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Complaint for Violations of Federal False Claims Act — Relator LLC v. West Coast Dental Services (Document 1)

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Complaint for Violations of Federal False Claims Act in United States of America ex rel. Relator LLC v. West Coast Dental Services, Inc., et al., Case 2:22-cv-03816-MRA-MAR, in the U.S. District Court for the Central District of California, filed 06/03/22 as Document 1 in camera under seal pursuant to 31 U.S.C. § 3730(b)(2). Relator LLC alleges that the defendants obtained millions of dollars in PPP proceeds and used them for personal gain such as all-cash real estate purchases instead of payroll. It alleges that Corp 1 received a first-round PPP loan of $7,343,628.00 stating 477 employees, then moved most employees to affiliated entities that collected their own first-round loans, and obtained a second-round loan of $1,043,518.00 stating 131 employees. The complaint is dated June 1, 2022 and signed /s/ Anoush Hakimi.

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“Complaint for Violations of Federal False Claims Act — Relator LLC v. West Coast Dental Services (Document 1).” Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-no-2-22-cv-03816-dkt-1-c-d-cal-2752676932/, SHA-256 ca321379f0d0c8f1672f6d48e5ebf93f8b29217632fd43e9e766fb693730ba6a.

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Case 2:22-cv-03816-MRA-MAR        Document 1     Filed 06/03/22      Page 1 of 36 Page ID
                                        #:1
                                                                t= I L ~: U
  1   Anoush Hakimi(SBN 228858)
  2   anoush(a~handslaw roup.com
      Peter Shahriari(SBN 237074)             1011 JUP~ —3 PM is 2~r
  3   peter(cr~,handslawgroup.com             ~:t ~ { ~ ~~ s ~t ~ t , #, ,_ ~,~
  4   THE LAW OFFICE OF HAKIMI & SHAH~~'~                  ~
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                                                           ~IA1:Ta~~.. ~L. Yi
      1800 Vine Street                    _ ~~,
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  5   Los Angeles, CA 90028           p/4jp
  6   Telephone:(888)635-2250
      Facsimile: ~213)402-2170    ~ ~~~ ~- ;~ ;
  7
      Attorneys for Plaintiff-Relator,      fi.+ .,s o~a"i.~~
  8
      RELATOR,LLC                               '~'~ ~f `~'
  9
 10                          UNITED STATES DISTRICT COURT
 11                         CENTRAL DISTRICT OF CALIFORNIA
 12
      UNITED STATES OF AMERICA,                     Case No.
 13
 14            Plaintiff,
                                                    COMPLAINT FOR VIOLATIONS
 15   ex rel. RELATOR LLC,a California
                                                    OF FEDERAL FALSE CLAIMS
      limited liability company,
 16                                                 ACT
 17            Relator,
                                                    FILED IN CAMERA UNDER SEAL
 18       v.                                        PURSUANT TO 31 U.S.C. §
                                                    3730(b)(2)
 19   WEST COAST DENTAL SERVICES,
 20   INC., a California corporation, COHEN DO NOT PLACE ON PACER
      SEDGH MANAVI & PAKRAVAN
 21   DENTAL CORPORATION,a
      California corporation, SOL COHEN     JURY TRIAL DEMANDED
 22
      SEDGH DDS INC., a California
 23   corporation, SOLEYMAN COHEN
 24   SEDGH DDS INC., a California
      corporation, SOL COHEN SEDGH
 25   DENTAL CORPORATION,a
 26   California corporation, PAKRAVAN
      DENTAL CORPORATION,a
 27   California corporation, FARID
 28   PAKRAVAN PROFESSIONAL


                                            COMPLAINT
Case 2:22-cv-03816-MRA-MAR      Document 1    Filed 06/03/22   Page 2 of 36 Page ID
                                      #:2


      DENTAL CORPORATION,a
  2   California corporation, CITY REAL
      ESTATE HOLDING,LLC,a
  3   California limited liability company,
  4   SOLEYMAN COHEN-SEDGH,an
      individual, FARID PAKRAVAN,an
  5   individual, and FARHAD MANAVI,an
  6   individual; and
      DOES 1-10,
  7
  8              Defendants.

  9
 10
 11
            Plaintiff-Relator, RELATOR LLC (hereinafter referred to as "Plaintiff')
 12
      complains of Defendants WEST COAST DENTAL SERVICES,INC., a
 13
 14   California corporation, COHEN SEDGH MANAVI & PAKRAVAN DENTAL
 15
      CORPORATION,a California corporation, SOL COHEN SEDGH DDS INC., a
 16
      California corporation, SOLEYMAN COHEN SEDGH DDS INC., a California
 17
 18   corporation, SOL COHEN SEDGH DENTAL CORPORATION,a California
 19
      corporation,PAKRAVAN DENTAL CORPORATION,a California corporation,
 20
      FARID PAKRAVAN PROFESSIONAL DENTAL CORPORATION,a
 21
 22   California corporation, CITY REAL ESTATE HOLDING,LLC,a California
 23
      limited liability company,SOLEYMAN COHEN-SEDGH,an individual, FARID
 24
      PAKRAVAN,an individual, and FARHAD MANAVI,an individual; and Does 1-
 25
 26   10(each,individually a "Defendant," and collectively "Defendants"), and alleges as ~
 27
      follows:
 28
                                         2
                                     COMPLAINT
Case 2:22-cv-03816-MRA-MAR         Document 1     Filed 06/03/22   Page 3 of 36 Page ID
                                         #:3


  1

                                      I.     INTRODUCTION
  3
  =~            1.    This is a case about a handful of wealthy businessmen exploiting and

  5      defrauding The United States Government by embezzling millions of dollars from
  6
         an aid program intended to help working families. These wealthy businessmen
  7
  8      defrauded the government for their own personal, unjust and unlawful enrichment,

  9      at a time of national emergency.
 10
               2.     Plaintiff-Relator, Relator LLC on behalf ofthe United States of
 11
 12      America brings this action to recover treble damages, civil penalties, and costs

 13      under the False Claims Act("FCA"), 31 U.S.C. §§ 3729-33, and to recover
 14
         damages and other monetary relief under the common law and equitable theories of
 15

 16      unjust enrichment and payment by mistake.
 17
               3.     This action arises from false and deceptive statements and claims that
 18
         the Corporate Defendants (as defined below) and their owners, officers and
 19
 20      shareholders, the Individual Defendants(as defined below), listed in the caption
 21
        (collectively "Defendants"), knowingly presented to, or caused to be presented to,
 22
        the United States and the United States Small Business Administration("SBA")
 23

24      and lenders acting on the SBA's behalf, in violation ofthe FCA and common law.
25 ~~
               4.    The Individual Defendants, among other things, used the Corporate
26
        Defendants to unlawfully obtain millions of dollars ofPPP Proceeds(as defined
27

28
                                               3
                                           COMPLAINT
Case 2:22-cv-03816-MRA-MAR       Document 1     Filed 06/03/22   Page 4 of 36 Page ID
                                       #:4


   1   below), and unlawfully misappropriated such proceeds for their own personal gain.

             5.     In their applications, the Corporate Defendants stated that they would
  J


  4    use 100% of the PPP Proceeds for payroll. They did not use the received PPP

  5    Proceeds for payroll, quite the opposite. The Defendants laid off or shuffled most of
  6
       their employees among affiliated entities and instead used the PPP Proceeds for
  7
  8    personal gain, such as all cash real estate purchases.

  9          6.     The Defendants made many material false statements in their PPP
 10
       applications, including the use of proceeds, number of employees, and retention of
 11
 12    employees.

 13          7.     The scheme is summarized in this way: Defendants received a large
 14
       first-round PPP loan for all of their 477 employees through one entity (Corp 1, as
 15
       defined below), then shortly thereafter moved most of these employees off the
 16
       company payroll onto other affiliated companies' payrolls which are inactive shell
 17
       corporations owned and controlled by the Individual Defendants. The shell
 18
       corporations(Corp 2 —Corp 7, defined below) then also collected first-round PPP
 19
       loans for these same employees, allowing for duplicate loans while also reducing
 20
 21    the number of employees (less than 300)in the original company (Corp 1) and

 22    thereby allowing it to qualify for asecond-round PPP loan. Defendants did not use

 23    the loans (all of which were forgiven by the SBA)for payroll as required, but rather

 24    embezzled the money for personal gain like real estate purchases.
 25          8.     In executing on this scheme, the first-round loan obtained by Corp 1 in
 26
       2020 was with one bank (Idaho First Bank)and Corp 1's second-round loan as well
 ~~
       as all of the other loans of the other Corporate Defendants(Corp 2 through Corp 7)
 28
                                           4
                                       COMPLAINT
Case 2:22-cv-03816-MRA-MAR       Document 1     Filed 06/03/22   Page 5 of 36 Page ID
                                       #:5


  1   which were all obtained in 2021 were with a different lender(A 1 Ocapital, LLC).

