Quaterly Report to the United States Congress July through September 2022
Summary
The Office of the Special Inspector General for Pandemic Recovery's Quarterly Report to the United States Congress for July through September 2022, its tenth, opening with a message from Special Inspector General Brian Miller. The message reports five audit attestation reviews of airlines that received CARES Act direct loans and asks Congress for a five-year extension beyond SIGPR's sunset date of 2025. The report summarizes a DoD Office of Inspector General report of September 20, 2022 on certifying businesses as critical to maintaining national security for section 4003 loans, and audits of Treasury's $700 million direct loan to YRC Worldwide, Inc. and of Mesa Airlines, Inc.'s $195 million direct loan. Its investigative table for the quarter lists 147 hotline complaints received and $118,330 in funds seized or forfeited.
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- Issuer
- Office of Inspector General
- Document type
- Order
- Date
- 2020-04-10
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“Quaterly Report to the United States Congress July through September 2022.”
Office of Inspector General, dated 2020-04-10. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2020-04-10-quaterly-report-to-the-united-states-congress-july-through-september-2022/
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OFFICE OF THE SPECIAL INSPECTOR GENERAL FOR PANDEMIC RECOVERY Quarterly Report to the United States Congress July through September 2022 i SPECIAL INSPECTOR GENERAL | PANDEMIC RECOVERY MESSAGE FROM THE SPECIAL INSPECTOR GENERAL FOR PANDEMIC RECOVERY I am pleased to present our tenth Quarterly Report to Congress. During this reporting period we conducted five audit attestation reviews of airlines that received direct loans under the Coronavirus Aid, Relief, and Economic Security (CARES) Act. These attestations showed that the airlines properly completed certifications to the Department of the Treasury (Treasury) for their loans to move on to the underwriting phase. This work is important because the taxpayer relies on air transport and expects their hard-earned dollars to be used as the CARES Act intended. In addition, we are currently conducting a significant number of investigations, more than 90% of which stem directly from our own proactive efforts. In particular, this quarter the Special Inspector General for Pandemic Recovery (SIGPR) Office of Investigations’ casework led to the guilty plea of a business owner who was alleged to have used funds from the Main Street Lending Program (MSLP), Economic Injury Disaster Loan (EIDL) program, and Paycheck Protection Program (PPP) for unauthorized purposes and for his own personal enrichment. I want to thank the auditors, special agents, attorneys and administrative staff of SIGPR, all of whom are professional public servants who share one goal—to protect the American people from fraud, waste and abuse. As I have noted in previous correspondence and other communications with Congress, in order for this work to continue, we are asking for a five-year extension beyond our sunset date of 2025. We need this time to see our investigations through to completion. Most loans within our jurisdiction mature in 2025, and should defaults then occur, without an extension, we will have sunsetted just when we are most needed. We at SIGPR will continue our mission and look forward to working with you in the future. Very respectfully, Brian Miller Special Inspector General for Pandemic Recovery REPORT TO CONGRESS | JULY – SEPTEMBER 2022 ii PROFILE ABOUT SIGPR is an independent organization within Treasury whose mission is to promote the economy, efficiency, effectiveness, and integrity of CARES Act funds and programs. SIGPR was established by section 4018 of the CARES Act with duties, responsibilities, and authority under the Inspector General Act of 1978. STAFFING AND BUDGET SIGPR continues to engage in staffing and recruitment efforts with an emphasis on mission critical occupations, i.e., special agents and auditors, in support of SIGPR’s Congressionally mandated mission. To date, SIGPR has 55 Full-Time Equivalent (FTE) employees. We continue to be judicious in the execution of our budget and look forward to being included in the annual appropriation process, which will allow SIGPR to more effectively plan and execute our efforts related to