Stipulation and Order of Settlement and Dismissal — United States v. Marymount Manhattan College

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Stipulation and Order of Settlement and Dismissal in United States of America v. Marymount Manhattan College, 24 Civ. 423 (JPO), U.S. District Court for the Southern District of New York, entered into by the United States, relator Patricia Lesko and the College. The United States alleges that the College falsely certified its eligibility for a PPP loan because it employed more than 500 employees at a single location. In the Admitted Conduct, the College acknowledges receiving a PPP loan of $6,555,592.00, of which $6,197,696.64 was forgiven, and that its application listed 482 full-time equivalent employees each month. The College agrees to pay $8,392,758.43 plus interest, of which $6,263,252.56 constitutes restitution to the United States. The SO ORDERED block for Judge J. Paul Oetken is dated December 18, 2025, and a Consent Judgment for $8,392,758.43 follows.

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THE UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

UNITED STATES OF AMERICA,

Plaintiff-Intervenor, 24 Civ. 423 (JPO)

-against-

MARYMOUNT MANHATTAN COLLEGE,

Defendant.

STIPULATION AND ORDER OF SETTLEMENT AND DISMISSAL

WHEREAS, this Stipulation and Order of Settlement and Dismissal (“Stipulation”) is
entered into by and among (i) plaintiff the United States of America (the “Government” or “United
States”), by its attorney, Jay Clayton, the United States Attorney for the Southern District of New
York, and on behalf of the United States Small Business Administration (the “SBA”), (ii) the
relator Patricia Lesko (“Relator”), by her authorized representatives; and (iii) Marymount
Manhattan College (“MMC” or “Defendant” and collectively with the Government and Relator,
the “Parties”), by its authorized representatives;

WHEREAS, MMC is a college and 501(c)(3) nonprofit organization located in New
York City;

WHEREAS, the Paycheck Protection Program (“PPP”) was established pursuant to the
Coronavirus Aid, Relief, and Economic Security (“CARES”) Act, which was enacted in March
2020 and was designed to provide emergency financial assistance to millions of Americans
suffering economic effects caused by the COVID-19 pandemic. One source of relief provided by

the CARES Act was the authorization of forgivable loans to small businesses and certain types of

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non-profit organizations for employee payroll and certain other expenses through the PPP. To
obtain a PPP loan, a qualifying entity was required to submit a PPP loan application, which is
signed by an authorized representative of the entity. The loan application requires the entity—
through its authorized representative—to acknowledge the PPP program’s rules and make certain
affirmative certifications regarding its eligibility to obtain the PPP loan. Following the lender
approvals of loan applications, the participating lenders funded the loans, which were 100%
guaranteed by the SBA;

WHEREAS, in addition to other criteria, to be eligible for a first-draw PPP loan, a
501(c)(3) nonprofit organization was generally required to have 500 or fewer employees or meet
SBA employee-based size standards for the industry in which they operate (although the American
Rescue Plan Act, enacted on March 11, 2021, modified the size eligibility standard for 501(c)(3)
nonprofit organizations to require that the organization have no more than 500 employees per
physical location);

WHEREAS, SBA regulations enacted before the CARES Act stated that when
determining an entity’s “number of employees, SBA counts all individuals employed on a full-
time, part-time, or other basis” and that “[p]art-time and temporary employees are counted the
same as full-time employees.” 13 CFR § 121.106(a)b);

WHEREAS, the CARES Act itself stated that for “[flor purposes of determining
whether a... nonprofit organization ... employs not more than 500 employees ..., the term
‘employee’ includes individuals employed on a full-time, part-time, or other basis,” 15 U.S.C.
§ 636(a)(36)(D)(v);

WHEREAS, on or about January 19, 2024, Relator filed a complaint under the qui tam
provisions of the False Claims Act (“FCA”), 31 U.S.C. § 3729 ef seq., against multiple 501(c)(3)

nonprofit organizations, including MMC, alleging, inter alia, that the defendants were ineligible

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for the PPP loans they received and violated the FCA by submitting PPP loan applications with
material misstatements regarding their number of employees (the “Relator Complaint”);

WHEREAS, the Government has notified the Court of its decision not to intervene with
respect to the claims asserted against all of the defendants in the above-referenced gui tam action
except MMC;

WHEREAS, the United States alleges that MMC violated the FCA by knowingly
presenting and making, or causing to be presented and made, false claims and statements in
connection with its submission of its PPP loan application and forgiveness application.
Specifically, the United States alleges that MMC falsely certified its eligibility for the PPP loan
because MMC employed more than 500 employees at a single location, and was thus ineligible for
the loan. The conduct described in this Paragraph is the “Covered Conduct” for purposes of this
Stipulation;