             9.     Prior to the start of the pandemic the Individual Defendants, through

  4   Corp 1, owned and operated a number of dental offices in California.

             10.    The PPP funds were not used for eligible purposes. During the course
  h
      of the pandemic, the Individual Defendants individually and through various
  7
  8   corporate entities owned and controlled by the Individual Defendants, used these

  9   ill-gotten PPP proceeds to purchase lavish multi-million-dollar second and third
 10
      homes and numerous single-family residences for speculative real estate investment
 I1
 12   in all-cash offers.

 13          1 1.   Rather than protect the paychecks of their employees, the Defendants
 14
      terminated (or shuffled around) most of their workers (about 75% ofthem) and
 15
 16   instead used government money for their own gain, to speculate on real estate

 17   during a national and global health crisis.
 18
                                 II.   THE PARTIES
 19
             12.    Plaintiff Relator LLC, is a California limited liability company with its
 20
 21   principal place of business in Los Angeles, California.
 22
            13.     Defendant West Coast Dental Services, Inc., is a California
 23
      corporation ("Corp 1") with its principal place of business at 12121 Wilshire Blvd., ~
24
25    Suite 1111, Los Angeles, California 90025.
26
             14.    During round 1 of the paycheck protection program, Corp 1 applied
 ~~
      for a PPP loan for $7,343,628.00. They were approved on Apri127, 2020 by the
?x
                                           5
                                       COMPLAINT
Case 2:22-cv-03816-MRA-MAR      Document 1      Filed 06/03/22   Page 6 of 36 Page ID
                                      #:6


  1   SBA for an amount of $7,343,628.00. The loan was facilitated by Idaho First Bank.
  2
      Corp 1 received 100% of the approved amount. The SBA forgave $7,428,331.00 of
  3
  4   this loan on June 25, 2021. On its application for this loan, Corp 1 stated that they

  5   had 477 employees with an average salary of $73,898.00 per year. This loan
  6
      hereafter referred to as the "Corp 1 Round 1 Loan."
  7
  8          15.   During round 2 of the paycheck protection program, Corp 1 requested

  9   a PPP loan for $1,043,518.00. They were approved on February 14, 2021 by the
 10
      SBA for an amount of$1,043,518.00. The loan was facilitated by AlOcapital, LLC.
 11
 12   Corp 1 received 100% of the approved amount. The SBA forgave $1,055,182.53 of
 13   this loan on March 31, 2022. On its application for this second-round loan, Corp 1
 14
      stated that they only had 131 employees with an average salary of $38,236.00 per
 15
 16   year. This loan hereafter referred to as the "Corp 1 Round 2 Loan." In other words,
 17   between the time oftheirfirst-round loan and their second-round loan they had
 18
      terminated(or shuffled around)346, or roughly 73.4% oftheir employees.
 19
 20         16.    Defendant Cohen Sedgh Manavi & Pakravan Dental Corporation, is a
 21
      California corporation ("Corp 2") with its principal place of business at 12121
 22
      Wilshire Blvd., Suite 1111, Los Angeles, California 90025.
 23
 24         17.    During round 1 ofthe paycheck protection program, Corp 2 requested
 25
      a PPP loan for $1,995,000.00. They were approved on February 24, 2021 by the
 26
      SBA for an amount of$1,995,000.00. The loan was facilitated by AlOcapital, LLC.
 27
 28
                                          6
                                      COMPLAINT
Case 2:22-cv-03816-MRA-MAR      Document 1     Filed 06/03/22   Page 7 of 36 Page ID
                                      #:7


  1   Corp 2 received 100% of the approved amount. The SBA forgave $2,014,130.14 of

      this loan on February 14, 2022. On its application for this loan, Corp 2 stated that
  J


  4   they had 218 employees with an average salary of $43,927.00 per year. This loan

      hereafter referred to as the "Corp 2 Loan." Plaintiff alleges that Corp 2's 218
  6
      employees were actually Corp 1 employees that were fraudulently listed on Corp
  7
  8   2's books so that Corp 1 could show less than 300 employees for its second-round

  9   PPP application and so that the Defendants could receive additional first-round
 10
      proceeds for these same Corp 1 employees through Corp 2.
 11
 12         18.    Defendant Sol Cohen Sedgh Dds Inc., is a California corporation

 1 3 ("Corp 3") with its principal place of business at 12121 Wilshire Blvd., Suite 1111,
 14
      Los Angeles, California 90025.
 1>
 16         19.    During round 1 of the paycheck protection program, Corp 3 requested

 17   a PPP loan for $267,612.00. They were approved on March 27, 2021 by the SBA
 18
      for an amount of $267,612.00. The loan was facilitated by AlOcapital, LLC. Corp 3
 19
 20   received 100% of the approved amount. The SBA forgave $270,068.16 of this loan
 21   on March 3, 2022. On its application for this loan, Corp 3 stated that they had 23
 22
      employees with an average salary of $55,849.00 per year. This loan hereafter
 23
 24   referred to as the "Corp 3 Loan." Plaintiff alleges that Corp 3's 23 employees were
 25
      actually Corp 1 employees that were fraudulently listed on Corp 2's books so that
 26
      Corp 1 could show less than 300 employees for its second-round PPP application
 27
 28
                                          7
                                      COMPLAINT
Case 2:22-cv-03816-MRA-MAR        Document 1     Filed 06/03/22   Page 8 of 36 Page ID
                                        #:8


  1     and so that the Defendants could receive additional first-round proceeds for these

        same Corp 1 employees through Corp 3.

  4           20.    Defendant Soleyman Cohen Sedgh Dds Inc., is a California

        corporation ("Corp 4") with its principal place of business at 12121 Wilshire Blvd.,
  6
        Suite 1 ll 1, Los Angeles, California 90025.
  7 ~
  8           21.    During round 1 of the paycheck protection program, Corp 4 requested
  c~
        a PPP loan for $148,481.00. They were approved on March 25, 2021 by the SBA
 10
        for an amount of $148,481.00. The loan was facilitated by A l Ocapital, LLC. Corp 4
 11
 12     received 100% of the approved amount. The SBA forgave $1.49,676.98 of this loan

 13     on January 21, 2022. On its application for this loan, Corp 4 stated that they had 18
 14
        employees with an average salary of $39,595.00 per year. This loan hereafter
 1>
 16     referred to as the "Corp 4 Loan." Plaintiff alleges that Corp 4's 18 employees were
 17     actually Corp 1 employees that were fraudulently listed on Corp 4's books so that
 18
        Corp 1 could show less than 300 employees for its second-round PPP application
 19
 ?0     and so that the Defendants could receive additional first-round proceeds for these
 21     same Corp l employees through Corp 4.
 ~~
              22.   Defendant Sol Cohen Sedgh Dental Corporation, is a California
 23
 24     corporation ("Corp 5") with its principal place of business at 12121 Wilshire Blvd.,
 25
        Suite 1111, Los Angeles, California 90025.
26
 ~~           23.   During round 1 of the paycheck protection program, Corp 5 requested

 ~x

                                        COMPLAINT
Case 2:22-cv-03816-MRA-MAR      Document 1      Filed 06/03/22   Page 9 of 36 Page ID
                                      #:9


  1   a PPP loan for $173,235.00. They were approved on March 30, 2021 by the SBA
  2
      for an amount of $173,235.00. The loan was facilitated by A l Ocapital, LLC. Corp 5
  3
  4   received 100% of the approved amount. The SBA forgave $174,758.52 of this loan

  5   on February 17, 2022. On its application for this loan, Corp 5 stated that they had
  6
      15 employees with an average salary of $55,435.00 per year. This loan hereafter
  7
  8   referred to as the "Corp 5 Loan." Plaintiff alleges that Corp 5's 15 employees were