recruitment, acquisitions, and information technology. CONTENTS SIGPR OVERSIGHT Audits 1 Investigations 5 FINDINGS AND DEVELOPMENTS Direct Loans and Other Investments 9 1 SPECIAL INSPECTOR GENERAL | PANDEMIC RECOVERY SECTION 1 SIGPR OVERSIGHT SIGPR employs proactive efforts to detect and investigate fraud, waste, and abuse involving CARES Act funds and programs within SIGPR’s jurisdiction. Below is a summary of SIGPR’s activities during the reporting period: Audits The Office of Audits conducts audits and evaluations of loans and other investments made by Treasury under programs within SIGPR’s jurisdiction.1 Engagements During this quarter, the Office of Audits worked on several engagements related to the Direct Loan Program. This program was established under section 4003 of the CARES Act and authorized Treasury to provide loans, loan guarantees, and other investments to passenger air carriers and related businesses, cargo air carriers, and businesses critical to maintaining national security. Treasury made direct loans to 35 such businesses, providing them with liquidity to withstand losses incurred as a result of the coronavirus pandemic. Partnership with the Department of Defense Office of Inspector General As part of SIGPR’s ongoing review of Treasury’s administration of the Direct Loan Program created under the CARES Act, SIGPR partnered with the Department of Defense (DoD) Office of Inspector General to determine whether DoD officials adequately supported decisions when verifying and certifying businesses as critical to maintaining national security for loans under section 4003 of the CARES Act. The CARES Act made $17 billion available to make loans and loan guarantees for “businesses critical to maintaining national security.”2 Treasury subsequently created the National Security Loan Program (NSLP) and provided eligibility guidance.3 Businesses could be considered for NSLP loans if they met 1 See CARES Act § 4018(c)(1) 2 Pub. L 116-136 § 4003(b)(3) 3 Q&A: Loans to Air Carriers and Eligible Businesses and National Security Businesses (April 10, 2020). Available at https://home.treasury.gov/system/files/136/CARES-Airline-Loan-Support-Q-and-A-national-security.pdf SIGPR OVERSIGHT REPORT TO CONGRESS | JULY – SEPTEMBER 2022 2 certain criteria including, but not limited to, receiving a recommendation and certification from the Secretary of Defense or the Director of National Intelligence. The Secretary of Defense and the Deputy Secretary of Defense handled all certifications for the NSLP and signed memoranda to recommend and certify 20 businesses for the loan program based on analyses performed by the Office of the Under Secretary of Defense for Acquisition and Sustainment. Six of the 11 NSLP loans Treasury awarded went to businesses that received the certification from DoD. DoD Office of Inspector General issued its report on September 20, 2022.4 The report contained one finding with two accompanying recommendations. The finding stated that DoD officials did not adequately support their verifications that businesses held DX-priority contracts or top secret facility clearances. Additionally, DoD officials did not adequately support their recommendations to the Secretary and Deputy Secretary of Defense to certify businesses as critical to maintaining national security for loans under Section 4003 of the CARES Act.5 DoD Office of Inspector General recommended that the Deputy Assistant Secretary of Defense (Industrial Policy): 1. Perform an after-action review to document decisions, actions, best practices, and lessons learned when operating in a pandemic environment or other national emergency, in which the DoD is tasked to provide critical information and analysis to support decisions in a short timeframe; and 2. Develop and implement a standard operating procedure to retain documentation to support business decisions, when certifying data points to other federal agencies. DoD management responded to both recommendations with corrective actions, which were accepted by DoD Office of Inspector General. The corrective actions were completed by DoD on or before August 12, 2022. Independent Reviews of Direct Loan Validation Memoranda The Office of Audits issued five independent reviews of Validation Memoranda completed by Treasury.6 The Office of Audits has issued a total of 12 independent reviews to date. A Validation Memorandum is a document that Treasury created to