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False Claims Act Complaint — U.S. ex rel. Lesko v. LaFontaine Management, Inc. (E.D. Mich.)

Summary

A False Claims Act Complaint filed 12/08/23 as ECF No. 1 in United States of America ex rel. Patricia Lesko and Bram Lesko v. LaFontaine Management, Inc., Case 2:23-cv-13130-MFL-KGA, Civil Action No. 23-13130, U.S. District Court for the Eastern District of Michigan, marked Filed Under Seal under 31 U.S.C. § 3730(B)(2), with a jury trial demanded. The complaint alleges that the Defendant violated the False Claims Act by certifying that it was eligible to receive a Paycheck Protection Program (PPP) loan and knowingly concealing facts in order to receive forgiveness of the loan. It states that Defendant is alleged to be liable for the amount of PPP funds received for which it was ineligible, the loan forgiveness received over the initial loan, and the loan processing fees paid by the SBA to a lender.

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Cite this document

“False Claims Act Complaint — U.S. ex rel. Lesko v. LaFontaine Management, Inc. (E.D. Mich.).” Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-no-2-23-cv-13130-dkt-1-e-d-mich-b706e6fc6f/, SHA-256 f483acec8c77b49860d3d594320af50c8817ebe798d4c40c82e6b092599c53c7.

Full text

Case 2:23-cv-13130-MFL-KGA ECF No. 1, PageID.84 Filed 12/08/23 Page 1 of 21




             IN THE UNITED STATES DISTRICT COURT
            FOR THE EASTERN DISTRICT OF MICHIGAN

UNITED STATES OF AMERICA, §
ex rel. PATRICIA LESKO AND       §
BRAM LESKO,                      §
                                 § CIVIL ACTION NO. 23-13130
         Plaintiff and Relators, §
                                 §
vs.                              §
                                 §
                                 § FILED UNDER SEAL
LAFONTAINE MANAGEMENT, §
INC.                             §
                                 § JURY TRIAL DEMANDED
         Defendant.              §

       FALSE CLAIMS ACT COMPLAINT FILED UNDER SEAL
                  UNDER 31 U.S.C. § 3730(B)(2)

      The United States of America ex rel. Patricia Lesko and Bram Lesko files

this action against Defendant LaFontaine Management, Inc. (“LaFontaine

Management”), and in support thereof alleges the following:

                      I.    NATURE OF THE ACTION

      1.    This action arises out of Defendant’s violation of the False Claims

Act (the “FCA”) by certifying that it was eligible to receive a Paycheck

Protection Loan and knowingly concealing those facts in order to receive

forgiveness of its obligation to repay that loan. The certification and acts of

concealment were material facts relied upon by the Small Business




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Administration (“SBA”) in approving the loan application and loan forgiveness

application.

       2.      Defendant is liable for (1) the amount of PPP funds received by

LaFontaine Management for which it was ineligible; (2) the amount of loan

forgiveness received by LaFontaine Management over and above the amount of

the initial loan received; and (3) the loan processing fees paid by the SBA to a

Lender for the loan disbursed and forgiven due to the fraudulent conduct alleged

herein, as well as for the additional penalties enumerated in the False Claims

Act.

                                   II.   PARTIES

       3.      Relator Patricia Lesko is a United States citizen and a resident of

Michigan. She brings this action as an original source based upon direct and

unique information she has obtained based in part on her experience as an

investigative reporter. To her knowledge, the information contained herein has

not been publicly disclosed.

       4.      Relator Bram Lesko is a United States citizen and a resident of

Michigan. He brings this action as an original source based on direct and unique

information he has obtained in part due to his experience in working with

Defendant, its associated companies, and other automotive groups. To his

knowledge, the information contained herein has not been publicly disclosed.


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      5.     The United States is the real plaintiff in interest with respect to the

claims asserted in this matter. The defrauded loan programs are administered

and supervised by the Small Business Administration, an independent, cabinet-

level agency of the Federal Government.

