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1 Complaint Against United States Small Business Administratio (No. 1:26-cv-04362)

Summary

A Freedom of Information Act complaint filed May 26, 2026, by Insider, Inc. and John Newsham against the U.S. Small Business Administration in the U.S. District Court for the Southern District of New York, No. 1:26-cv-04362. It concerns a March 12, 2026 request, SBA-2026-001530, for records identifying Shuttered Venue Operators Grant recipients that received a "Notice of Amount Due" from June 2025. The complaint states that the SBA denied the request on April 1, 2026 under Exemptions 4 and 6, and that the appeal decision of May 21, 2026 affirmed the withholding while relying on Exemptions 7(A), 7(C) and 7(E). It asks the court to declare the records non-exempt and order their release within twenty business days. The signature block names Christopher Bix Bettwy and Maryanne Stanganelli.

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“1 Complaint Against United States Small Business Administratio (No. 1:26-cv-04362).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/1-complaint-against-united-states-small-business-administratio-cec35f53fe/, SHA-256 9e7f2f4282e98178e7415ecf2810526e81f8f70073150ae2ea94c04e3efd7b1c.

Full text

        Case 1:26-cv-04362-MKV               Document 1      Filed 05/26/26      Page 1 of 5




                            UNITED STATES DISTRICT COURT
                           SOUTHERN DISTRICT OF NEW YORK

INSIDER, INC. & JOHN NEWSHAM

                               Plaintiffs,
                                                                      No. 1:26-cv-04362
       v.

UNITED STATES SMALL BUSINESS                                           COMPLAINT
ADMINISTRATION,
                               Defendant


                                         INTRODUCTION

       Plaintiffs Insider, Inc. and John Newsham, by their undersigned attorneys, allege:

       1.       This is an action under the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552,

et seq., for declaratory, injunctive, and other appropriate relief.

       2.       By this action, plaintiffs seek to compel defendant U.S. Small Business

Administration (“SBA”) to release records sufficient to identify recipients of Shuttered Venue

Operators Grants (“SVOG”) that received Notices of Amount Due.

       3.       The distribution and subsequent clawback of pandemic-relief funds have been the

subject of substantial public concern, including concerns about administrative overpayments,

arbitrary agency demands, and the fairness of recovery efforts in the SVOG program. The public

has a significant interest in understanding how SBA is identifying, pursuing, and recovering

allegedly improper SVOG payments.




COMPLAINT - 1
        Case 1:26-cv-04362-MKV            Document 1       Filed 05/26/26      Page 2 of 5




                                             PARTIES

       4.       Plaintiff Insider, Inc. publishes Business Insider—a news website focused on

business, technology, and innovation available at https://www.businessinsider.com—and is

headquartered in this judicial district at One Liberty Plaza, 8th Floor, New York, New York, 10006.

       5.       Plaintiff John Newsham (“Jack Newsham”) is an employee of Insider, Inc. and a

correspondent at Insider. He works in Insider’s New York, NY bureau.

       6.       Defendant SBA is a federal government agency within the meaning of 5 U.S.C.

§ 552(f)(1) that has possession and control of the information sought by plaintiffs.

                                 JURISDICTION AND VENUE

       7.       This Court has subject-matter jurisdiction over this action and personal jurisdiction

over the defendant pursuant to 28 U.S.C. § 1331 and 5 U.S.C. § 552(a)(4)(B).

       8.       Venue is proper in this district under 5 U.S.C. § 552(a)(4)(B).

                                              FACTS

                                           The Request

       9.       On March 12, 2026, plaintiff Newsham, acting in his capacity as a reporter for

Insider, Inc., submitted the following FOIA request (the “Request”) to SBA via email to

FOIA@sba.gov:

                Please provide records sufficient to identify the 600+ SVOG grantees that
                have received a "Notice of Amount Due" from June 2025 to the date of
                fulfillment of this request. See these 2 articles for background information:

                https://www.jdsupra.com/legalnews/sba-continues-to-demand-
                unwarranted-7383044/

                https://www.pilieromazza.com/svog-alert-sba-demands-supplemental-
                documents-from-grant-recipients-who-appealed-sbas-decision-to-rescind-
                their-svog-grants/.


COMPLAINT - 2
        Case 1:26-cv-04362-MKV           Document 1        Filed 05/26/26     Page 3 of 5




A true and correct copy of the Request is annexed as Exhibit A. The Request was assigned number

SBA-2026-001530.

       10.      By letter dated April 1, 2026, and sent the same day via email, SBA replied to

plaintiffs’ Request, denying it in full. SBA explained that it was withholding all responsive

documents pursuant to FOIA Exemption 4, 5 U.S.C. § 552(b)(4), and Exemption 6, id. §552(b)(6).

