Source: United States Department of Justice Criminal Division
Yosef Y. Manela, a Los Angeles-based businessman who owns and operates an accounting firm, law firm and consulting company, has paid $802,341.40 to the United States to resolve allegations that he and his three companies violated the False Claims Act in connection with six loans the businesses received under the Paycheck Protection Program (PPP). Manela and his companies also agreed to repay the lender for all outstanding PPP loans, relieving the Small Business Administration (SBA) of liability to the lender for the federal guaranty of approximately $728,000.
The PPP, an emergency loan program established by Congress in March 2020 under the Coronavirus Aid, Relief and Economic Security (CARES) Act and administered by the SBA, was intended to support small businesses struggling to pay employees and other business expenses during the COVID-19 pandemic. A borrower applying for a PPP loan was required to make multiple certifications that the borrower was eligible for the requested loan and the borrower would not receive another PPP loan. The borrower was also required to certify that the funds would be used for qualifying expenses, such as payroll, lease payments, utilities and other allowable business expenses. In December 2020, Congress approved funding for a “second draw” of PPP loan funds, which became available to borrowers beginning in January 2021.
The United States alleged that Manela and his companies received a total of six first and second draw PPP loans based on duplicative payroll expenses for multiple businesses and/or on behalf of non-existent employees. According to the United States, Manela and his companies made capital distributions of business profits to Manela’s family members that were falsely characterized as wages in PPP loan applications and forgiveness applications. The United States alleged that these false loan and forgiveness applications resulted in losses to the SBA for processing fees, interest and payment to the lender on a loan guarantee.
“PPP loans were intended to provide critical relief to small businesses facing difficult economic times due to the COVID-19 pandemic,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “The Justice Department is committed to pursuing those who improperly sought to enrich themselves at the expense of the PPP or other pandemic-assistance programs.”
“Every taxpayer dollar lost to unscrupulous individuals during the COVID-19 pandemic is money that failed to reach businesses struggling for survival,” said U.S. Attorney Martin Estrada for the Central District of California. “It is important that we uphold the integrity of pandemic-related assistance programs.”
“The favorable settlement in this case is the product of enhanced efforts by federal agencies such as the Small Business Administration working with the Department of Justice, SBA’s Office of Inspector General and other Federal law enforcement agencies, to address fraud on the PPP,” said General Counsel Therese Meers of the SBA.
The civil settlement includes the resolution of claims brought under the qui tam or whistleblower provisions of the False Claims Act by Relator LLC, a limited liability corporation formed by California attorneys Anoush Hakimi and Peter Shahriari. Under those provisions, a private party can file an action on behalf of the United States and receive a portion of any recovery. The qui tam case is captioned U.S. ex rel. Relator LLC v. Yosef Y. Manela et al., Case No. 2:22-cv-04781-MWF-ASx (CDCA). Relator LLC will receive approximately $80,000 as its share of the total settlement.
The resolution obtained in this matter was the result of a coordinated effort between the Civil Division’s Commercial Litigation Branch, Fraud Section, and U.S. Attorney’s Office for the Central District of California, with assistance from the SBA’s Office of General Counsel and Office of the Inspector General.
Trial Attorney Allie Pang of the Civil Division’s Commercial Litigation Branch, Fraud Section, and Assistant U.S. Attorney Paul La Scala for the Central District of California handled the matter, with the assistance of Civil Division Investigator Wanda Wesley and Paralegal Heather Beckler for the Central District of California. Sandra Mazzoni, of the SBA’s Office of Inspector General, also provided investigative assistance.
On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Justice Department in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The task force bolsters efforts to investigate and prosecute the most culpable domestic and international actors committing civil and criminal fraud and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the department’s response to the pandemic, please visit www.justice.gov/coronavirus.
Tips and complaints from all sources about potential fraud affecting COVID-19 government relief programs can be reported by visiting the webpage of the Civil Division’s Fraud Section, which can be found here. Anyone with information about allegations of attempted fraud involving COVID-19 can also report it by calling the Justice Department’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
The claims resolved by the settlement are allegations only. There has been no determination of liability.