Subsidiary of Chinese State-Owned Entity to Pay $14.2M to Resolve False Claims Act Allegations Relating to Paycheck Protection Program Loan

Source: United States Department of Justice Criminal Division

YAPP USA Automotive Systems Inc., a corporation with its principal place of business in Michigan, has agreed to pay $14,208,496 to resolve allegations that it violated the False Claims Act by submitting false claims to obtain a Paycheck Protection Program (PPP) loan for which it was not eligible.

Congress created the PPP in March 2020 to provide emergency financial assistance to Americans suffering from the economic effects of the COVID-19 pandemic. Under the PPP, eligible businesses could receive forgivable loans guaranteed by the Small Business Administration (SBA). Regulations provide various eligibility requirements for the PPP, including limitations on the number of employees and exclusions for certain types of businesses, like those that are owned by government entities. In their loan applications, borrowers were required to certify that they were eligible for the PPP and that the information they provided was accurate.

YAPP USA’s ultimate parent company is State Development and Investment Corp. Ltd, a company owned and controlled by the People’s Republic of China. Through common ownership and management, YAPP USA is affiliated with dozens of other companies worldwide. In applying for a first-draw PPP loan, YAPP USA represented that it was eligible for the PPP, and it received a first-draw PPP loan in the amount of $9,598,462, which the SBA later forgave. The United States alleged that YAPP USA was not eligible under the SBA rules for a PPP loan because YAPP USA, singly and together with its affiliates, employed more individuals than permitted by SBA’s size standard for its industry. The United States also contended that YAPP USA was not eligible because it is owned by a government entity. YAPP USA will pay $14,208,496 to the United States to resolve these allegations.

YAPP USA cooperated with the United States’ investigation by identifying individuals involved in or responsible for the conduct and disclosing facts and documents gathered during YAPP USA’s own investigation. As a result, YAPP USA received credit under the department’s guidelines for taking disclosure, cooperation and remediation into account in False Claims Act cases.

“PPP loans were intended to help small businesses in the United States,” said Deputy Assistant Attorney General Michael D. Granston of the Justice Department’s Civil Division. “The Department remains committed to pursuing those who violated the requirements of this taxpayer funded program.”

“Congress and the SBA designed the PPP to help small businesses and their employees during the pandemic, not large companies owned by foreign governments,” said Acting U.S. Attorney Richard G. Frohling for the Eastern District of Wisconsin. “This settlement demonstrates that our office will continue to hold accountable those businesses and individuals who abused this vital program.”

“The favorable settlement in this case is the product of enhanced efforts by federal agencies such as the SBA working with the Department of Justice, SBA’s Office of Inspector General, and other Federal law enforcement agencies, as well as private individuals who uncover fraudulent conduct to recover the product of this fraud as well as penalties,” said SBA General Counsel Wendell Davis.

The civil settlement includes the resolution of claims brought under the qui tam or whistleblower provisions of the False Claims Act, which permit private parties to file an action on behalf of the United States and receive a portion of any recovery. The qui tam lawsuit was filed by GNGH2 Inc; GNGH2 Inc. will receive $1,420,849 in connection with this settlement.

The resolution obtained in this matter was the result of a coordinated effort between the Justice Department’s Civil Division, Commercial Litigation Branch, Fraud Section, and the U.S. Attorney’s Office for the Eastern District of Wisconsin, with assistance from the SBA’s Office of General Counsel and Office of the Inspector General.

Trial Attorney Lindsey Roberts of the Justice Department’s Civil Division and Assistant U.S. Attorney Michael Carter for the Eastern District of Wisconsin handled the matter, with assistance from Christopher J. McClintock of the SBA.

The claims resolved by the settlement are allegations only. There has been no determination of liability.

Florida Man Sentenced for Dog Fighting

Source: United States Department of Justice Criminal Division

Jose Miguel Carrillo, of Spring Hill, Florida, was sentenced yesterday to 84 months in prison after pleading guilty to conspiring to violate the dog fighting prohibitions of the federal Animal Welfare Act and being a felon in possession of a firearm.

According to court filings, Carrillo conspired with others to purchase, acquire, and breed dogs for use in dog fights. Carillo also staged dog fights at his home and traveled to dog fights in Massachusetts, Florida, and Connecticut.

A June 2023 search warrant was executed at Carrillo’s home and led to the seizure of 10 pit bull-type dogs, most of which were later adopted by new owners, as well as a firearm and ammunition. Carrillo also possessed dog fighting paraphernalia including a bloodstained dog fighting box, a skin stapler, syringes, and injectable veterinary medications.

“To its core, dog fighting is a cruel and criminal exploitation of animals for entertainment,” said Principal Deputy Assistant Attorney General Adam Gustafson of the Justice Department’s Environment and Natural Resources Division. “Today’s sentence sends a strong deterrent message that the Justice Department will vigorously prosecute these cases.”