It opined that releasing responsive documents “would unnecessarily cause an invasion of personal

privacy” that would outweigh any benefit to public interest. The initial determination did not

explain why Exemption 4 was applicable. A true and correct copy of the defendant’s response to

the Request is annexed as Exhibit B.

       11.      On April 17, 2026, plaintiffs timely appealed.

                                     Administrative Appeal

       12.      By letter dated April 14, 2026, and sent via mail the same day and by email on April

17, 2026, to Oreoluwa Fashola, FOIA Officer, plaintiffs administratively appealed SBA’s denial

of the Request (the “Appeal”). A true and correct copy of the plaintiffs’ email and the attached

Appeal and its exhibits, is annexed as Exhibit C.

       13.      On April 17, 2026, via email, Mr. Fashola acknowledged receipt of the Appeal and

assigned it tracking number SBA-2026-001892. A true and correct copy of this email is annexed

as Exhibit D.

       14.      By letter dated May 21, 2026, and sent the same day via email, Mr. Fashola replied

to plaintiffs’ Appeal, affirming the agency’s initial determination to withhold the records in full

on modified grounds. In the decision, SBA conceded that Exemption 4 does not protect the fact of

the existence of a debt dispute, and that Exemption 6 does not apply to the corporate and business

entities that make up the vast majority of SVOG grantees. The appeal decision cited and relied

COMPLAINT - 3
         Case 1:26-cv-04362-MKV             Document 1     Filed 05/26/26      Page 4 of 5




primarily on Exemptions 7(A), 7(C) and 7(E), 5 U.S.C. § 552(b)(7)(A), (C) & (E). A true and

correct copy of SBA’s appeal determination is annexed as Exhibit E.

        15.     The identities of all SVOG grantees are already a matter of public record. Because

the relevant grantees are already aware that they have received a Notice of Amount Due, the SBA

cannot demonstrate any foreseeable harm or risk of interference with an administrative process by

disclosing a list of their identities to the public.

        16.     Plaintiffs, through Newsham’s request made in his capacity as a reporter for Insider,

Inc., have now exhausted all applicable administrative remedies.

                                               CLAIM
                             (Failure to Disclose Non-Exempt Records)

        17.     Plaintiffs repeat, re-allege, and reincorporate the allegations in the foregoing

paragraphs as though fully set forth herein.

        18.     SBA is subject to FOIA and must therefore disclose upon request any non-exempt

records in its possession at the time of the request and must provide a lawful reason for withholding

any information as to which it is claiming an exemption.

        19.     Plaintiffs identified with reasonable specificity records within the custody and

control of SBA that they wish to inspect.

        20.     Plaintiffs exhausted all applicable administrative remedies.

        21.     SBA has wrongfully withheld responsive agency records in full.

        22.     SBA has failed to carry its burden to justify withholding the requested records under

any FOIA exemption.

        23.     SBA has failed to disclose all reasonably segregable, non-exempt portions of

responsive records.


COMPLAINT - 4
        Case 1:26-cv-04362-MKV           Document 1        Filed 05/26/26     Page 5 of 5




       24.      SBA has not shown that disclosure of the requested records, or reasonably

segregable portions thereof, would foreseeably harm an interest protected by any FOIA exemption.

       25.      Accordingly, plaintiffs are entitled to an order compelling SBA to produce the

records requested and all reasonably segregable, non-exempt portions thereof.

                                     RELIEF REQUESTED

WHEREFORE, plaintiffs respectfully request this Court to:

       1.       Declare that the information requested by plaintiffs is non-exempt and must be

                disclosed pursuant to 5 U.S.C. § 552;

       2.       Order SBA to disclose the requested records, including all reasonably segregable,

                non-exempt portions thereof, within twenty business days of the Court’s order;

       3.       Enjoin defendant from charging plaintiffs any fees for processing their request;

       4.       Award plaintiffs the costs of this proceeding, including reasonable attorneys’ fees,

                as expressly permitted by FOIA; and

       5.       Grant such other and further relief as the Court deems just and proper.

Dated this 26th day of May, 2026.



                                                  Respectfully submitted
                                                  INSIDER, INC.


                                                   Christopher Bix Bettwy
                                                   Maryanne Stanganelli
                                                   Insider, Inc.
                                                   One Liberty Plaza, Eighth Floor
                                                   New York, NY 10006
                                                   Email: bbettwy@businessinsider.com

                                                   Counsel for Plaintiffs


COMPLAINT - 5


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