WHEREAS, contemporaneous with the filing of this Stipulation, the Government is filing
a Notice of Election to Partially Intervene and a Complaint-In-Intervention in the above-referenced
qui tam action (the “Government Complaint”), in which it asserts claims against MMC under the
FCA and common law for the Covered Conduct;

WHEREAS, the Parties have, through this Stipulation, reached a mutually agreeable
resolution addressing the claims asserted against Defendant in the Government Complaint and the
Relator Complaint for the Covered Conduct;

NOW, THEREFORE, upon the Parties’ agreement, IT IS HEREBY ORDERED that:

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TERMS AND CONDITIONS
l, The Parties agree that this Court has subject matter jurisdiction over this action and
consent to this Court’s exercise of personal jurisdiction over each of them.
2. Defendant admits, acknowledges, and accepts responsibility for the following
conduct (the “Admitted Conduct”):

a. On or about May 7, 2020, MMC submitted, through its authorized
representative, an application for a PPP loan to a financial institution. MMC
was approved for and received a PPP loan for $6,555,592.00._ MMC,
through its authorized representative, applied for forgiveness of most of the
PPP loan in June 2021, and $6,197,696.64 of the PPP loan amount was
ultimately forgiven.

b. MMC indicated on its PPP loan application that it had an average of 482
full-time equivalent employees each month. MMC also certified, among
other things, that it was eligible to receive the loan and that the information
provided in its application and supporting documents was true and accurate
in all material respects. MMC separately listed in an appendix to the loan
application its total number of full-time and part-time employees for each
month during 2019 (which exceeded 500), but did not list the location at
which these employees worked.

c. MMC actually employed more than 500 full-time and part-time employees
at a single location on average each month during the relevant period for
determining PPP eligibility. The 482-employee total listed on the PPP loan
application improperly counted part-time employees as one-third of an
employee.

d. In its PPP loan forgiveness application, MMC stated that it had 447
employees at the time of its PPP loan application, and again certified,
among other things, that the information provided in its application and
supporting documents was true and correct in all material respects.

e. MMC received a PPP loan in the amount of $6,555,592.00-—$6, 197,696.64
of which has been forgiven, when in fact MMC was ineligible to receive
such a loan due to the total number of individuals it employed.

Ls Defendant shall pay to the Government within fourteen (14) business days of the
Effective Date (defined below in Paragraph 27) the sum of $8,392,758.43, plus interest which shall
be compounded annually at a rate of 3.77% accruing from November 14, 2025, to the date of the

payment (the “Settlement Amount”), in accordance with instructions to be provided by the

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Financial Litigation Unit of the United States Attorney’s Office for the Southern District of New
York. Of the Settlement Amount, $6,263,252.56 constitutes restitution to the United States.

4. Defendant agrees to cooperate fully and truthfully with the Government’s
investigation of entities and individuals not released in this Stipulation. Upon reasonable notice,
Defendant shall encourage, and agrees not to impair, the cooperation of its directors, officers, and
employees, and shall use its best efforts to make available, and encourage, the cooperation of
former directors, officers, and employees for interviews and testimony, consistent with the rights
and privileges of such individuals. Defendant further agrees to furnish to the Government, upon
request, complete and unredacted copies of all non-privileged documents, reports, memoranda of
interviews, and records in their possession, custody, or control concerning any investigation of the
Covered Conduct that it has undertaken, or that has been performed on its behalf by another.

5. Subject to the exceptions in Paragraph 9 (concerning reserved claims), Paragraph
10 (concerning default), and Paragraph 14 (concerning bankruptcy proceedings) below, and
conditioned upon Defendant’s full compliance with the terms of this Stipulation, including full
payment of the Settlement Amount to the Government pursuant to Paragraph 3 above, the
Government releases Defendant, including its subsidiaries and corporate predecessors, successors
and assigns, from any civil or administrative monetary claim that the Government has for the
Covered Conduct under the FCA, the Administrative False Claims Act, 31 U.S.C. § 3801-3812,
and the common law theories of fraud, payment by mistake, and unjust enrichment. For avoidance
of doubt, this Stipulation does not release any current or former officer, director, employee, or
agent of Defendant from liability of any kind.