  9   actually Corp 1 employees that were fraudulently listed on Corp 5's books so that
 10
      Corp 1 could show less than 300 employees for its second-round PPP application
 ll
 12   and so that the Defendants could receive additional first-round proceeds for these
 13   same Corp 1 employees through Corp 5.
 14
            24.    Defendant Pakravan Dental Corporation, is a California corporation
 15
 16 ("Corp 6") with its principal place of business at 12121 Wilshire Blvd., Suite 1111,
 17   Los Angeles, California 90025.
 18
            25.    During round 1 ofthe paycheck protection program, Corp 6 requested
 19
 20   a PPP loan for $199,616.00. They were approved on March 30, 2021 by the SBA
 21
      for an amount of $199,616.00. The loan was facilitated by A l Ocapital, LLC. Corp 6
22
      received 100% of the approved amount. The SBA forgave $201,448.09 of this loan
23
24    on March 4, 2022. On its application for this loan, Corp 6 stated that they had 13
25
      employees with an average salary of$73,704.00 per year. This loan hereafter
26
      referred to as the "Corp 6 Loan." Plaintiff alleges that Corp 6's 13 employees were
27
28
                                            0
                                       COMPLAINT
Case 2:22-cv-03816-MRA-MAR       Document 1 Filed 06/03/22       Page 10 of 36 Page ID
                                       #:10


   1   actually Corp 1 employees that were fraudulently listed on Corp 6's books so that
  2
       Corp 1 could show less than 300 employees for its second-round PPP application
  3
  4    and so that the Defendants could receive additional first-round proceeds for these

  5    same Corp 1 employees through Corp 6.
  6
             26.    Defendant Farid Pakravan Professional Dental Corporation is a
  7
  8    California corporation ("Corp 7") with its principal place of business at 12121

  9    Wilshire Blvd., Suite 1111, Los Angeles, California 90025.
  10
             27.    During round 1 of the paycheck protection program, Corp 7 requested
 11
 12 ~ a PPP loan for $182,167.00. They were approved on March 23, 2021 by the SBA
 13    for an amount of $182,167.00. The loan was facilitated by A l Ocapital, LLC. Corp 7
 14
       received 100% of the approved amount. The SBA forgave $183,873.88 of this loan
 15
 16    on March 3, 2022. On its application for this loan, Corp 7 stated that they had 8
 17    employees with an average salary of $109,300.00 per year. This loan hereafter
 18
       referred to as the "Corp 7 Loan." Plaintiff alleges that Corp 7's 8 employees were
 19
 20    actually Corp 1 employees that were fraudulently listed on Corp 7's books so that
 21
       Corp 1 could show less than 300 employees for its second-round PPP application
 22
       and so that the Defendants could receive additional first-round proceeds for these
 23
 24    same Corp 1 employees through Corp 7.
 25
             28.   Corp 1, Corp 2, Corp 3, Corp 4, Corp 5, Corp 6 and Corp 7 shall
 26
       hereinafter be referred to as the Corporate Defendants.
 27
             29.   Defendant Soleyman Cohen-Sedgh ("Cohen-Sedgh) is an individual
 28
                                           10
                                       COMPLAINT
Case 2:22-cv-03816-MRA-MAR        Document 1 Filed 06/03/22       Page 11 of 36 Page ID
                                        #:11


       and (a)the Chief Executive Officer and Chief Financial Officer of Corp 1,(b)a
       Director of Corp 2,(c)the Chief Executive Officer and ChiefFinancial Officer of
       Corp 3,(d)the ChiefExecutive Officer and Chief Financial Officer of Corp 4,(e)
  4
       the Chief Executive Officer and ChiefFinancial Officer of Corp 5,(~ a director of
  5
       Corp 6 and(g)a director of Corp 7.
  6
              30.   Farid Pakravan ("Pakravan")is an individual and (a)the Secretary of
  7
       Corp 1,(b)the Secretary of Corp 2,(c)the Secretary of Corp 3,(d)the Secretary of

  c~   Corp 4,(e)the Secretary of Corp 5,(~ the Chief Executive Officer and Chief

 10    Financial Officer of Corp 6 and (g)the Chief Executive Officer and Chief Financial

 11    Officer of Corp 7.

 12          31.    Farhad Manavi("Manavi")is an individual and(a)a Director of Corp

 13    1,(b)the Chief Executive Officer and Chief Financial Officer of Corp 2, and (c) a
 14    Director of Corp 5.
 15          32.    Cohen-Sedgh,Pakravan and Manavi are hereafter referred to as the
 16    Individual Defendants.
 17          33.    Plaintiff is informed and believes that the Individual Defendants are
 18
       shareholders and owners ofthe Corporate Defendants.
 19
             34.    Plaintiff is informed and believes that the Individual Defendants
 20
       exercise control over and manage the affairs ofthe Corporate Defendants.
 21
             35.    Plaintiff is informed and believes that the Corporate Defendants are all
 22
       affiliates and affiliated as these terms are defined in the "Affiliation Rules
 23
       Applicable to U.S. Small Business Administration Paycheck Protection Program"
 24
 25    dated Apri13, 2020.

 26          36.    In total the Corporate Defendants received $11,353,257.00 as follows:

 27
 ~g
                                            11
                                        COMPLAINT
Case 2:22-cv-03816-MRA-MAR             Document 1 Filed 06/03/22     Page 12 of 36 Page ID
                                             #:12


   1              Borrower         Loan Amount      Anuroved Date   Employees             Lender
   2        Corp 1 -Round 1        $7,343,628.00        4/27/2020         477    Idaho First Bank
            Corp 1 -Round 2        $1,043,518.00        2/14/2021         131    Al Ocapital, LLC
   3                 Corp 2        $1,995,000.00        2/24/2021         218    Al Ocapital, LLC
  4                  Corp 3          $267,612.00        3/27/2021          23    Al Ocapital, LLC
                     Corp 4          $148,481.00        3/25/2021          18    Al Ocapital, LLC
   5
                     Corp 5          $173,235.00        3/30/2021          15    AlOcapital, LLC
  6                  Corp 6          $199,616.00        3/30/2021          13    AlOcapital, LLC
                     Corp 7          $182,167.00        3/23/2021           8    AlOcapital, LLC
  7
  8                      Total     $11,353,257.00

  9
  10             37.     City Real Estate Holding, LLC, is a California limited liability
  11       company ("Real Estate LLC") with a principal place of business at 9903 Santa
       i
  12       Monica Blvd., 921 Beverly Hills, California 90212. This business address is a
 13        mailbox rental address.
 14
                 38.     During round 1 of the paycheck protection program, Real Estate LLC
 15
           requested a PPP loan for $20,833.00. They were approved on April 8, 2021 by the
 16
           SBA for an amount of $20,833.00. The loan was facilitated by Harvest Small
 17
           Business Finance, LLC. Real Estate LLC received 100% ofthe approved amount.
 18
           The SBA forgave $20,933.21 ofthis loan on October 15, 2021. On its application
 19
           for this loan, Real Estate LLC stated that they had 1 employee with an average
 20
 21        salary of $99,994.00 per year.

 22              39.     Manavi is the Chief Executive Officer, manager and member of Real

 23        Estate LLC.
 24              40.     Plaintiff is informed and believes that the one employee claimed by
 25        Real Estate LLC on its PPP loan application is Manavi.
 26                    III.      The CARES Act and Paycheck Protection Program
 27              41.     On March 27, 2020, the Coronavirus Aid, Relief, and Economic
 28
                                                  12
                                              COMPLAINT
Case 2:22-cv-03816-MRA-MAR         Document 1 Filed 06/03/22      Page 13 of 36 Page ID
                                         #:13


   1     Security Act ("the CARES Act" or "the Act")(Pub. L. 116-136) became law and

         provided emergency assistance and health care response for individuals, families,

   4     and businesses affected by the coronavirus pandemic. SBA received funding and

         authority through the Act to modify existing loan programs and establish a new
  6
         loan program to assist small businesses nationwide adversely impacted by the
   7
  8      COVID-19 emergency.

