United States' Notice of Election to Partially Intervene for Purpose of Settlement as to Kabbage, Inc. — Berteletti v. Kabbage

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The United States' Notice of Election to Partially Intervene for Purpose of Settlement as to Kabbage, Inc. in United States of America ex rel. David Berteletti v. Kabbage, Inc., Kabbage Payments LLC and Does 1-50, 20-CV-12114-GAO, U.S. District Court for the District of Massachusetts, filed May 7, 2024 as Document 45. Under the False Claims Act, the United States intervenes solely to settle with Kabbage, Inc., stating that the government, the wind down officer administering Kabbage's estate and the relator executed a settlement agreement effective May 7, 2024 that resolves the action as to Kabbage. The parties will file a joint notice of dismissal once the government pays the relator's share. Under the court's May 1, 2024 order the case is unsealed, and the government asks that this notice and related filings be made public; /s/ Brian M. LaMacchia.

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UNITED STATES DISTRICT COURT 
DISTRICT OF MASSACHUSETTS 
___________________________________  
 
 
 
 
 
 
) 
UNITED STATES OF AMERICA ex rel. 
) 
DAVID BERTELETTI, 
 
 
) 
 
 
 
 
 
 
)  
 
 
 
 
 
 
Plaintiff, 
)  
 
 
 
 
 
 
 
)  
 
v.  
 
 
 
 
 
) 
 
20-CV-12114-GAO 
 
 
 
 
 
 
) 
 
 
KABBAGE, INC., 
 
 
 
) 
 
 
KABBAGE PAYMENTS LLC, 
 
) 
 
FILED UNDER SEAL 
AND DOES 1-50, 
 
 
 
) 
 
 
 
 
 
 
 
 
) 
Defendants. 
) 
 
 
 
 
 
 
) 
 
UNITED STATES’ NOTICE OF ELECTION TO PARTIALLY  
INTERVENE FOR PURPOSE OF SETTLEMENT AS TO KABBAGE, INC. 
 
 
Pursuant to the False Claims Act, 31 U.S.C. § 3730(b)(2) and (4), the United States 
notifies the Court of its decision to intervene in this action solely for the purposes of settlement 
with the defendant Kabbage, Inc. (“Kabbage”).   
The United States, the wind down officer administering the estate of Kabbage, and the 
relator executed a settlement agreement effective May 7, 2024 (“Settlement Agreement”), which 
resolves this False Claims Act action as to Kabbage.  The parties will file promptly a Joint 
Notice of Dismissal as to Kabbage pursuant to the settlement agreement, once the United States 
has made a settlement payment to the relator required by the settlement agreement.   
 
In accordance with the Court’s Order on May 1, 2024 [ECF No. 44], upon filing of this 
Notice of Election to Partially Intervene, the case is unsealed, and the government requests that 
only this Notice, the relator’s Complaint, relator’s Notice of Partial Voluntary Dismissal as to 
Kabbage Payments LLC and Does 1-50, and all future filings shall be made available on the 
public docket. 
Case 1:20-cv-12114-GAO     Document 45     Filed 05/07/24     Page 1 of 2

2 
 
Dated:  May 7, 2024  
 
 
 
Respectfully submitted, 
 
BRIAN M. BOYNTON 
 
 
JOSHUA S. LEVY 
Principal Deputy Assistant Attorney General 
Acting United States Attorney 
 
 
 
 
 
 
 
 
 
/s/ Brian M. LaMacchia 
 
 
JAMIE A. YAVELBERG 
 
 
 
BRIAN M. LAMACCHIA 
COLIN M. HUNTLEY 
 
 
 
DIANE C. SEOL 
SARAH E. LOUCKS  
 
 
 
Assistant United States Attorneys 
Attorneys, Civil Division  
 
 
 
1 Courthouse Way, Ste. 9200 
United States Department of Justice   
 
Boston, MA 02210 
P.O. Box 261, Ben Franklin Station   
 
Phone: (617) 748-3100 
Washington, DC 20044 
 
 
 
brian.lamacchia@usdoj.gov  
Phone: (202) 616-2921 
 
 
 
diane.seol@usdoj.gov  
Sarah.E.Loucks@usdoj.gov  
 
CERTIFICATE OF SERVICE 
 
 
I certify that the foregoing document was served on the relator’s counsel, by electronic 
mail at the address below (with the relator’s assent to electronic service), on the below date: 
 
Michael A. Lesser, Esq. 
Evan R. Hoffman, Esq.  
Thornton Law Firm LLP 
One Lincoln Street, 13th Floor 
Boston, MA 02111 
(Tel.): 617-720-1333 
(Fax): 617-720-2445 
E-mail: mlesser@tenlaw.com 
E-mail: ehoffinan@tenlaw.com 
 
 
 
Dated: May 7, 2024  
 
 
/s/ Brian M. LaMacchia 
 
 
Assistant U.S. Attorney 
 
 
Case 1:20-cv-12114-GAO     Document 45     Filed 05/07/24     Page 2 of 2

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