6. Defendant fully and finally releases the Government, its agencies, officers,
employees, servants, and agents from any claims (including attorneys’ fees, costs, and expenses

of every kind and however denominated) that Defendant has asserted, could have asserted, or may

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assert in the future against the Government, its agencies, officers, employees, servants, or agents
related to the Covered Conduct and the Government’s investigation, prosecution, and settlement
thereof.

is Subject to the exceptions in Paragraph 9 (concerning reserved claims), Paragraph
10 (concerning default), and Paragraph 14 (concerning bankruptcy proceedings) below, and
conditioned on timely payment by Defendant of the full Settlement Amount pursuant to Paragraph
3 above, Relator, for herself and her heirs, successors, attorneys, agents, and assigns, releases
Defendant, including its subsidiaries and corporate predecessors, successors, and assigns, as well
as all of Defendant’s current and former officers, directors, employees, attorneys, and other agents,
from any and all manner of claims, proceedings, liens, and causes of action of any kind or
description that Relator has against Defendant related to or arising from Relator’s Complaint.

8. In consideration of the execution of this Stipulation by Relator and the Relator’s
release as set forth in Paragraph 7 above, Defendant, including its subsidiaries, predecessors, and
corporate successors and assigns, as well as all of its current and former officers, directors,
employees, attorneys, and other agents, releases Relator and her heirs, successors, attorneys,
agents, and assigns, from any and all manner of claims, proceedings, liens, and causes of action of
any kind or description that Defendant has against Relator related to or arising from the Relator
Complaint.

9. Notwithstanding the releases given in Paragraph 5 above, or any other term of this
Stipulation, the following claims of the Government are specifically reserved and are not released
by this Stipulation:

a. any liability arising under Title 26, United States Code (Internal
Revenue Code);

b. any criminal liability;

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c. except as explicitly stated in this Stipulation, any administrative liability or
enforcement right, including the suspension and debarment rights of any federal

agency;

d. any liability to the Government (or its agencies) for any conduct other than the

Covered Conduct;
e. any liability based upon obligations created by this Stipulation; and
f. any liability of individuals.

10. | Defendant shall be in default of this Stipulation if Defendant fails to make the
required payment set forth in Paragraph 3 above on or before the due date for such payment, or if
it fails to comply materially with any other term of this Stipulation that applies to it (“Default”).
The Government shall provide written notice to Defendant of any Default in the manner set forth
in Paragraph 26 below. Defendant shall then have an opportunity to cure the Default within seven
(7) calendar days from the date of receipt of the Notice of Default by making the payment due and
paying any additional interest accruing under the Stipulation up to the date of payment. If
Defendant fails to cure the Default within seven (7) calendar days of receiving the Notice of
Default (“Uncured Default’’), interest on the remaining unpaid balance shall thereafter accrue at
the rate of 12% per annum, compounded daily from the date of Default, on the remaining unpaid
total (principal and interest balance). In the event of an Uncured Default, Defendant shall agree
to the entry of a consent judgment in favor of the United States against Defendant in the amount
of the Settlement Amount as attached hereto as Exhibit A. Defendant also agrees that the United
States, at its sole discretion, may (i) retain any payments previously made, rescind this Stipulation,
and reinstate the claims asserted against Defendant in the Government Complaint, or bring any
civil and/or administrative claim, action, or proceeding against Defendant for the claims that would
otherwise be covered by the releases provided in Paragraph 5, with any recovery reduced by the

amount of any payments previously made by Defendant to the United States under this Stipulation;

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(ii) take any action to enforce this Stipulation in a new action or by reinstating the Government
Complaint; (iii) offset the remaining unpaid balance from any amounts due and owing to
Defendant and/or affiliated companies by any department, agency, or agent of the United States at
the time of Default or subsequently; and/or (iv) exercise any other right granted by law, or under
the terms of this Stipulation, or recognizable at common law or in equity. The United States shall
be entitled to any other rights granted by law or in equity by reason of Default, including referral
of this matter for private collection. In the event the United States pursues a collection action,
Defendant agrees immediately to pay the United States the greater of (i) a ten-percent (10%)
surcharge of the amount collected, as allowed by 28 U.S.C. § 3011(a), or (ii) the United States’
reasonable attorneys’ fees and expenses incurred in such an action. In the event that the United
States opts to rescind this Stipulation pursuant to this paragraph, Defendant waives and agrees not
to plead, argue, or otherwise raise any defenses of statute of limitations, laches, estoppel or similar
theories, to any civil or administrative claims that (i) are filed by the United States against
Defendant within 120 days of written notification that this Stipulation has been rescinded, and (ii)
relate to the Covered Conduct, except to the extent these defenses were available on January 19,
2024. Defendant agrees not to contest any offset, recoupment, and/or collection action undertaken
by the United States pursuant to this paragraph, either administratively or in any state or federal
court, except on the grounds of actual payment to the United States.