  9            42.    The CARES Act authorized loans to eligible small businesses
  10
         struggling to pay employees and other business expenses as a result of the
  1]
 12      devastating effect of the COVID-19 pandemic.
  13           43.    Section 1102 of the CARES Act temporarily permitted the SBA to
  14
         guarantee 100 percent of 7(a) loans under a new program titled the "Paycheck
  1>
  16     Protection Program"("PPP").
 17            44.    On April 24, 2020, the Paycheck Protection Program and Health Care
 18
         Enhancement Act(Pub. L. 116-139) became law and provided additional funding
 19
 20      and authority for the PPP. On June 5, 2020, the Paycheck Protection Program
 21
         Flexibility Act of 2020 (Flexibility Act)(Pub. L. 116-142) became law and changed
 22
         key provisions of the Paycheck Protection Program, including provisions relating to ~
 23
 24      the maturity of PPP loans, the deferral of PPP loan payments, and the forgiveness
 ~5 '~
         of PPP loans. Case 9:20-cv-81717-DMM Document 52 Entered on FLSD Docket
 26
         05/20/2022 Page 2 of 28
 27
 28
                                             13
                                         COMPLAINT
Case 2:22-cv-03816-MRA-MAR        Document 1 Filed 06/03/22       Page 14 of 36 Page ID
                                        #:14


   1          45.    Under the PPP,in 2020, eligible businesses could obtain one SBA
   2
       guaranteed PPP loan. Businesses were required to spend loan proceeds for
   3
   4   employee compensation, rent or mortgage, and other specified expenses and,

   5   depending on their use ofthe loan proceeds, could qualify for loan forgiveness, up
  6
       to the full amount ofthe loan.
  7
  8          46.     The SBA delegated authority to third-party lenders to underwrite and

  9    approve the PPP loans. In order to obtain a PPP loan, a qualifying business (through
  10
       its authorized representative) signed and submitted a PPP loan application(SBA
  11
  12   Form 2483)online through the lender's application platform. The PPP loan

  13   application(SBA Form 2483)required the business (through its authorized
 14
       representative)to acknowledge the PPP program rules and make certain affirmative
 15
 16    certifications in order to be eligible to obtain the PPP loan.
 17          47.     Once the Borrower submitted its PPP loan application(SBA Form
  18
       2483)to a Lender, the participating lender processed the PPP loan application. If a
 19
 20    PPP loan application(SBA Form 2483) was approved by the participating lender, it
 21
       thereafter funded the PPP loan using its own monies, which were 100% guaranteed
 22
       by the SBA.
 23
 24          48.     After the Lender processed and approved a borrower's PPP loan
 25
       application(Form 2483), but prior to the closing ofthe PPP loan, the Lender
 26
       submitted to the SBA,the Lender's Application -Paycheck Protection Program
 27
 28
                                            14
                                        COMPLAINT
Case 2:22-cv-03816-MRA-MAR      Document 1 Filed 06/03/22     Page 15 of 36 Page ID
                                      #:15


   1   Loan Guaranty(SBA Form 2484)to the SBA applying for a guarantee on the loan.
  2
       For a PPP loan to be approved, the Lender was required to Answer Yes to the
  3
  4    following questions in the Lender's Application -Paycheck Protection Program

  5    Loan Guaranty(SBA Form 2484)as to the Borrower's certification of its General
  6
       Eligibility to receive a PPP Loan:
  7
  8             The Applicant has certified to the Lender that (1)     1'eS    ❑No
                it was in operation on February 15, 2020, has not
  9              permanently closed, and was either an eligible
 10             self-employed individual, independent contractor,
                or sole proprietorship with no employees or had
 11             employees for whom it paid salaries and payroll
 12             taxes or paid independent contractors, as reported
                on Forms) 1099MISC; (2) current economic
 13             uncertainty makes this loan request necessary to
 14             support the ongoing operations of the Applicant;
               (3) the funds will be used to retain workers and
 15             maintain payroll, or make payments for mortgage
 16             interest, rent, utilities, covered operations
                expenditures, covered property damage costs,
 17
                covered supplier costs, and covered worker
 18             protection expenditures; and (4) the Applicant has
                not and will not receive another loan under the
 19            Paycheck Protection Program, section 7(a)(36) of
 20             the Small Business Act (15 U.S.C. 636(a)(36))
               (this does not include Paycheck Protection
 21
               Program second draw loans, section 7(a)(37) of
 22             the Small Business Act 15 U.S.C. 636 a 37
 23
 24    SBA Form 2484 (emphasis added). Therefore, if a PPP borrower lied on its PPP
 25
       loan application(SBA Form 2483), the PPP borrower's false certification caused
 26
       the Lender to submit to the SBA with respect to that PPP Loan, a Lender's
 27
 28
                                          15
                                      COMPLAINT
Case 2:22-cv-03816-MRA-MAR        Document 1 Filed 06/03/22      Page 16 of 36 Page ID
                                        #:16


   1     Application -Paycheck Protection Program Loan Guaranty(SBA Form 2484)that
   2
         contained the PPP borrower's False Statement.
   3
  4            49.    SBA Form 2483 provides the following certification, among others

   5     "All SBA loan proceeds will be used only for business-related purposes as specified
  6
         in the loan application and consistent with the Paycheck Protection Program Rule"
  7
  8 (hereafter the "Use ofProceeds Certification")
  9            50.    SBA Form 2483 additionally provides the following certification,
 10
         among others: "Current economic uncertainty makes this loan request necessary to
 11
 12      support the ongoing operations ofthe Applicant"(hereafter the "Economic
 13      Necessity Certification").
 14
               51.    SBA Form 2483 additionally provides the following certification,
 15
 16      among others:"The funds will be used to retain workers and maintain payroll or
 17      make mortgage interest payments, lease payments, and utility payments, as
 18
         specified under the Paycheck Protection Program Rule; I understand that if the
 19
 20      funds are knowingly used for unauthorized purposes, the federal government may
 21      hold me legally liable, such as for charges offraud"(hereafter the "Worker
 22
         Retention and Payroll Certification.")
 23
 24 '~         52.   SBA Form 2483 additionally provides the following certification,

         among others:"The Applicant was in operation on February 15,2020 and had
 ~~
 ~~      employees for whom it paid salaries and payroll taxes or paid independent

 28
                                            16
                                        COMPLAINT
Case 2:22-cv-03816-MRA-MAR       Document 1 Filed 06/03/22       Page 17 of 36 Page ID
                                       #:17


   1   contractors, as reported on Forms) 1099-MISC"(hereafter the "In Operation
   2
       Certification").
   3
  4          53.    SBA Form 2483 additionally provides the following certification,

   5   among others: "During the period beginning on February 15, 2020 and ending on
  6
       December 31, 2020, the Applicant has not and will not receive another loan under
   7
  8    the Paycheck Protection Program"(hereafter the "No Other Loan Certification")

  9          54.    After the borrower submitted the PPP loan application, that application
  10
       was then processed by a participating lender. If a PPP loan application was
 11
  12   approved, the participating lender funded the loan using its own monies, which

 13    were then guaranteed by the SBA. Generally, in the event that the borrower
 14
       defaulted on a PPP loan, the SBA would purchase the borrower's debt from the
  1J
  16   lending financial institution and take on the responsibility for paying back the loan.

 17          55.    Under the applicable PPP rules and guidance, recipients of PPP loans
 18
       could apply to have the interest and principal on the PPP loan fully forgiven,
 19
 20    meaning that the borrower would owe nothing and would have no obligation to
 21    repay the PPP loan. To obtain full forgiveness of the PPP loan, borrowers had to
 22
       attest that they had "not reduced the number of employees or the average paid hours
 23
 24    of[their] employees" during the loan period, that the loan proceeds had been spent
 ZJ
       on payroll costs and other permitted expenses and that at least 60% of the loan
 ~~
       proceeds had been spent on payroll costs (hereafter the "Loan Forgiveness
 27
 28
                                           17
                                       COMPLAINT
Case 2:22-cv-03816-MRA-MAR        Document 1 Filed 06/03/22        Page 18 of 36 Page ID
                                        #:18


   1   Certification").

              56.   Borrowers who qualified for and received a "First Draw" PPP loan

   4   were permitted, to apply fora "Second Draw" PPP loan, provided that the borrower

       had (a) previously received a First Draw PPP loan and had used the full amount
  6
       only for authorized uses;(b) had no more than 300 employees (the "300 Employee
   7
   8   Rule"); and (c)could demonstrate at least a 25%reduction in gross receipts

   y   between comparable quarters in 2019 and 2020 (hereafter "Second Draw

       Certification").
  11
  l2         57.    Like the First Draw PPP loans, Second Draw PPP loans could only be

  13   used for certain permitted expenses, such as to fund payroll costs and employee
  14
       benefits, such as health insurance, to pay for, mortgage interest, rent, utilities or
 15
 16    worker protection costs related to COVIDI9.