confirm that a direct loan applicant had submitted all required documentation. Once a Validation Memorandum was completed, the relevant applicant could proceed to the loan underwriting process. The independent reviews determine whether the memoranda were properly completed according to Treasury’s Underwriting Guide. This effort helps the Office of Audits determine whether Treasury acquired all required documents from each applicant prior to approving funding from the Direct Loan Program. The Office of Audits identified minor discrepancies in the Validation Memoranda for Meridian Rapid Defense Group, Mesa Airlines, and SpinLaunch and no issues with the Validation Memorandum for Map Large or Republic Airways. The Office of Audits did not identify any material modifications that should be made to any of the Validation Memoranda. The results of these attestation reviews will be included 4 Audit of the DoD Certification Process for Coronavirus Aid, Relief, and Economic Security Act Section 4003 Loans Provided to Business Designated as Critical to Maintaining National Security (DODIG-2022-131, September 20, 2022) 5 DX‑priority contracts provide support to certain national defense and energy programs. 6 The independent reviews issued this quarter were for Validation Memoranda that Treasury completed for Map Large, Meridian Rapid Defense Group, Mesa Airlines, Republic Airways, and SpinLaunch. SIGPR OVERSIGHT 3 SPECIAL INSPECTOR GENERAL | PANDEMIC RECOVERY with the overall audit of the Direct Loan Program. Audit of Treasury’s Process for Approving Its Direct Loan to YRC Worldwide, Inc. In April 2022, the Office of Audits initiated an audit of Treasury’s process to gather and administer YRC Worldwide, Inc.’s application package prior to underwriting and approving its $700 million direct loan. The audit will determine if Treasury’s approval process followed the guidance set forth in the CARES Act, other regulations, and Treasury guidance. The audit will cover Treasury’s process from the date of the loan application, April 29, 2020, to the date that the final loan disbursement was made. Audit of Treasury’s Monitoring of the Direct Loan Program The Audit of Treasury’s Monitoring of the Direct Loan Program has two objectives. First, the Office of Audits will determine whether Treasury had a sufficient policy in place to guide its monitoring of the direct loans. Second, the Office of Audits will determine whether Treasury monitored borrowers’ compliance with the requirements of the CARES Act and the terms and conditions of the borrowers’ loan agreements, as well as whether Treasury followed up to resolve any issues that it detected. For this objective, the Office of Audits will test a sample of 17 of the 35 borrowers. To conduct its testing, the Office of Audits has met with Treasury program officials, reviewed Treasury’s monitoring portal (Salesforce), and obtained monthly reports from Treasury’s administrative agent. Audit of Direct Loan Program Borrower – Mesa Airlines, Inc. Mesa Airlines, Inc. received a $195 million direct loan from Treasury pursuant to section 4003(b)(1) of the CARES Act. The loan agreement includes covenants by the Mesa Airlines, Inc. to comply with certain restrictions on employee compensation, stock repurchases, dividends, and other areas as required by the CARES Act. The Office of Audits held entrance conferences with Treasury officials to discuss audit objectives and establish points of contact at Treasury and at Mesa Airlines, Inc. The audit team has reviewed Mesa Airlines, Inc.’s responses to Salesforce review card questions that are designed to monitor compliance with the loan agreement. We will use this data in addition to other borrower financial records to test compliance with the loan agreement. This is the first in a series of planned audits to ensure compliance with the terms of the loan agreements between Treasury and the loan recipients. Audit Planning The Office of Audits issued its Fiscal Year 2023 audit plan on October 17, 2022. To develop the audit plan, the Office of Audits met with the Department of the Treasury’s Chief Recovery Officer, the Federal Reserve Board of Governors Office of Inspector General, the Government Accountability Office’s Assistant Director for CARES Act Oversight, and staff members from the House Select Subcommittee on the Coronavirus Crisis. Data Analysis The Office of Audits data analytics program plays an important