“Exploiting and endangering the welfare of animals for personal gain is cruel and abhorrent,” said Acting U.S. Attorney Sara C. Sweeney for the Middle District of Florida. “Because of the hard work of our law enforcement partners, justice was served.”

“The Office of Inspector General is committed to working with all of our law enforcement and prosecutorial partners in pursuing individuals who choose to participate in animal fighting activities and engage in violations involving animal welfare, while also committing other serious offenses in our communities,” said Special Agent in Charge Charmeka Parker of the U.S. Department of Agriculture’s Office of Inspector General (USDA-OIG).

To report animal fighting crimes, please contact your local law enforcement or the USDA-OIG’s complaint hotline at: usdaoig.oversight.gov/hotline or 1-800-424-9121.

The USDA-OIG; Bureau of Alcohol, Tobacco, Firearms, and Explosives; Pasco County (Florida) Sheriff’s Office and the Fitchburg (Massachusetts) Police Department investigated the case. Assistance was provided by the U.S. Marshals Service, Massachusetts State Police, New Hampshire State Police, Animal Rescue League of Boston’s Law Enforcement Division, U.S. Coast Guard Investigative Service, Homeland Security Investigations and U.S. Customs and Border Protection.

Senior Trial Attorney Matthew T. Morris of the Environment and Natural Resources Division’s Environmental Crimes Section and Assistant U.S. Attorneys Erin Favorit and Tiffany Fields for the Middle District of Florida prosecuted the case. Trial Attorney Caitlyn Cook of the Environment and Natural Resources Division’s Wildlife and Marine Resources Section assisted with the transfer of the seized dogs to new owners. 

Security News: Florida Man Sentenced for Dog Fighting

Source: United States Department of Justice 2

Jose Miguel Carrillo, of Spring Hill, Florida, was sentenced yesterday to 84 months in prison after pleading guilty to conspiring to violate the dog fighting prohibitions of the federal Animal Welfare Act and being a felon in possession of a firearm.

According to court filings, Carrillo conspired with others to purchase, acquire, and breed dogs for use in dog fights. Carillo also staged dog fights at his home and traveled to dog fights in Massachusetts, Florida, and Connecticut.

A June 2023 search warrant was executed at Carrillo’s home and led to the seizure of 10 pit bull-type dogs, most of which were later adopted by new owners, as well as a firearm and ammunition. Carrillo also possessed dog fighting paraphernalia including a bloodstained dog fighting box, a skin stapler, syringes, and injectable veterinary medications.

“To its core, dog fighting is a cruel and criminal exploitation of animals for entertainment,” said Principal Deputy Assistant Attorney General Adam Gustafson of the Justice Department’s Environment and Natural Resources Division. “Today’s sentence sends a strong deterrent message that the Justice Department will vigorously prosecute these cases.”

“Exploiting and endangering the welfare of animals for personal gain is cruel and abhorrent,” said Acting U.S. Attorney Sara C. Sweeney for the Middle District of Florida. “Because of the hard work of our law enforcement partners, justice was served.”

“The Office of Inspector General is committed to working with all of our law enforcement and prosecutorial partners in pursuing individuals who choose to participate in animal fighting activities and engage in violations involving animal welfare, while also committing other serious offenses in our communities,” said Special Agent in Charge Charmeka Parker of the U.S. Department of Agriculture’s Office of Inspector General (USDA-OIG).

To report animal fighting crimes, please contact your local law enforcement or the USDA-OIG’s complaint hotline at: usdaoig.oversight.gov/hotline or 1-800-424-9121.

The USDA-OIG; Bureau of Alcohol, Tobacco, Firearms, and Explosives; Pasco County (Florida) Sheriff’s Office and the Fitchburg (Massachusetts) Police Department investigated the case. Assistance was provided by the U.S. Marshals Service, Massachusetts State Police, New Hampshire State Police, Animal Rescue League of Boston’s Law Enforcement Division, U.S. Coast Guard Investigative Service, Homeland Security Investigations and U.S. Customs and Border Protection.

Senior Trial Attorney Matthew T. Morris of the Environment and Natural Resources Division’s Environmental Crimes Section and Assistant U.S. Attorneys Erin Favorit and Tiffany Fields for the Middle District of Florida prosecuted the case. Trial Attorney Caitlyn Cook of the Environment and Natural Resources Division’s Wildlife and Marine Resources Section assisted with the transfer of the seized dogs to new owners. 

President Donald J. Trump Intends to Nominate Individuals to Key Posts at the Department of Justice

Source: United States Department of Justice Criminal Division

Today the Department of Justice is proud to announce President Trump’s intent to nominate John Eisenberg to serve as Assistant Attorney General for National Security, Brett Shumate to serve as Assistant Attorney General for the Civil Division, and Patrick Davis to serve as Assistant Attorney General for the Office of Legislative Affairs.