 17    IV.    Defendants' Fraudulent Scheme of Shuffling Employees to Shell Entities
 18
                to Collect Duplicate Payroll Sums —False Statements and Misuse of
 19
                                                 Proceeds
 20
                                              a. Corp 1
 21
             58.    Defendants received a PPP loan for all their 477 employees through
 22
       Corp 1, then shuffled most of them around to shell entities to collect duplicate loans
 23
       for the same employees and to reduce the number of employees (to below 300)in
 24
       the original company (Corp 1) such that Corp 1 would qualify for a second loan.

 ~h    Defendants then did not use the loan for payroll, but rather for personal gain.

 27          59.    In their application for the Corp 1 Round 1 Loan, which was approved

 28
                                            18
                                        COMPLAINT
Case 2:22-cv-03816-MRA-MAR        Document 1 Filed 06/03/22       Page 19 of 36 Page ID
                                        #:19


   1   on Apri127, 2020, Corp 1 certified that they had 477 employees, with an average
       salary of $73,898.00 per year and that 100% of the loan proceeds would be used fo1-
  -,
  J
       payroll. The SBA forgave $7,428,33].00 of this loan on June 25, 2021.
  4
              60.    Less than one year later, Corp 1 applied for a Round 2 Loan, which

       was approved on February 14, 2021. In that application Corp 1 certified a business
  6
  7    related major drop in the number of employees, only 131 employees, with an
  8
       average salary of $38,236.00 per year. They also promised that 100% of the loan
  9
 10    proceeds would be used for payroll. The SBA forgave $1,055,182.53 of this loan on

 1 1 ~' March 31, 2022.
 12
              61.    In other words, even though Corp 1 certified on its application for the
 13
       Corp 1 Round 1 Loan that it would retain its workers Corp 1 actually terminated (or
 14
       for some reason shuffled to other entities) 346, or roughly 73.4% of their
 1~
       employees in less than one year. It is evident that the funds were not used to retain
 16
       workers.
 17
 18          62.     Corp 1's failure to use the loan proceeds of the Corp Round 1 Loan for

 19    payroll and employee retention constitutes a violation of the Use of Proceeds

 20    Certification and the Worker Retention and Payroll Certification.
 21          63.    Since the Corp 1 Round 1 Loan was forgiven and Corp 1 reduced the
 22    average number of it's employees by 73.4%, when Corp 1 made the Loan
 23    Forgiveness Certification, that certification was false.
 24          64.    Corp 1 terminated (or otherwise separated) 73.4% of its employees
 25
       after it received the Corp 1 Round 1 Loan, when Corp 1 made the Second Draw
 26
       Certification, so that certification was false.
 27
             65.    Corp 1 also certified it had. less than 300 employees for its Round 2
 ~~
                                             19
                                         COMPLAINT
Case 2:22-cv-03816-MRA-MAR         Document 1 Filed 06/03/22      Page 20 of 36 Page ID
                                         #:20


   1   Loan, but that was also false. That statement was false because prior to submitting
   2   the second-round loan application most of Corp 1's employees were fraudulently
   3
       listed as employees of Corp 2 through Corp 7.
  4
                66.   Plaintiff is informed and believes and herein alleges that the proceeds
   5
       of the Corp 1 Round 1 Loan and the Corp 1 Round 2 Loan were not used for
  6
       permitted purposes and therefore when Corp 1 made the Use of Proceeds
  7
       Certification, the Worker Retention and Payroll Certification and the Loan
  8
       Forgiveness Certification with respect to each of the loans, the certifications were
  9
  10   false.

  11                                          b. Corp 2

  12            67.   Corp 2 is a shell corporation. It was not in operation and was not active

 13    until the PPP presented an opportunity for the Defendants to steal.
 14             68.   Corp 2 was originally formed on November 10, 2010 by filing of
 15    Articles of Incorporation with the California Secretary of State. Since July 28, 2011
 16    until May 27, 2020 (right after the Corp 1 Round 1 Loan was approved) Corp 2 lay
 17    dormant. There were no filings with the California Secretary of State. For more
 18
       than nine years, Corp 2 filed nothing with the California Secretary of State. There
 19
       was also no activity which could be detected in any media or other record. As of the
 20
       date of this Complaint Corp 2 is delinquent with the filing of its Statement of
 21
       Information with the California Secretary of State.
 22
                69.   Corp 2's first filing after this extended period of dormancy was on
 23
       May 27, 2020, immediately after Corp 1 had obtained afirst-round loan and the 300 ~
 24
 25    Employee Rule was known to the Defendants.

 26             70.   Under the 300 Employee Rule, Corp 1 was ineligible and prohibited

 27    from obtaining a second round PPP loan because it had more than 300 employees,
 28
                                             20
                                         COMPLAINT
Case 2:22-cv-03816-MRA-MAR         Document 1 Filed 06/03/22      Page 21 of 36 Page ID
                                         #:21


   1    in reality.
   2           71.    Plaintiff is informed and believes that Corp 2 was exploited by the
   3
        Defendants as a way to evade the 300 Employee Rule enabling it to fraudulently
   4
        obtain loan proceeds for employees already claimed by Corp 1.

               72.    Plaintiff is informed and believes that the 218 employees set forth in
   6
        Corp 2's PPP application were actually employees of Corp 1, for which Corp 1 had
   7
        already received PPP loan proceeds. They were then shuffled to Corp 2 for two
   8
        reasons: 1)to allow Corp 1 to evade the 300 Employee Rule for its second-round
   q
        loan and; 2)to allow Corp 2 to get another loan for the same employees, to
  i[~
        "double-dip" for payroll costs already received by Corp 1 for the same employees

  12    in its first round loan.

  13          73.     Plaintiff is informed and believes and herein alleges that the proceeds

  14    of the Corp 2 Loan were not used for permitted purposes and therefore when Corp 2
  1>    made the Use ofProceeds Certification, the Worker Retention and Payroll
  16    Certification and the Loan Forgiveness Certification with respect to each of the
  17    loans, the certifications were false.
  18
              74.     Plaintiff is informed and believes and herein alleges that Corp 2 was
  19
        not in operation on February 15, 2020 and did not have employees for whom it paid
 20
        salaries and payroll taxes or paid independent contractors, as reported on Forms)
 21
        1099-MISC, and therefore when Corp 2 made the In Operation Certification, that
 22
        certification was false.
 23
              75.     Plaintiff is informed and believes and herein alleges that when the
 24
 25     authorized representative of Corp 2 made the No Other Loan Certification, such

 26     certification was not made in "good-faith" as required because the object of the

 27     certification was to evade the 300 Employee Rule restriction on Corp 1 and to
 ?g
                                             21
                                         COMPLAINT
Case 2:22-cv-03816-MRA-MAR        Document 1 Filed 06/03/22      Page 22 of 36 Page ID
                                        #:22


   1   double-dip, and therefore such certification was false.
   2                                         c. Corp 3
   3
              76.    Corp 3 is a shell corporation. It was not in operation and was not active
  4
       until the PPP presented an opportunity for the Defendants to steal.
   5
  6           77.    Corp 3 was originally formed on October 13, 1994 upon the filing of
  7
       Articles of Incorporation with the California Secretary of State. From 1997 until
  8
       2009 the only events with the California Secretary of State were delinquencies and
  9
  10   failures of Corp 3 to follow corporate formalities.
  11
              78.    Under the 300 Employee Rule, Corp 1 was ineligible and prohibited
  12
       from obtaining a second round PPP loan because it had more than 300 employees,
  13
  14   in reality.
  15
              79.    Plaintiff is informed and believes that Corp 3 was exploited by the
  16
       Defendants as a way to evade the 300 Employee Rule enabling it to fraudulently
 17
       obtain loan proceeds for employees already claimed by Corp 1.
 18
              80.    Plaintiff is informed and believes that the 23 employees set forth in
 19
       Corp 3's PPP application were actually employees of Corp 1, for which Corp 1 had
 20
 21    already received PPP loan proceeds. They were then shuffled to Corp 3 for two

 22    reasons: 1)to allow Corp 1 to evade the 300 Employee Rule for its second-round

 23    loan and; 2)to allow Corp 3 to "double-dip" for payroll costs already received by

 24    Corp 1 for the same employees in its first round loan.
 25          81.     Plaintiff is informed and believes and herein alleges that the proceeds
 26    of the Corp 3 Loan were not used for permitted purposes and therefore when Corp 2
 27    made the Use ofProceeds Certification, the Worker Retention and Payroll
 28
                                            22
                                        COMPLAINT
Case 2:22-cv-03816-MRA-MAR        Document 1 Filed 06/03/22      Page 23 of 36 Page ID
                                        #:23


