Ex Parte Notice of Intervention — United States ex rel. Verity Investigations v. Marcus Evans Inc. (Dkt. 13)

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The United States' Ex Parte Notice of Intervention and Request to Partially Lift the Statutory Seal, filed 02/24/26 as Document 13 in United States of America ex rel. Verity Investigations LLC v. Marcus Evans, Inc., Civil Action No. 25-413-CFC, U.S. District Court for the District of Delaware, marked Filed Under Seal. The notice states that the United States intervenes in an action alleging that the Defendant falsely certified that it was eligible for Paycheck Protection Program loans because, when combined with its affiliated entities, it was not an eligible small business concern. It states that the United States, Defendant and Relator executed a settlement agreement effective February 20, 2026, and requests that the relator's Complaint, the Notice and an attached proposed order be unsealed. A proposed order follows.

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Case 1:25-cv-00413-CFC      Document 13       Filed 02/24/26   Page 1 of 3 PageID #: 81




               IN THE UNITED STATES DISTRICT COURT
                    FOR THE DISTRICT OF DELAWARE
_______________________________
                                )
UNITED STATES OF AMERICA, )
ex rel. VERITY INVESTIGATIONS )
LLC,                            )
                                )    Civil Action No. 25-413-CFC
            Plaintiff-Relator,  )    FILED UNDER SEAL
       v.                       )
                                )
MARCUS EVANS INC.,              )
                                )
            Defendant.          )
_______________________________)

       UNITED STATES’ EX PARTE NOTICE OF INTERVENTION AND
         REQUEST TO PARTIALLY LIFT THE STATUTORY SEAL

      Pursuant to the False Claims Act, 31 U.S.C. §§ 3730(b)(4)(A), the United

States notifies the Court that it hereby intervenes in this action, which alleges that

Defendant Marcus Evans, Inc. (“Defendant”) defrauded the United States by falsely

certifying that it was eligible to receive loans under the Paycheck Protection Program

because Defendant—when combined with its affiliated entities—was not an eligible

small business concern under the applicable regulations in violation of 31 U.S.C.

§ 3729(a).

      The United States, Defendant, and the Relator executed a settlement

agreement effective February 20, 2026 (“Settlement Agreement”), which resolves

this False Claims Act action as to the federal government. Pursuant to the Settlement

Agreement, the United States and the Relator will file a Joint Stipulation of
                                          1
Case 1:25-cv-00413-CFC      Document 13        Filed 02/24/26   Page 2 of 3 PageID #: 82




Dismissal of this case pursuant to Rule 41(a)(1) after Defendant has made the initial

settlement payment to the United States as required by the Settlement Agreement.

      Finally, the United States requests that the relator’s Complaint, this Notice,

and the attached proposed Order be unsealed. The United States requests that all

other papers on file in this action remain under seal because, in discussing the content

and extent of the United States’ investigation, such papers are provided by law to

the Court alone for the sole purpose of evaluating whether the seal and time for

making an election to intervene should be extended.

      A proposed order is attached.

                                        Respectfully submitted,

                                        BENJAMIN L. WALLACE
                                        UNITED STATES ATTORNEY

                                        /s/ Jacob Laksin
                                        Jacob Laksin
                                        Assistant United States Attorney
                                        1313 N. Market Street
                                        P.O. Box 2046
                                        Wilmington, DE 19899-2046
                                        (302) 225-9409

Dated: February 24, 2026




                                           2
Case 1:25-cv-00413-CFC     Document 13       Filed 02/24/26   Page 3 of 3 PageID #: 83




               IN THE UNITED STATES DISTRICT COURT
                    FOR THE DISTRICT OF DELAWARE
_______________________________
                                )
UNITED STATES OF AMERICA, )
ex rel. VERITY INVESTIGATIONS )
LLC,                            )
                                )    Civil Action No. 25-413-CFC
            Plaintiff-Relator,  )
       v.                       )
                                )
MARCUS EVANS, INC.,             )
                                )
            Defendant.          )
_______________________________)

                             [PROPOSED] ORDER

      The United States having intervened in this action pursuant to the False

Claims Act qui tam case, it is hereby ORDERED that:

      1.    The Complaint, the United States’ Notice of Intervention to Decline

            Intervention, and this Order shall be unsealed;

      2.    The seal shall be lifted on all matters occurring in this action after the

            date of this Order;

      3.    The United States shall provide a copy of this Order to all parties.

      IT IS SO ORDERED, this ___ day of __________________, 2026.


                                      _________________________________
                                      Honorable Colm F. Connolly
                                      Chief United States District Judge



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