John Eisenberg (The National Security Division)

During President Trump’s first term, John served as the Legal Advisor to the National Security Council, Assistant to the President, and Deputy Counsel to the President for National Security Affairs. John has also served at the Department of Justice in several positions, including Associate Deputy Attorney General in the Office of the Deputy Attorney General and Deputy Assistant Attorney General in the Office of Legal Counsel. In addition to his government experience, John was also a partner at Kirkland & Ellis, where he focused on white-collar and internal-investigation matters as well as data-security issues.

John clerked for J. Michael Luttig of the United States Court of Appeals for the Fourth Circuit and Justice Clarence Thomas of the Supreme Court of the United States. He is a graduate of Yale Law School and Stanford University.

Brett Shumate (The Civil Division)

Brett presently serves as the Acting Assistant Attorney General for the Civil Division. Prior to rejoining the Department, Brett was a partner at Jones Day in Washington, D.C. He previously served at the Department as the Deputy Assistant Attorney General for the Federal Programs Branch in the Civil Division.

Brett clerked for Judge Edith H. Jones of the United States Court of Appeals for the Fifth Circuit. He is a graduate of Wake Forest University School of Law and Furman University.

Patrick Davis (The Office of Legislative Affairs)

This will be Patrick’s third stint with the Department of Justice. During President Trump’s first term, Patrick served in DOJ management as Deputy Associate Attorney General. Earlier in his career, he served as a trial attorney in the Federal Programs Branch of the DOJ’s Civil Division. On Capitol Hill, Patrick was the Deputy Chief Investigative Counsel for the Senate Judiciary Committee, where he led the Committee’s “Russiagate” investigation and was instrumental in the confirmation of Justice Brett Kavanaugh. He later served as the Chief Investigative Counsel for the House Permanent Select Committee on Intelligence.

Patrick rejoined the Department of Justice as the Acting Assistant Attorney General for the Office of Legislative Affairs. Prior to his return to the Department, he served as Senior Counsel at the American Petroleum Institute.

Patrick is a graduate of Georgetown University Law Center and the University of Nebraska.

Justice Department Sues to Shut Down Atlanta-Area Return Preparers

Source: United States Department of Justice Criminal Division

The Justice Department filed a complaint today in the U.S. District Court for the Northern District of Georgia seeking to bar three Atlanta-area tax return preparers from owning or operating a tax return preparation business and preparing federal tax returns for others, as well as to require the defendants to disgorge the fees they received for fraudulently prepared returns.

The civil complaint was filed against Mabika Ilunga; Simon Ilunga; Simon Ilunga Jr.; Mabilus Inc. doing business as Metro Insurance and Tax Service; Big Cheez Inc. doing business as Metro Insurance and Tax Service and SN Tax Services Inc. doing business as Metro Insurance and Tax Service. According to the complaint, the defendants prepared and filed tax returns that falsely understated their customers’ federal income tax liabilities by fabricating, among other things:

  • Businesses and related business expenses and losses;
  • Education and qualified electric vehicle credits;
  • Unreimbursed employee business expenses and
  • Dependents and filing status.

The defendants fabricated these items to inflate their customers’ refunds and increase their eligibility for the Earned Income Tax Credit.

According to the complaint, the defendants prepared thousands of tax returns for 2020 through 2023, and already prepared over 400 returns between the start of the 2025 filing season and today’s filing. The complaint alleges that the IRS reviewed income tax returns for 34 of the defendants’ customers and found that returns for 33 of those customers had errors that required an adjustment, often included without the customers’ knowledge or consent. As a result, the complaint alleges that the defendants have cost the United States lost tax revenue as well as the time and resources necessary to investigate the false returns. The complaint further alleges that the defendants harmed their customers who could potentially face large income tax debts and may be liable for penalties and interest.

The Justice Department’s Tax Division made the announcement.

Return preparer fraud is one of the IRS’ Dirty Dozen Tax Scams and taxpayers seeking a return preparer should remain vigilant. (More information can also be found here.) The IRS has information on its website for choosing a tax preparer, has launched a free directory of federal tax preparers, and offers information on how to avoid “ghost” tax preparers, whose refusal to sign a return should be a red flag to taxpayers. The IRS also has a checklist of things to remember when filing income tax returns in 2025.

In addition, IRS Free File, a public-private partnership, offers free online tax preparation and filing options on IRS partner websites for individuals whose adjusted gross income is under $84,000. For individuals whose income is over that threshold, IRS Free File offers electronical federal tax forms that can be filled out and filed online for free. The IRS has tips on how seniors and individuals with low to moderate income can get other help or guidance on tax return preparation, too.

In the past decade, the Tax Division has obtained injunctions against hundreds of unscrupulous tax preparers. Information about these cases is available on the Justice Department’s website. An alphabetical listing of persons enjoined from preparing returns and promoting tax schemes can be found this page. If you believe that one of the enjoined persons or businesses may be violating an injunction, please contact the Tax Division with details.