   1   Certification and the Loan Forgiveness Certification with respect to each ofthe
  2    loans, the certifications were false.
  3
              82.   Plaintiff is informed and believes and herein alleges that Corp 3 was
  4
       not in operation on February 15, 2020 and did not have employees for whom it paid
  5
       salaries and payroll taxes or paid independent contractors, as reported on Forms)
  6
       1099-MISC, and therefore when Corp 3 made the In Operation Certification, that
  7
       certification was false.
  8
             83.    Plaintiff is informed and believes and herein alleges that when the
  9
  10   authorized representative of Corp 3 made the No Other Loan Certification, such

 11    certification was not made in "good-faith" as required because the object of the

 12    certification was to evade the 300 Employee Rule restriction on Corp 1 and to

 13    double-dip, and therefore such certification was false.
 14                                            d. Corp 4
 15         84.     Corp 4 is a shell corporation. It was not in operation and was not active ~
 16 .until the PPP presented an opportunity for the Defendants to steal.
 17           85. Corp 4 was originally formed on Apri12, 2001 upon the filing of
 18
       Articles ofIncorporation with the California Secretary of State. From 2004 until
 19
       2019 the only events with the California Secretary of State were delinquencies and
 20
       failures of Corp 4 to follow corporate formalities.
 21
             86.    Following this extended period of failing to comply with corporate
 22
       formalities on May 4, 2021 Corp 4 filed a Statement of Information. As of the date
 23
       of this Complaint, Corp 4 is again delinquent with respect to filing its required
 24
 25    Statement ofInformation.

 26          87.    Corp 4's first filing after this extended period of dormancy was on

 27    May 4, 2021, after Corp 1 had obtained afirst-round loan and the 300 Employee
 28
                                            23
                                        COMPLAINT
Case 2:22-cv-03816-MRA-MAR         Document 1 Filed 06/03/22      Page 24 of 36 Page ID
                                         #:24


   1    Rule was known to the Defendants.
   2           88.    Under the 300 Employee Rule, Corp 1 was ineligible and prohibited
   3
        from obtaining a second round PPP loan because it had more than 300 employees,
   4
        in reality.
               89.    Plaintiff is informed and believes that Corp 4 was exploited by the
  6
        Defendants as way to evade the 300 Employee Rule and to fraudulently obtain loan
   7
        proceeds for employees already claimed by Corp 1.
   8
   c~         90.     Plaintiff is informed and believes that the 18 employees set forth in

  lU    Corp 4's PPP application were actually employees of Corp 1, for which Corp 1 had

  I1    already received PPP loan proceeds. They were then shuffled to Corp 4 for two

  12    reasons: 1)to allow Corp 1 to evade the 300 Employee Rule for its second-round

  13    loan; and 2)to allow Corp 4 to get another loan for the same employees, to
  14    "double-dip" for payroll costs already received by Corp 1 for the same employees
  15    in its first round loan.
  16          91.     Plaintiff is informed and believes and herein alleges that the proceeds
  17    of the Corp 4 Loan were not used for permitted purposes and therefore when Corp 4
 18
        made the Use ofProceeds Certification, the Worker Retention and Payroll
 19
        Certification and the Loan .Forgiveness Certification with respect to each of the
 20 '
        loans, the certifications were false.
 21
              92.     Plaintiff is informed and believes and herein alleges that Corp 4 was
 22
        not in operation on February 15, 2020 and did not have employees for whom it paid
 23
        salaries and payroll taxes or paid independent contractors, as reported on Forms)
 24
 ~~     1.099-MISC, and therefore when Corp 4 made the In Operation Certification, that

 ~~     certification was false.
 ~~           93.     Plaintiff is informed and believes and herein alleges that when the

 ?R
                                             24
                                         COMPLAINT
Case 2:22-cv-03816-MRA-MAR            Document 1 Filed 06/03/22       Page 25 of 36 Page ID
                                            #:25


      1   authorized representative of Corp 4 made the No Other Loan Certification, such
          certification was not made in "good-faith" as required because the object of the
   -,
          certification was to evade the 300 Employee Rule restriction on Corp 1 and to
  4
          double-dip, and therefore such certification was false.
                                                 e. Corp 5
  6
                  94.    Corp 5 is a shell corporation. It was not in operation and was not active
  7
  8       until the PPP presented an opportunity for the Defendants to steal.

  9               95.    Corp 5 was originally formed on September 26, 2001 upon the filing
  10
          of Articles of Incorporation with the California Secretary of State. From 2001 until
 11
          2018 the only events with the California Secretary of State were delinquencies and
 12
          failures of Corp 5 to follow corporate formalities. In 2018 Corp 5 followed a
 13
          statement of information and then failed to file any other required documents unti 1
 14
          2021. Following this extended period of failing to comply with corporate
 IS
          formalities on May 4, 2021, Corp 5 filed a Statement of Information.
 16
                 96.     Corp 5's first filing after this extended period of dormancy was on
 17
 18       May 4, 2021, after Corp 1 had obtained afirst-round loan and the 300 Employee

 19       Rule was known to the Defendants.
 ~~              97.     Under the 300 Employee Rule, Corp 1 was ineligible and prohibited
 21       from obtaining a second round PPP loan because it had more than 300 employees,
 22       i n reality.
 23              98.     Plaintiff is informed and believes that Corp 5 was exploited by the
 24       Defendants as a way to evade the 300 Employee Rule enabling it to fraudulently
 25
          obtain loan proceeds for employees already claimed by Corp 1.
 26
                 99.     Plaintiff is informed and believes that the 18 employees set forth in
 27
          Corp 5's PPP application were actually employees of Corp 1, for which Corp 1 had
 28
                                                25
                                            COMPLAINT
Case 2:22-cv-03816-MRA-MAR        Document 1 Filed 06/03/22      Page 26 of 36 Page ID
                                        #:26


   1   already received PPP loan proceeds. They were then shuffled to Corp 5 for two
  2    reasons: 1)to allow Corp 1 to evade the 300 Employee Rule for its second-round
  3
       loan; and 2)to allow Corp 5 to get another loan for the same employees, to
  4
       "double-dip" for payroll costs already received by Corp 1 for the same employees
  5
       in its first round loan.
  6
              100. Plaintiff is informed and believes and herein alleges that the proceeds
  7
       of the Corp 5 Loan were not used for permitted purposes and therefore when Corp 5
  8
       made the Use ofProceeds Certification, the Worker Retention and Payroll
  9
 10    Certification and the Loan Forgiveness Certification with respect to each of the

 11    loans, the certifications were false.

 12           101. Plaintiff is informed and believes and herein alleges that Corp 5 was

 13    not in operation on February 15, 2020 and did not have employees for whom it paid
 14    salaries and payroll taxes or paid independent contractors, as reported on Forms)
 15    1099-MISC, and therefore when Corp 5 made the In Operation Certification, that
 16    certification was false.
 17           102. Plaintiff is informed and believes and herein alleges that when the
 18
       authorized representative of Corp 5 made the No Other Loan Certification, such
 19
       certification was not made in "good-faith" as required because the object of the
 20
       certification was to evade the 300 Employee Rule restriction on Corp 1 and to
 21
       double-dip, and therefore such certification was false.
 22
                                               f. Corp 6
 23
             103. Corp 6 is a shell corporation. It was not in operation and was not active
 24
 25    until the PPP presented an opportunity for the Defendants to steal.
 26
             104. Corp 6 was originally formed on August 19, 2002 upon the filing of
 27
       Articles of Incorporation with the California Secretary of State. From 2002 until
 28
                                           "~
                                        COMPLAINT
Case 2:22-cv-03816-MRA-MAR       Document 1 Filed 06/03/22      Page 27 of 36 Page ID
                                       #:27


   1    2018 the only events with the California Secretary of State were delinquencies and
   2   failures of Corp 6 to follow corporate formalities. In 2018 Corp 6 filed a statement
   3
        of information and then failed to file any other required documents until 2021.
  4
       Following this extended period of failing to comply with corporate formalities on
   5
        May 4, 2021, Corp 6 filed a Statement of Information.
  6
              105. Corp 6's first filing after this extended period of dormancy was on
  7
        May 4, 2021, after Corp 1 had obtained afirst-round loan and the 300 Employee
  8
       Rule was known to the Defendants.
  9
  10          106. Under the 300 Employee Rule, Corp 1 was ineligible and prohibited

  11   from obtaining a second round PPP loan because it had more than 300 employees,

 12    in reality.