11. Defendant, having truthfully admitted to the Admitted Conduct set forth in
Paragraph 2 hereof, agrees that it shall not, through its attorneys, agents, officers, or employees,
make any public statement, including but not limited to, any statement in a press release, social
media forum, or website, that contradicts or is inconsistent with the Admitted Conduct or suggests
that the Admitted Conduct is not wrongful (a “Contradictory Statement”). Any Contradictory

Statement by Defendant, its attorneys, agents, officers, or employees, shall constitute a violation

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of this Stipulation, thereby authorizing the Government to pursue any of the remedies set forth in
Paragraph 10 of this Stipulation, or seek other appropriate relief from the Court. Before pursuing
any remedy, the Government shall notify Defendant that it has determined that Defendant has
made a Contradictory Statement. Upon receiving notice from the Government, Defendant may
cure the violation by repudiating the Contradictory Statement in a press release or other public
statement within four (4) business days. If Defendant learns of a potential Contradictory Statement
by its attorneys, agents, officers, or employees, Defendant must notify the Government of the
statement within 24 hours. The decision as to whether any statement constitutes a Contradictory
Statement or will be imputed to Defendant for the purpose of this Stipulation, or whether
Defendant adequately repudiated a Contradictory Statement to cure a violation of this Stipulation,
shall be within the sole discretion of the Government. Consistent with this provision, Defendant
may raise defenses and/or assert affirmative claims or defenses in any proceeding brought by
private and/or public parties, so long as doing so would not contradict or be inconsistent with the
Admitted Conduct.

12. _ Relator and her heirs, successors, attorneys, agents, and assigns shall not object to
this Stipulation; Relator further agrees and affirms that the terms of this Stipulation are fair,
adequate, and reasonable under all the circumstances, pursuant to 31 U.S.C. § 3730(c)(2)(B).

ey Defendant waives and shall not assert any defenses it may have to any criminal
prosecution or administrative action relating to the Covered Conduct that may be based in whole
or in part on a contention that, under the Double Jeopardy Clause in the Fifth Amendment of the
Constitution, or under the Excessive Fines Clause in the Eighth Amendment of the Constitution,
this Stipulation bars a remedy sought in such criminal prosecution or administrative action.

14. __ In exchange for valuable consideration provided in this Stipulation, Defendant

acknowledges the following:

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Defendant has reviewed its financial situation and warrants that it is solvent
within the meaning of 11 U.S.C. §§ 547(b)(3) and 548(a)(1)(B)(ii)(1) and shall
remain solvent following payment to the United States of the Settlement
Amount.

. In evaluating whether to execute this Agreement, the Parties intend that the
mutual promises, covenants, and obligations set forth herein constitute a
contemporaneous exchange for new value given to Defendant, within the
meaning of 11 U.S.C. § 547(c)(1), and the Parties conclude that these mutual
promises, covenants, and obligations do, in fact, constitute such a
contemporaneous exchange.

The mutual promises, covenants, and obligations set forth herein are intended
by the Parties to, and do in fact, constitute a reasonably equivalent exchange of
value.

. The Parties do not intend to hinder, delay, or defraud any entity to which
Defendant was or became indebted on or after the date of any transfer
contemplated in this Stipulation, within the meaning of 11 U.S.C. § 548(a)(1).
If Defendant’s obligations under this Stipulation are avoided for any reason
(including but not limited to through the exercise of a trustee’s avoidance
powers under the Bankruptcy Code) or if, before the Settlement Amount is paid
in full, Defendant or a third party commences a case, proceeding, or other action
under any law relating to bankruptcy, insolvency, reorganization, or relief of
debtors seeking any order for relief of Defendant’s debts, or to adjudicate

Defendant as bankrupt or insolvent, or seeking appointment of a receiver,

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trustee, custodian, or other similar official for Defendant or for all or any
substantial part of Defendant’s assets:

(1) _ the United States may rescind the releases in this Stipulation and bring any
civil and/or administrative claim, action, or proceeding against Defendant
for the claims that would otherwise be covered by the releases provided in
Paragraph 5;

(2) _ the United States has an undisputed, noncontingent, and liquidated allowed
claim against Defendant in the amount $8,392,758.43, less any payments
received pursuant to the Stipulation, provided, however, that such payments
are not otherwise avoided and recovered from the United States by
Defendant, a receiver, trustee, custodian, or other similar official for
Defendant; and