role in SIGPR’s mission. SIGPR’s data analytics platform uses various software and tools that process and analyze large quantities of data to detect potential red flags and anomalies. These tools are valuable not only for SIGPR’s audit work, but also for other proactive initiatives throughout SIGPR. The program has developed a data library containing over 150 million rows of CARES Act funding information, drawn from both public and sensitive government sources. The program updates the library at least quarterly to maintain accurate and relevant information. SIGPR OVERSIGHT REPORT TO CONGRESS | JULY – SEPTEMBER 2022 4 The data analytics program: • maintains complex risk assessment metrics by creating analytics that identify audit red flags; • harmonizes, cleanses, normalizes, and joins relevant data tables; • maintains a growing library of data tables that provide information and support the detection of irregularities; • creates interactive dashboards and visualizations to assist users in better understanding and prioritizing program areas for audits, investigations, and evaluations; • shares analytic methodologies and processes with various external government agencies, including the Department of Homeland Security, Department of Defense, U.S. Agency for International Development Office of Inspector General, Pandemic Response Accountability Committee (PRAC), Department of Health and Human Services, Amtrak, National Aeronautics and Space Administration, Department of Education Office of Inspector General, Small Business Administration Office of Inspector General, General Services Administration Office of Inspector General, and others; and • collaborates with various inter-governmental agencies, committees, and third-party vendors to stay informed about emerging analytic technologies, techniques, tools, and methodologies. The PRAC established the Pandemic Analytics Center of Excellence (PACE) to support its mission and its Office of Inspector General members. Their data analytics effort has dedicated a great deal of resources to harvesting and mining data for the benefit of many federal agencies and Offices of Inspectors General. SIGPR has leveraged this valuable resource. During this reporting period, the Office of Audits has dedicated a great amount of time to ingesting the monthly PACE datasets into its own data analytics platform. The PACE data provides a wealth of information to help detect fraud, waste, and abuse related to CARES Act funding. SIGPR is using this data in conjunction with its existing proprietary datasets to help enhance its overall oversight effort. Investigative Support The Office of Audits provides forensic auditing services, including financial records analysis, and auditing and accounting expertise in support of investigations conducted by the Office of Investigations. During this reporting period, the Office of Audits assisted with three active investigations. SIGPR OVERSIGHT 5 SPECIAL INSPECTOR GENERAL | PANDEMIC RECOVERY Investigations The Office of Investigations conducts criminal and civil investigations regarding allegations of fraud, waste, abuse, or misconduct involving CARES Act funds and programs within SIGPR’s jurisdiction. In addition, the office manages SIGPR’s hotline, which serves as a primary avenue for reporting fraud, waste, abuse, or misconduct. Investigative Activities The Office of Investigations routinely collaborates with the rest of the SIGPR team, including auditors, analysts, and attorneys, to vet complaints, develop proactive initiatives, and pursue investigations. In addition, SIGPR’s investigations are conducted in partnership with various U.S. Attorneys’ Offices, the U.S. Department of Justice (DOJ), the PRAC Fraud Taskforce, and other federal law enforcement partners. During this reporting period, the office continued its investigative and proactive efforts to uncover and vigorously pursue fraud and wrongdoing related to CARES Act funding under Title IV, Subtitle A. The following table highlights SIGPR’s investigative activities for the period. SIGPR Investigative Activity – July 1, 2022, through September 30, 2022 Hotline Complaints Hotline Complaints Received 147 Referrals to Other Agencies 68 Preliminary Inquiries Opened 4 Closed 0 Converted to Full Investigation 3 Ongoing 5 Investigations* Opened 3 Closed 1 Ongoing 29 Criminal Actions † Referrals to the Department of Justice 0 Referrals to State/Local