 13           107. Plaintiff is informed and believes that Corp 6 was exploited by the
 14    Defendants as a way to evade the 300 Employee Rule enabling it to fraudulently
 15    obtain loan proceeds for employees already claimed by Corp 1.
 16           108. Plaintiff is informed and believes that the 13 employees set forth in
 17    Corp 6's PPP application were actually employees of Corp 1, for which Corp 1 had
 18
       already received PPP loan proceeds. They were then shuffled to Corp 6 for two
 19
       reasons: 1)to allow Corp 1 to evade the 300 Employee Rule for its second-round
 20
       loan; and 2)to allow Corp 6 to get another loan for the same employees, to
 21
       "double-dip" for proceeds already received by Corp 1 for the same employees in its
 22
       first-round loan.
 23
              109. Plaintiff is informed and believes and herein alleges that the proceeds
 24
 25    ofthe Corp 6 Loan were not used for permitted purposes and therefore when Corp 6~

 26    made the Use ofProceeds Certification, the Worker Retention and Payroll

 27    Certification and the Loan Forgiveness Certification with respect to each of the
 28
                                           27
                                       COMPLAINT
Case 2:22-cv-03816-MRA-MAR        Document 1 Filed 06/03/22      Page 28 of 36 Page ID
                                        #:28


   1   loans, the certifications were false.
  2           1 10. Plaintiff is informed and believes and herein alleges that Corp 6 was
  3
       not in operation on February 15, 2020 and did not have employees for whom it paid
  4
       salaries and payroll taxes or paid independent contractors, as reported on Forms)
  5
       1099-MISC, and therefore when Corp 6 made the In Operation Certification, that
  6
       certification was false.
  7
              1 11. Plaintiff is informed and believes and herein alleges that when the
  8
       authorized representative of Corp 6 made the No Other Loan Certification, such
  9
 10    certification was not made in "good-faith" as required because the object of the

 11    certification was to evade the 300 Employee Rule restriction on Corp 1 and to

 12    double-dip, and therefore such certification was false.

 13                                            g. Corp 7
 14          1 12. Corp 7 is a shell corporation. It was not in operation and was not active
 15
       until the PPP presented an opportunity for the Defendants to steal.
 16
             1 13. Corp 7 was originally formed on July 24, 2002 upon the filing of
 17
 18    Articles of Incorporation with the California Secretary of State. From 2002 until

 19    2008 the only events with the California Secretary of State were delinquencies and

 20    failures of Corp 7 to follow corporate formalities, including its suspension in 2005
 21    and revivor in 2008. From its revivor in 2008 to the filing of a statement of
 22    information 2018, none ofthe other many required filings were made with the
 23    Secretary of State. In 2018 Corp 7 filed a statement of information and then failed
 24    to file any other required documents unti12021. Following this extended period of
 25
       failing to comply with corporate formalities on March 1, 2021, Corp 7 filed a
 26
       Statement ofInformation.
 27
             1 14. Corp 7's first filing after this extended period of dormancy was on
 28
                                            28
                                        COMPLAINT
Case 2:22-cv-03816-MRA-MAR        Document 1 Filed 06/03/22      Page 29 of 36 Page ID
                                        #:29


   1    March 1, 2021, after Corp 1 had obtained afirst-round loan and the 300 Employee
   2   Rule was known to the Defendants.
   3
              1 15. Under the 300 Employee Rule, Corp 1 was ineligible and prohibited
  4
       from obtaining a second round PPP loan because it had more than 300 employees,
       in reality.
  6
              1 16. Plaintiff is informed and believes that Corp 7 was exploited by the
  7
       Defendants as a way to evade the 300 Employee Rule enabling it to fraudulently
  8
       obtain loan proceeds for employees already claimed by Corp l .
  9
              1 17. Plaintiff is informed and believes that the 8 employees set forth in
  10
 11    Corp 7's PPP application were actually employees of Corp 1, for which Corp 1 had

 12    already received PPP loan proceeds. They were then shuffled to Corp 7 for two

 13    reasons: 1)to allow Corp 1 to evade the 300 Employee Rule for its second-round
 14    loan; and 2)to allow Corp 7 to get another loan for the same employees, to
  l~   "double-dip" for payroll costs already received by Corp 1 for the same employees
 16    in its first-round loan.
 17           1 18. Plaintiff is informed and. believes and herein alleges that the proceeds
 18
       of the Corp 7 Loan were not used for permitted purposes and therefore when Corp 7
 19
       made the Use ofProceeds Certification, the Worker Retention and Payroll
 20
       Certification and the Loan Forgiveness Certification with respect to each of the
 21
       loans, the certifications were false.
 22
              1 19. Plaintiff is informed and believes and herein alleges that Corp 7 was
 23
       not in operation on February 15, 2020 and did not have employees for whom it paid
 24
 25    salaries and payroll taxes or paid independent contractors, as reported on Forms)

 ~h    1099-MISC, and therefore when Corp 6 made the In Operation Certification, that
 ~~    certification was false.
 ~K
                                            29
                                        COMPLAINT
Case 2:22-cv-03816-MRA-MAR       Document 1 Filed 06/03/22       Page 30 of 36 Page ID
                                       #:30


   1          120. Plaintiff is informed and believes and herein alleges that when the
  2    authorized representative of Corp 7 made the No Other Loan Certification, such
  3
       certification was not made in "good-faith" as required because the object of the
  4
       certification was to evade the 300 Employee Rule restriction on Corp 1 and to
  5
       double-dip, and therefore such certification was false.
  6
       h. The Defendants' Embezzlement of the Loan Funds -Pandemic Real Estate
  7
                                            Buying Spree
  8
              121. Real Estate LLC is an entity that is owned and controlled by Manavi.
  9
 10           122. On July 2, 2020, through Real Estate LLC, Manavi purchased that

 11    certain real property located at 1131 N Westmoreland Ave., Los Angeles California

 12    90029 in an all-cash offer for $900,000.                                             i

 13           123. On August 24, 2020, Manavi purchased the property located at 2187
 14    Summitridge Drive, Beverly Hills, California 90210 for $4,375,000.
 15           124. On March 26, 2021, through Real Estate LLC, Manavi purchased that
 16    certain property located at 216 N Park View St, Los Angeles, California 90026 in
 17    an all-cash offer for $847,000. Manavi then transferred the property to 216 N Park
 18
       View LLC,a California limited liability company, owned and managed by his
 19
       brother Farshad Manavi.
 20
              125. On June 7, 2021, Pakravan purchased the property located at 24314
 21
       Malibu Rd., Malibu, California 90265 for $9,700,000. Pakravan thereafter
 22
       quitclaimed the property to Fun and Malibu Road LLC, a California limited
 23
       liability company in which he and Cohen-Sedgh are both members.
 24
 25          126. On June 29, 2021, through Real Estate LLC, Manavi purchased that

 26    certain property located at 7951 Capistrano Avenue, Canoga Park, California 91304

 27    in an all-cash offer for $640,000.

 28
                                           30
                                       COMPLAINT
Case 2:22-cv-03816-MRA-MAR       Document 1 Filed 06/03/22       Page 31 of 36 Page ID
                                       #:31


   1          127. On August 9, 2021, the Individual Defendants, through Washington
  2    and Norwalk LLC, purchased that property located at 7910 Norwalk Blvd.,
  3
       Whittier, California 90606. Washington and Norwalk,LLC is a California limited
  4
       liability company that is owned and controlled by the Individual Defendants.
  5
              128. On August 30, 2021, through Real Estate LLC, Manavi purchased that
  6
       certain property located at 1546 W Avenue L12, Lancaster, California 93534 in an
  7
       all-cash offer for $373,000.
  8
              129. On November 4, 2021,through Real Estate LLC, Manavi purchased
  9
  10   that certain property located at 17159 Lassen St., Northridge, California 91325 in

 11    an all-cash offer for $652,500.