(3) ifany payments are avoided and recovered by Defendant, a receiver, trustee,
custodian, or similar official for Defendant, Relator shall, within thirty days
of written notice from the United States to the undersigned Relator’s
counsel, return any portions of such payments already paid by the United
States to Relator.

f. Defendant agrees that any civil and/or administrative claim, action, or
proceeding brought by the United States under Paragraph 14(e) above is not
subject to an “automatic stay” pursuant to 11 U.S.C. § 362(a) because it would
be an exercise of the United States’ police and regulatory power. Defendant
shall not argue or otherwise contend that the United States’ claim, action, or
proceeding is subject to an automatic stay and, to the extent necessary, consent

to relief from the automatic stay for cause under 11 U.S.C. § 362(d)(1).

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Defendant waives and shall not plead, argue, or otherwise raise any defenses
under the theories of statute of limitations, laches, estoppel, or similar theories,
to any such civil or administrative claim, action, or proceeding brought by the
United States within 120 days of written notification to Defendant that the
releases have been rescinded pursuant to this paragraph, except to the extent
such defenses were available on January 19, 2024.

15. | Defendant agrees to the following:

a. Unallowable Costs Defined: All costs (as defined in the Federal Acquisition
Regulation, 48 C.F.R. § 31.205-47) incurred by or on behalf of Defendant and
its present or former officers, directors, employees, shareholders, and agents in
connection with: (i) the matters covered by this Stipulation; (ii) the United
States’ civil investigation(s) of the matters covered by this Stipulation; (iii)
Defendant’s investigation, defense, and corrective actions undertaken in
response to the United States’ civil investigation(s) in connection with the
matters covered by this Stipulation (including attorneys’ fees); (iv) the
negotiation and performance of this Stipulation; and (v) the payment Defendant
makes to the United States pursuant to this Stipulation and any payments that
Defendant may make to Relator, including costs and attorneys’ fees, are
unallowable costs for government contracting purposes (hereinafter referred to
as “Unallowable Costs’).

b. Future Treatment of Unallowable Costs: Unallowable Costs will be separately

determined and accounted for by Defendant, and Defendant shall not charge
such Unallowable Costs directly or indirectly to any contract with the United

States.

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c. Treatment of Unallowable Costs Previously Submitted for Payment: Within 90

days of the Effective Date of this Stipulation, Defendant shall identify and repay
by adjustment to future claims for payment or otherwise any Unallowable Costs
included in payments previously sought by Defendant or any of its subsidiaries
or affiliates from the United States. Defendant agrees that the United States, at
a minimum, shall be entitled to recoup from Defendant any overpayment plus
applicable interest and penalties as a result of the inclusion of such Unallowable
Costs on previously submitted requests for payment. The United States,
including the Department of Justice and/or the affected agencies, reserves its
rights to audit, examine, or re-examine Defendant’s books and records and to
disagree with any calculations submitted by Defendant or any of its subsidiaries
or affiliates, regarding any Unallowable Costs included in payments previously
sought by Defendant, or the effect of any such Unallowable Costs on the
amount of such payments.

d. Nothing in this Stipulation shall constitute a waiver of the rights of the
Government to audit, examine, or re-examine Defendant’s books and records
to determine that no Unallowable Costs have been claimed in accordance with
the provisions of this Paragraph.

16. This Stipulation is intended to be for the benefit of the Parties only. The Parties do
not release any claims against any other person or entity except as otherwise provided herein.

17. Each Party shall bear its own legal and other costs incurred in connection with this
matter, including the preparation and performance of this Stipulation.

18. Any failure by the Government to insist upon the full or material performance of

any of the provisions of this Stipulation shall not be deemed a waiver of any of the provisions

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hereof, and the Government, notwithstanding that failure, shall have the right thereafter to insist
upon the full or material performance of any and all of the provisions of this Stipulation.

19. This Stipulation is governed by the laws of the United States. The exclusive
jurisdiction and venue for any dispute relating to this Stipulation is the United States District Court
for the Southern District of New York.

20. For purposes of construing this Stipulation, this Stipulation shall be deemed to have
been drafted by all Parties to this Stipulation and shall not, therefore, be construed against any
Party for that reason in any subsequent dispute.

21. This Stipulation constitutes the complete agreement between the Parties with
respect to the subject matter hereof. This Stipulation may not be amended except by written
consent of the Parties. No prior agreements, oral representations, or statements shall be considered
part of this Stipulation.