Prosecuting Authorities 0 Indictments/Informations 0 Arrests/Summons 0 Convictions/Pleas 1 Sentencings 0 Civil Actions Referrals to the Department of Justice 0 Civil Judgments/Settlements 0 SIGPR OVERSIGHT REPORT TO CONGRESS | JULY – SEPTEMBER 2022 6 Other Enforcement Actions IG Subpoenas Issued 2 Investigative Monetary Results Funds Seized/Forfeitures $118,330 Restitution 0 Fines and Penalties 0 Civil Judgments/Settlements 0 Cost Recoveries 0 Note: Investigative data maintained via SIGPR’s electronic case management system. * Includes all SIGPR program-related cases, including PRAC Fraud Task Force investigations and joint investigations with other agencies. † Actions reported include those resulting from PRAC Fraud Task Force investigations and joint investigations with other agencies. Throughout the fourth quarter of the fiscal year, the Office of Investigations continued to expand its investigative oversight work through SIGPR’s collaborative and proactive efforts. PRAC Fraud Task Force In January 2021, the PRAC established a Fraud Task Force to serve as a resource for the Inspector General (IG) community by surging investigative resources into the areas of greatest need. Currently, the area of greatest need is pandemic loan fraud. Special agents from Offices of Inspectors General across the government are detailed to work on task force cases. These agents have partnered with prosecutors at DOJ’s Fraud Section and at United States Attorneys’ Offices across the country. The PRAC extended its authority to investigate pandemic-related fraud to SIGPR through a Memorandum of Understanding. Currently, SIGPR has four special agents assigned to the PRAC Fraud Task Force on a part-time basis. These special agents are mostly assigned PPP cases while continuing to work their SIGPR investigative caseload. This initiative allows SIGPR to make a broader contribution to the IG community by assisting with a range of critical investigations that might otherwise remain unstaffed. NAPLES FELON PLEADS GUILTY TO $2.6 MILLION COVID RELIEF FRAUD SCHEME In August 2022, a Naples, Florida man pleaded guilty in U.S. District Court, Middle District of Florida, to wire fraud, bank fraud, illegal monetary transaction, and possession of ammunition by a convicted felon. SIGPR special agents along with counterparts from the Federal Bureau of Investigation, Internal Revenue Service – Criminal Investigation, with assistance from the Federal Reserve Board – Office of Inspector General, determined that the man, a convicted felon, submitted false and fraudulent MSLP, EIDL, and PPP loan applications, resulting in the deposit of more than $2.6 million into bank accounts that he controlled. His loan applications contained numerous false representations, including the criminal history, average monthly payroll, number of employees, and gross revenues. Further, he fraudulently used the means of identification of individuals who purported to work for his companies to submit false and fraudulent payroll and payroll tax documents. The man allegedly used the funds for unauthorized purposes and for his own personal enrichment, including the purchase of residences in Naples, stocks and investment securities, and ammunition. SIGPR OVERSIGHT 7 SPECIAL INSPECTOR GENERAL | PANDEMIC RECOVERY As part of his guilty plea, the man agreed to forfeit his interest in a 2019 Tiara 34LS boat, two real properties located in Naples, a 4.02 carat solitaire engagement ring, and approximately $65,645 seized from two bank accounts, toward approximately $2,617,447, which were traceable to proceeds of the offense. SIGPR Hotline Activity The SIGPR hotline accepts reports of potential fraud, waste, abuse, and mismanagement related to CARES Act funding, programs, and personnel. The hotline also accepts whistleblower complaints from federal employees, former federal employees, employment applicants, employees of contractors, subcontractors, grantees and subgrantees, and personal service contractors, all of whom wish to report fraud, waste, abuse, mismanagement, or reprisal actions under the jurisdiction of SIGPR. During this reporting period, SIGPR received 147 hotline complaints, of which all but one pertained to matters outside SIGPR’s jurisdiction, as indicated in the table and chart below. Complaints by Category Received July through September 2022 Category Total Title I – Paycheck Protection Program 7 Title V – Coronavirus Relief