Complaint — No. 1:24-cv-00935 (Dkt. 1, W.D.N.Y.)

Summary

A qui tam complaint filed under seal on September 30, 2024 as Document 1 in United States ex rel. Aidan Forsyth v. 3rd Avenue Transit, Inc. and Y&M Transit Corp., No. 1:24-cv-00935-JLS, in the U.S. District Court for the Western District of New York, under the False Claims Act, 31 U.S.C. §§ 3729 et seq. The relator alleges that the two Brooklyn school transportation companies were affiliated with non-defendant Jofaz Transportation, Inc. through common ownership and control, so that together they exceeded the SBA's 300-employee limit for second-draw PPP loans. According to the complaint, the second-draw applications listed 42 and 288 employees while Jofaz's first-draw application listed 500, and lenders extended second-draw loans totaling approximately $2.4 million that were forgiven in or about April and May 2022. It seeks treble damages and penalties.

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