22. The undersigned counsel and other signatories represent and warrant that they are
fully authorized to execute this Stipulation on behalf of the persons and the entities indicated
below.

23. This Stipulation is binding on Defendant’s successors, transferees, heirs, and
assigns.

24. This Stipulation is binding on Relator’s successors, transferees, heirs, and assigns.

25. This Stipulation may be executed in counterparts, each of which constitutes an
original and all of which constitute one and the same Stipulation. E-mails that attach signatures in
PDF form or facsimiles of signatures shall constitute acceptable, binding signatures for purposes

of this Stipulation.

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26.

Any notice pursuant to this Stipulation shall be in writing and shall, unless

expressly provided otherwise herein, be delivered by hand, express courier, or e-mail transmission

followed by postage-prepaid mail, and shall be addressed as follows:

27.

TO THE UNITED STATES:

Mark Osmond

Assistant United States Attorney
86 Chambers Street, Third Floor
New York, New York 10007
Mark.Osmond@usdoj.gov

TO MMC:

Russell Capone

Cooley LLP

55 Hudson Yards

New York, NY 10001-2157
rcapone@cooley.com

TO RELATOR:

Patrick S. Almonrode
Jason T. Brown

Paul V. Shehadi
Brown, LLC

111 Town Square Place, Suite 400

Jersey City, NJ 07310
patalmonrode@jtblawgroup.com

jtb@jtblawgroup.com
paul.shehadi@jtblawgroup.com

The effective date of this Stipulation is the date upon which it is approved by the

Court (the “Effective Date”).

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Agreed to by:

THE UNITED STATES
Dated: December Ka 2025

JAY CLAYTON
United States Attorney for the

Southern District of New York
By: Teh, (04

MARK oe

Assistant United States Attorney
86 Chambers Street, Third Floor
New York, New York 10007
Tel.: (212) 637-2713

Attorney for the United States

DEFENDANT MARYMOUNT MANHATTAN COLLEGE

Dated: December 15, 2025

MARYMOUNT MANHATTAN COLLEGE

Peter Naccarato
Interim President

COOLEY LLP

Russell Capone

Cooley LLP

55 Hudson Yards

New York, NY 10001-2157
rcapone@cooley.com
Attorneys for Defendant

16

Dac {D: 6d91f4947331b24a2fcalGfbGae1 1 226d8facfd7
RELATOR

14

Dated: December _, 2025

PATRICIA LESKO

Patricia Lesko
Relator

Dated: December 14, 2025
BROWN, LLC

By: | =

Patrick S. Almonrode

Jason T. Brown

Paul V. Shehadi

Brown, LLC

111 Town Square Place, Suite 400
Jersey City, NJ 07310
patalmonrode@jtblawgroup.com
jtb@jtblawgroup.com
paul.shehadi@jtblawgroup.com
Attorneys for Relator

SO ORDERED:

/ J. PAUL OETKEN
United States District Judge

Dated: December 18, 2025

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THE UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

UNITED STATES OF AMERICA,

Plaintiff-Intervenor, 24 Civ. 423 (JPO)

-against-
MARYMOUNT MANHATTAN COLLEGE,

Defendant.

CONSENT JUDGMENT

Upon the consent of Plaintiff the United States of America and Defendant Marymount
Manhattan College, it is hereby

ORDERED, ADJUDGED and DECREED that the United States of America is awarded
judgment in the amount of $8,392,758.43 against Marymount Manhattan College, as well as post-

judgment interest at the rate of 12% per annum compounded daily.

Agreed to by:
THE UNITED STATES

Dated: December __, 2025
JAY CLAYTON

United States Attorney for the
Southern District of New York

MARK OSMOND

Assistant United States Attorney
86 Chambers Street, Third Floor
New York, New York 10007
Tel.: (212) 637-2713

Attorney for the United States
DEFENDANT MARYMOUNT MANHATTAN COLLEGE

Dated: December _, 2025

SO ORDERED:

MARYMOUNT MANHATTAN COLLEGE

By:

Peter Naccarato
Interim President

COOLEY LLP

Russell Capone

Cooley LLP

55 Hudson Yards

New York, NY 10001-2157
rcapone@cooley.com
Attorneys for Defendant

/ J. PAUL OETKEN
United States District Judge

Dated: December 18 , 2025
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doj-media-1421606-stipulation-settlement.pdf

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doj-media-1421606-stipulation-settlement.pdf

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