the Post-9/11 Veterans Educational Assistance Act of 2008 (Post-9/11 GI Bill). Until 2021, 5PE was a for-profit company based in Austin, Texas, that operated vocational schools across the country offering non-college degree programs to students, including veteran students, under a franchise agreement with New Horizons Inc.
“The Post-9/11 GI Bill educational assistance benefits are part of our promise to the brave women and men who have served our country,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “Today’s settlement demonstrates our commitment to safeguarding the integrity of this important program.”
“My office is committed to protecting the integrity of our federal programs and the education benefits military veterans and their families have earned by serving this country,” said U.S. Attorney Jaime Esparza for the Western District of Texas. “We and our partners stand ready to hold accountable those who take advantage of them through fraudulent practices.”
The Post-9/11 GI Bill provides educational assistance benefits for eligible veterans and members of the armed services who enroll in qualified education or training programs. The VA restricts the number of veterans that schools may enroll in their courses, requiring that no more than 85% of students enrolled in a course have all or part of their tuition, fees, or other charges paid for them by the school or the VA. This is known as the “85/15 Rule.” The 85/15 rule ensures that educational institutions offer quality programs with a substantial number of non-supported students enrolled, which weeds out any institutions that survive only by the influx of federal benefits. For veteran students properly enrolled in a course, the VA pays the actual net cost for tuition and fees charged by the school after it has applied any scholarships, waivers, grants or other assistance designed to defray the cost of tuition and fees, which is known as the “Last Payer Rule.” The government contends that, between 2015 and 2020, 5PE knowingly enrolled Post-9/11 GI Bill funded veterans in courses at 20 New Horizons franchises across the country where 85% or more of the students were already veterans or supported students, in violation of the 85/15 Rule, and failed to report to the VA the tuition reductions it provided to veterans, in violation of the Last Payer Rule. As a result, the government contends that 5PE submitted false claims for educational assistance benefits to the VA and false certifications of compliance with the Post-9/11 GI Bill’s requirements material to those false claims.
“This settlement demonstrates that violations of Post-9/11 GI Bill benefits regulations will not be tolerated,” said Acting Special Agent in Charge Molly King of the Department of Veterans Affairs Office of Inspector General (VA OIG) Northwest Field Office. “The VA OIG will continue to work with our law enforcement partners to protect the integrity of VA’s education benefits program.”
The Civil Division’s Commercial Litigation Branch, Fraud Section and the U.S. Attorney’s Office for the Western District of Texas handled the matter. VA OIG provided substantial assistance in the investigation.
Senior Trial Counsel Christopher Wilson of the Civil Division and Assistant U.S. Attorney Thomas A. Parnham Jr. for the Western District of Texas handled the matter.
The claims asserted against defendants are allegations only. There has been no determination of liability.