Fund 17 Multiple CARES Act Programs 6 Other Economic Impact Payments 8 Emergency Income Disaster Loans 3 Income Tax Related 1 Non-Program Related 50 Rental and Housing Assistance Programs 50 Social Security Benefits 3 Unemployment Insurance Programs 2 Grand Total 147 REPORT TO CONGRESS | JULY – SEPTEMBER 2022 8 SECTION 2 FINDINGS AND DEVELOPMENTS The CARES Act requires SIGPR to regularly report “a detailed statement of all loans, loan guarantees, other transactions, obligations, expenditures, and revenues associated with any program established by the Secretary under section 4003, as well as the information collected under subsection (c)(1).”7 Accordingly, below are the categories of loans and other investments made by Treasury under CARES Act section 4003,8 including, where applicable and known, a list of the loans and investments made under each category and the eligible businesses to which loans were made. Direct Loans and Other Investments Introduction CARES Act section 4003(a) authorized the Secretary “to make loans, loan guarantees, and other investments in support of eligible businesses, States, and municipalities that do not, in the aggregate, exceed $500,000,000,000.” The CARES Act further divided these loans and investments into four categories. The first three, described in sections 4003(b)(1)–(3), cover loans and loan guarantees to passenger air carriers and related businesses ($25 billion), cargo air carriers ($4 billion), and businesses critical to maintaining national security ($17 billion).9 The fourth category, described in section 4003(b)(4), authorized the Secretary to invest in various liquidity programs established by the Federal Reserve under section 13(3) of the Federal Reserve Act ($454 billion). The Consolidated Appropriations Act, 2021, amended the CARES Act to rescind unobligated balances of 7 CARES Act § 4018(f)(1)(B) 8 Treasury did not establish a program for “loan guarantees” under CARES Act section 4003. 9 Treasury has posted on its website the contracts it has entered in connection with the administration of loans under section 4003(b)(1), (2), and (3). See U.S. Dep’t Treasury, Other Programs, https://home.treasury.gov/data/ other-programs FINDINGS AND DEVELOPMENTS 9 SPECIAL INSPECTOR GENERAL | PANDEMIC RECOVERY funds ($429 billion) in these programs.10 It also specified that after December 31, 2020, the Federal Reserve “shall not make any loan, purchase any obligation, asset, security, or other interest, or make any extension of credit” through the liquidity programs or facilities in which Treasury had invested CARES Act funds, except for facilities in the MSLP, that were authorized to purchase loans until January 8, 2021, for applications submitted by December 14, 2020.11 Direct Loans On March 30, 2020, Treasury first announced guidelines for businesses interested in applying for loans under CARES Act section 4003(b)(1)–(3).9 Those guidelines incorporated several mandatory loan terms and conditions, with many designed to protect American taxpayers. A summary of these terms and conditions can be accessed in SIGPR’s previous quarterly reports. Air Carrier Loan Program CARES Act section 4003(b)(1)–(2) allocated $25 billion for loans and loan guarantees to passenger air carriers, aviation- maintenance facilities certified under 14 C.F.R. Part 145, and air-transportation ticket agents, as well as $4 billion for cargo air carriers. Businesses Critical to Maintaining National Security CARES Act section 4003(b)(3) allocated $17 billion for loans and loan guarantees to “businesses critical to maintaining national security.” The report excerpts on the following pages summarize the section 4003(b)(1) – (3) loans current through this quarter.12 10 See Consolidated Appropriations Act, 2021, Pub. L. 116-260, div. N §§ 1003, 1005 11 Id. § 1005.9 U.S. Department of the Treasury, Procedures and Minimum Requirements for Loans to Air Carriers and Eligible Businesses and National Security Businesses under Division A, Title IV, Subtitle A of the Coronavirus Aid, Relief, and Eco- nomic Security Act (Mar. 30, 2020), https://home.treasury.gov/system/files/136/Procedures and Minimum Requirements for Loans.pdf. 12 See U.S. Department of the Treasury, Report Under Section 4026(b)(1)(C) of the CARES Act on Loans to Air Carriers, Eligible Businesses, and National Security Businesses (October 1, 2022). https://home.treasury.gov/system/files/136/ 