Midwest Manufacturer To Pay Over $3.6 Million To Resolve Allegations It Received Paycheck Protection Program Loan In Violation Of Employee Size Rules

          GRAND RAPIDS – U.S. Attorney for the Western District of Michigan Mark Totten today announced that Exo-s US LLC, a manufacturing company with plants and offices located in Coldwater, Michigan, and Howe, Indiana, has agreed to pay $3,628,819.44 to resolve allegations that it violated the False Claims Act by falsely obtaining a Paycheck Protection Program (PPP) loan for which it was ineligible.

          “The Paycheck Protection Program provided important relief to eligible small businesses and other entities,” said U.S. Attorney Mark Totten. “Today’s resolution demonstrates our continued commitment to work with the Small Business Administration to protect taxpayer dollars and investigate allegations of fraud on critical government programs.”

          When Congress passed the Coronavirus Aid, Relief, and Economic Security (CARES) Act in 2020 and the American Rescue Plan Act (ARPA) in 2021, it enacted a program to provide emergency financial assistance to individuals and businesses suffering economic and public health effects caused by the COVID-19 pandemic. ARPA continued the CARES Act’s PPP loan program administered by the Small Business Administration (SBA), creating a second-draw PPP loan that allowed eligible businesses that had previously received a PPP loan to apply for a second loan.  One of the eligibility requirements for receiving this second-draw loan was that the applicant had no more than 300 employees, including employees of affiliated entities.

          In March 2021, Exo-s US LLC obtained a second-draw PPP loan, which the SBA subsequently forgave. The United States alleges that the company was not eligible for this loan because Exo-s US LLC and its affiliates had more than 300 employees.

          “The favorable settlement in this case is the product of enhanced efforts by federal agencies such as the Small Business Administration working with the U.S. Attorney’s Office, other federal law enforcement agencies, as well as financial institutions or private individuals who uncover misconduct to recover the lending program’s damages,” said Therese Meers, SBA General Counsel.

          The civil settlement includes the resolution of claims brought under the qui tam or whistleblower provisions of the False Claims Act against Exo-s US LLC. Under the qui tam provisions of the False Claims Act, a private party can file an action on behalf of the United States and receive a portion of the settlement or judgment. Here, the United States elected to take over the case, investigated it, and negotiated the settlement. The qui tam case is captioned U.S. ex rel. GNGH2 Inc. v. Exo-s US LLC, No. 1:24-cv-264 (W.D. Mich.).

          The resolution obtained in this matter was the result of a coordinated effort between the U.S. Attorney’s Office for the Western District of Michigan and the SBA. Assistant United States Attorney Andrew J. Hull investigated this case.

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

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