Manufacturing Company Settles Paycheck Protection Program Loan Fraud Allegations for $2.9 Million

NEWARK, NJ – A Delaware corporation with a place of business in Fairfield, New Jersey entered into a settlement agreement with the United States resolving allegations that the company violated the False Claims Act by applying for and receiving a Paycheck Protection Program (PPP) loan for which the company was not eligible, Senior Counsel Philip Lamparello announced.

According to the contentions of the United States in the settlement agreement:

Protech Powder Coatings, Inc. (“Protech Powder”) is a Delaware corporation with a place of business in Fairfield, New Jersey. Protech Powder is a subsidiary of the Protech Group, a Canadian company that manufactures and distributes paints, powder coatings, and specialty materials. During the period of March 12, 2021 to January 14, 2022, Protech Powder applied for and received PPP loan and loan forgiveness totaling $2,016,888 (including interest).

The United States contends that Protech Powder falsely certified eligibility to receive this second-draw PPP loan and loan forgiveness totaling $2,016,888 (including interest). The United States contends that Protech Powder knowingly made false statements, or caused false statements to be made, when it certified in its PPP loan application that it was eligible for a loan. At the time of its loan application, the United States contends that Protech Powder was not eligible to participate in the PPP because, inclusive of affiliates’ employees, Protech Powder exceeded applicable size standards. In addition, because of Protech Powder’s false statements on its loan application, the United States paid $60,000 in lender processing fees associated with the second-draw loan for which Protech Powder was ineligible.

In accordance with the terms of the settlement agreement, Protech Powder paid the United States $2,907,643. The settlement resolves a lawsuit filed under the whistleblower provision of the False Claims Act, which permits private parties, called relators, to file suit on behalf of the United States for false claims and share in a portion of the government’s recovery. In this matter, the relator is receiving $290,764 as the share in the recovery.

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 revenue size limits. In their loan applications, borrowers were required to certify that they were eligible for the PPP and that the information they provided was accurate.

Senior Counsel Lamparello credited the SBA’s Office of General Counsel for their assistance in this matter.

Assistant U.S. Attorney Susan J. Pappy of the Health Care Fraud and Opioids Enforcement Unit in Newark represents the government.

Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.

The qui tam case is captioned US ex rel. GNGH2, Inc. v Protech Powder Coatings, Inc., 24-cv-08805 (D.N.J.).

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

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Counsel for Protech Powder Coatings, Inc.: Mark A. Rush, K&L Gates LLP

Relator’s counsel: David Abrams, Esq.