 12                              V.      THE FALSE CLAIMS ACT

 13           130. Plaintiff alleges that, from at least Apri127, 2020 through the time of
 14    the filing of this Complaint, Defendants violated the FCA by "knowingly"
 15    submitting and/or causing the submission of false claims for payment to lenders
 16    authorized by the SBA to process PPP loan applications in the form ofPPP
 17    Applications and the resulting receipt and failure to return PPP loans. These claims
 18
       for payment were false because Defendants:(1) made knowingly false statements
 19
       and certifications in their PPP applications, and in certifications accompanying its
 20
       receipt of federal PPP funds, that it was complying with, and would continue to
 21
       comply with, applicable laws and regulations governing the award ofPPP loans;
 22
       and/or(2) made, or caused to be made, false representations in loan applications
 23
       that the Corporate Defendants were eligible to receive such PPP loans. Moreover,
 24
 25    Defendants' false claims caused on numerous occasions Idaho First Bank and

 26    A l OCapital, LLC to submit to the SBA,a Lender's Application -Paycheck

 27    Protection Program Loan Guaranty(SBA Form 2484)that contained Defendants'
 28
                                             31
                                         COMPLAINT
Case 2:22-cv-03816-MRA-MAR         Document 1 Filed 06/03/22       Page 32 of 36 Page ID
                                         #:32


     1   false statement concerning Corporate Defendants' general eligibility for the PPP
     2   loans, on which the SBA relied and paid to the lenders.
     3
                131. The False Claims Act prohibits fraudulent conduct in connection with
     4
         federal programs, including the knowing submission of false claims for payment to
     5
         the government.
     6
         See 31 U.S.C. § 3729(a)(1)(A). In these circumstances, liability may attach if the
     7
         omission renders those representations misleading. 41.31 U.S.C. § 3729(a)(1)(A)
     K
         and(B)ofthe FCA provide that:
     9
 lU                  (1)...any person who—

 11                  (A)knowingly presents, or causes to be presented, a false or fraudulent

 12 ~ claim for payment or approval; [or]
 13                  (B)knowingly snakes, uses, or causes to be made or used, a false
 14      record or statement material to a false or fraudulent claim,
 1J

  16                 (G)knowingly makes, uses, or causes to be made or used, a false
 17      record or statement material to an obligation to pay or transmit money or property
 18
         to the Government, or knowingly conceals or knowingly and improperly avoids or
 19
         decreases an obligation to pay or transmit money or property to the Government,
 20
         is liable to the United States Government .. .
 21
                      31 U.S.C. § 3729(a)(1)(A),(B), and(G)(2020).
 22
                     42. The scope of a false or fraudulent claim is to be broadly construed.
 23
         As used in the FCA, a "claim"
 24 I
 2                   (A)means any request or demand, whether under a contract or

 ~h      otherwise, for money or property and whether or not the United States has title to

 27      the money or property, that-
 ?g
                                             32
                                         COMPLAINT
Case 2:22-cv-03816-MRA-MAR         Document 1 Filed 06/03/22        Page 33 of 36 Page ID
                                         #:33


     1                (i) is presented to an officer, employee, or agent of the United States;
     2   or
     3
                      (ii) is made to a contractor, grantee, or other recipient, if the money or
     4
         property is to be spent or used on the Government's behalf or to advance a
     5
         Government program or interest, and if the United States Government—
     6
         (I) provides or has provided any portion ofthe money or property requested or
     7
         demanded; or
     8
                     (II) will reimburse such contractor, grantee, or other recipient for any
     9
 [Dl portion ofthe money or property which is requested or demanded;...
  11     31 U.S.C. § 3729(b)(2)(2020).

 12             132. A person who violates the False Claims Act during the time period at

 13      issue "is liable for a civil penalty as adjusted, plus 3 times the amount of damages
 14      which the United States Government sustains because ofthe act ofthat person." 31
 1       U.S.C. § 3729(a). See 28 C.F.R. § 85.3(a)(9); Department of Justice, 28 CFR Part
 16      85, Civil Monetary Penalties Inflation Adjustments for 2022 published at:
 17      https://www.govinfo.gov/content/pkg/FR-2022-05-09/pdf/2022-09928.pdf.
 18
                                   VI.    JURISDICTION &VENUE
 19
               133. This Court has subject matter jurisdiction over the Plaintiff's claims
 20
 21      brought under the FCA,31 U.S.C. §§ 3279, et seq., pursuant to 31 U.S.C. §§ 3730

 22      and 3732. This Court has supplemental jurisdiction to entertain the common law
 23
         and equitable causes of action under 28 U.S.C. § 1367(a).
 24
 ~S            1 34. This Court has personal jurisdiction over Defendants pursuant to 31

 26      U.S.C. § 3732(a) because at all times material hereto, Defendants transacted
 27
         business and are found in the Central District of California, and acts proscribed by
 28
                                             33
                                         COMPLAINT
Case 2:22-cv-03816-MRA-MAR           Document 1 Filed 06/03/22     Page 34 of 36 Page ID
                                           #:34


   1   31 U.S.C. § 3729 occurred in this district.

              135. Venue is proper in this district pursuant to 31 U.S.C. § 3732(a), and

   4   under 28 U.S.C. §§ 1391(b) and 1395(a), because the Corporate Defendants are all

       California entities headquartered at the same office in Los Angeles County, all
   h
       within the Central District of California. Moreover, the Individual Defendants
  7
   8   reside and do business in Los Angeles County within the Central District of

  9    California. Furthermore, acts that form the basis of this Complaint occurred in the
  10
       Central District of California.
  I1
 12           1 36. Relator's claims and this Complaint are not based upon prior public

  13   disclosures of allegations or transactions in a federal criminal, civil, or
  14
       administrative hearing in which the Government or its agent is a party; in a
 15
 16    congressional, Government Accountability Office, or other federal report, hearing,

 ]7    audit, or investigation; or from the news media. To the extent that there has been a
 18
       public disclosure unknown to Relator, it is the "original source" within the meaning
 19
 20    of 31 U.S.C. § 3730(e)(4)(B) and/or the public disclosure is a result of Relator

 21
       voluntarily providing this information to the United States Government prior to
 22
       filing this qui tam action.
 23
 24                            VII. FIRST CAUSE OF ACTION
 25
            FALSE OR FRAUDULENT CLAIMS(31 U.S.C.§ 3729.(a)(1)(A-B))
 26
              1 37. Plaintiff alleges and incorporates by reference each and every
 27
 28
                                              34
                                          COMPLAINT
Case 2:22-cv-03816-MRA-MAR       Document 1 Filed 06/03/22       Page 35 of 36 Page ID
                                       #:35


   1   allegation contained in all prior paragraphs of this complaint.

              138. This is a claim for treble damages and penalties under the False Claims
   3
   4   Act, 31 U.S.C. § 3729, et seq., as amended.

              139. By virtue of the acts described above, Defendants knowingly
  6
       presented, or caused to be presented, to an officer or employee of the United States
   7
   8   government, false or fraudulent claims for payment or approval, in violation of the

  9    Fca,31 u.s.c. § 3~29(a)(1)(A).
  to
             1.40. By virtue of the acts described above, Defendants knowingly made or
  11
  12   used, or caused to be made or used, false or fraudulent records or statements

 13    material to false or fraudulent claims for payment by the Government.
 14
             141. Because of the Defendants' acts, the United States sustained damages
 15
  16   in an amount to be determined at trial and, therefore, is entitled to treble damages

 ]7
       under the FCA, plus civil penalties of not less than $12,537.00 and not more than
 18
       $25,076.00 for each and every violation arising from Defendants' unlawful conduct
 19
 20    alleged herein.
 21
 22
                                    PRAYER FOR RELIEF
 23
 ~~          WHEREFORE,qui tam Plaintiff/Relator prays for judgment against
 ~~
       Defendants, as follows:
 ~~
 ~~          1. That this Court enter judgment against each Defendant in an amount equal ~

 ~g
                                             35
                                       COMPLAINT
Case 2:22-cv-03816-MRA-MAR      Document 1 Filed 06/03/22        Page 36 of 36 Page ID
                                      #:36


   1            to three times the damages that the United States has sustained because of

                Defendants' action, plus a civil penalty of not less than $12,537.00 and
   3

   4            not more than $25,076.00 for each and every false claim as are required.

   i
                by law, together with all such further relief as may be just and proper.
  6
            2. Such other relief as this Court may deem just and proper, together with
   7

   8            interest and costs ofthis action.

  9         3. Reasonable attorney fees, litigation expenses, and costs of suit
  10
                                        JURY DEMAND
  11

  12        Plaintiff demands a trial by jury on all issues so triable.

  13

 14    Dated: June 1, 2022             THE LAW OFFICE OF HAKIMI & SHAHRIARI

  IS

 1C                                    By:    /s/ Anoush Hakimi
 17                                           ANOUSH HAKIMI,ESQ.
                                              Attorney for Plaintiff RELATOR LLC
 18

 19

 20

 21

 22

 23

 24

 25

 26
 ~~
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                                           36
                                       COMPLAINT


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