LaFontaine Management, Inc. — Has Agreed to Pay $1,500,000 to Settle Allegations That It Violated the False Claims Act (Detroit)

Summary

United States Attorney Jerome F. Gorgon, Jr. announced that LaFontaine Management, Inc., affiliated with the LaFontaine Automotive Group in Michigan, has agreed to pay $1,500,000 to settle allegations that it violated the False Claims Act in obtaining a Paycheck Protection Program (PPP) loan. In April 2020, LaFontaine Management obtained a first draw PPP loan for $1,000,000. The United States alleged that LaFontaine Management falsely certified it was eligible even though, together with its affiliates, it had more than 500 employees and was not operating as a franchise with a franchise identifier code from the SBA. The settlement resolved a sealed qui tam lawsuit, and the whistleblowers will receive a combined 15% of the settlement amount.

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DETROIT
– United States Attorney Jerome F. Gorgon, Jr. announced today that LaFontaine Management, Inc., which is affiliated with the network of auto dealerships and other related entities in Michigan known as the LaFontaine Automotive Group, has agreed to pay $1,500,000 to settle allegations that it violated the False Claims Act by making false statements to the U.S. Small Business Administration (SBA) to obtain a Paycheck Protection Program (PPP) loan for which LaFontaine Management was ineligible.
Congress created the PPP in March 2020 to provide emergency financial assistance to American businesses suffering from the economic effects of the COVID-19 pandemic. Under the PPP, eligible small businesses could receive forgivable loans guaranteed by the SBA. Regulations imposed various eligibility requirements for the PPP, including limitations on the number of employees and restrictions for certain types of businesses operating as franchises, such as auto dealerships. When applying for PPP loans, borrowers were required to certify the truthfulness and accuracy of all information provided in their loan applications.
In April 2020, LaFontaine Management obtained a first draw PPP loan for $1,000,000. The United States alleged that LaFontaine Management falsely certified it was eligible for its first draw loan and loan forgiveness, even though, together with its affiliates, it had more than 500 employees and was not operating as a franchise with a franchise identifier code from SBA, in violation of the PPP rules.
“Even though the PPP Program has ended, our mandate to investigate and redress the harm from fraudulent and improper PPP loans continues,” said U.S. Attorney Jerome F. Gorgon, Jr. for the Eastern District of Michigan. “We will continue to vigorously pursue allegations against companies and individuals who obtained COVID-19 relief funds that they didn’t deserve.”
“Investigations like this one reflect collaboration of the Small Business Administration, including SBA’s Office of General Counsel, and the U.S. Attorney’s Office, as well as the work of private individuals who uncover fraudulent conduct to recover funds obtained through fraud,” said SBA General Counsel Wendell Davis.
This civil settlement resolved a sealed lawsuit originally filed under the
qui tam
or whistleblower provisions of the False Claims Act, which permit private parties to file suit on behalf of the United States for false claims and share in a portion of the government’s recovery. The
qui tam
lawsuit has been unsealed and is captioned
U.S. ex rel. Patricia Lesko and Bram Lesko v. Lafontaine Management, Inc.
, Case No. 2:23-cv-13130. The whistleblowers will receive a combined 15% of the settlement amount.
This matter was handled by Assistant U.S. Attorney Anthony Gentner from the United States Attorney’s Office for the Eastern District of Michigan, with assistance from the SBA’s Office of General Counsel.
Individuals with information about allegations of fraud involving COVID-19 are encouraged to report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at:
https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form
The claims resolved by the settlement are allegations only; there has been no determination of liability.

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