4026b1CLoanReport10012022.pdf; see also U.S. Department of the Treasury, Loans to Air Carriers, Eligible Businesses, and National Security Businesses, https://home.treasury.gov/policy-issues/cares/preserving-jobs-for- american-industry/loans-to- air-carriers-eligible-businesses-and-national-security-businesses (last updated Jan. 21, 2021). FINDINGS AND DEVELOPMENTS REPORT TO CONGRESS | JULY – SEPTEMBER 2022 10 FINDINGS AND DEVELOPMENTS 11 SPECIAL INSPECTOR GENERAL | PANDEMIC RECOVERY FINDINGS AND DEVELOPMENTS REPORT TO CONGRESS | JULY – SEPTEMBER 2022 12 Other Investments CARES Act section 4003(b)(4) allocated at least $454 billion for “loans and loan guarantees to, and other investments in, programs or facilities established by the Board of Governors of the Federal Reserve System for the purpose of providing liquidity to the financial system that supports lending to eligible businesses, States, or municipalities” by “purchasing obligations or other interests” directly from the issuer or through secondary markets, and “making loans, including loans or other advances secured by collateral.”13 The Federal Reserve established several liquidity programs (facilities) pursuant to section 13(3) of the Federal Reserve Act.14 That provision, used extensively during the 2008 financial crisis and amended by the Dodd-Frank Wall Street Reform and Consumer Protection Act,15 allows the Federal Reserve to lend money in “unusual and exigent circumstances” to participants in “any program or facility with broad- based eligibility” who are “unable to secure adequate credit accommodations from other banking 13 CARES Act § 4003(b)(4)(A)–(C) 14 See 12 U.S.C. § 343(3) 15 Pub. L. 111-203, 124 Stat. 1375 FINDINGS AND DEVELOPMENTS 13 SPECIAL INSPECTOR GENERAL | PANDEMIC RECOVERY institutions.”16 The Federal Reserve Board was required to consult with the Secretary of the Treasury prior to the Federal Reserve Board’s 2015 issuance of its regulations governing emergency lending under section 13(3) of the Federal Reserve Act.17 The Federal Reserve may not establish any emergency lending program under section 13(3) without prior approval of the Secretary of the Treasury.18 Of note, as of September 30, 2022, MS Facilities, LLC—a special-purpose vehicle (SPV) jointly formed by Treasury and the Federal Reserve Bank of Boston to operate the MSLP—has recognized approximately $45 million in actual loan losses, net of subsequent recoveries.19 In addition, an evaluation of loan participations purchased by the MS Facilities, LLC resulted in a reported loan loss allowance in the amount of $1.8 billion.20 The allowance for loan losses is estimated based upon MS Facilities, LLC’s holdings as of June 30, 2022.21 The following table summarizes the total amount of remaining CARES Act funds that Treasury invested in MS Facilities, LLC and other SPVs created in conjunction with other lending programs as of September 30, 2022.22 Recipient Treasury Investment Remaining as of September 30, 2022 MS Facilities, LLC $14,000,527,330.76 TALF II, LLC $1,165,893,792.98 Corporate Credit Facilities, LLC $0.00 Municipal Liquidity Facility, LLC $2,923,147,644.64 The SPVs have returned the following amounts to Treasury as of September 30, 2022. Recipient Investment Returned to Treasury as of September 30, 2022 MS Facilities, LLC $23,609,068,438.20 TALF II, LLC $8,845,890,590.39 Corporate Credit Facilities, LLC $37,980,215,713.55 Municipal Liquidity Facility, LLC $14,605,308,004.93 These facilities have stopped extending loans or purchasing obligations. Additional details for the facilities are available on the Federal Reserve’s website.23 The Federal Reserve has indicated that because the MSLP ceased purchasing participations on January 8, 2021, it will not provide additional transaction-specific disclosures about the MSLP on a periodic basis going forward. 16 12 U.S.C. § 343(3)(A); see also 12 C.F.R. § 201.4(d) 17 12 U.S.C. § 343(3)(B)(i) 18 12 U.S.C. § 343(3)(B)(iv) 19 See Bd. of Governors of the Fed. Reserve Sys., Periodic Report: Update on Outstanding Lending Facilities Authorized by the Board under Section 13(3) of the Federal Reserve Act, https://www.federalreserve.gov/publications/files/13-3-report- 20221012.pdf (last updated October 11, 2022) 20 See id. 21 See id. 22 See id. 23 See id. HELP FIGHT FRAUD, WASTE, AND ABUSE. BY EMAIL: hotline@sigpr.gov BY PHONE: 202-927-7899 www.sigpr.gov
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