      6.    Defendant LaFontaine Management, Inc., is a Michigan

corporation that was incorporated in 2005 and has its principal place of business

at 4000 W. Highland Rd., Highland, Michigan 48357. It may be served through

its registered agent, Michael T. LaFontaine Sr., at 4000 W. Highland Rd.,

Highland, Michigan 48357.

                     III.   JURISDICTION AND VENUE

      7.    This Court has personal jurisdiction over Defendant as Defendant

has adequate minimum contacts with the State of Arizona.

      8.    This Court has jurisdiction over this action under 28 U.S.C. § 1331

and 31 U.S.C. §§ 3732(a) and 3730(b), which provide this Court with original

jurisdiction to hear a qui tam action. Relators are “original sources” and bring

this action in the name of the United States as contemplated by the FCA, 31

U.S.C. §§ 3729-33.

      9.    Venue is proper in this district because Defendant can be found in,

resides in, and/or transacts business in this judicial district. Moreover, acts

prohibited by 31 U.S.C.§ 3729 have been committed by Defendants in this


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judicial district, making venue proper under 28 U.S.C. § 1391(c) and 31 U.S.C.

§ 3732(a).

      10.    There has been no public disclosure of the “allegations or

transactions” in this Complaint, including in any criminal, civil, or

administrative hearing, nor in any congressional, administrative or General

Accounting Office or Auditor General’s report, hearing, audit, or investigation,

or in the news media. As detailed below, Relators have direct and personal

knowledge of such allegations and transactions. To the extent that any such facts

herein become public, Relators voluntarily provided disclosures of these

allegations and transactions to the United States pursuant to FCA requirements

prior to such public release or knowledge.

                                  IV.    FACTS

   A. The CARES Act and PPP Loans

      11.    The Coronavirus Aid, Relief, and Economic Security Act (“CARES

Act”) is a law intended to address the economic effects of the COVID-19

pandemic in the United States.

      12.    The CARES Act led to, among other things, the Paycheck

Protection Program (“PPP”). See CARES Act, No. 116-136 (March 27, 2020).

The PPP is a loan program that was designed to provide eligible small businesses

low-interest loans that would be guaranteed by the SBA with support from the


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Department of the Treasury.

      13.    The PPP provided small businesses with funds to pay up to 24

weeks of payroll costs, including benefits. While similar in most ways to existing

SBA loan programs, the CARES Act suspended the ordinary requirement that

borrowers must be unable to obtain credit elsewhere, as defined in the Small

Business Act. 15 U.S.C. § 632(h). The PPP section of the CARES Act also

expanded eligibility for SBA loans beyond the limitations of the Small Business

Act. 15 U.S.C. §§ 632, 636.

      14.    The following entities that were affected by COVID-19 were

eligible to apply for PPP funding:

      a. Any small business concern that met SBA’s size standards (either the

         industry-based size standard or the alternative size standard);

      b. Any business, 501(c)(3) non-profit organization, 501(c)(19) veterans

         organization, or tribal business concern (sec. 31(b)(2)(C) of the Small

         Business Act) with the greater of:

            i. 500 employees, or

            ii. That meets the SBA industry standard size if more than 500;

      c. Any    business   with      a   NAICS   code   that   begins   with   72

         (Accommodations and Food Services) that has more than one physical

         location and employs less than 500 per location.


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      15.     The size of a business concern is determined under the SBA’s size

standards as they apply to the “concern whose size is at issue and all of its

domestic and foreign affiliates.” 13 C.F.R. § 121.301(f)(6).

      16.     An entity could also be eligible for a PPP loan as a small business

if, 1) as of March 27, 2020, the maximum tangible net worth of the business was

not more than $15 million and 2) the average net income of the business after

federal income taxes (excluding any carry-over losses) for the two full fiscal years

before the date of the application was not more than $5 million.

      17.   To apply for a PPP loan, entities submitted their First Draw

Borrower Application Form to a federally insured depository institution or

credit union, or a Farm Credit System, of their choice. That chosen lender

processed the applications and, if approved, funded the loans.

      18.   The SBA guaranteed 100% of the outstanding balance of these

loans, and this guarantee was backed by the full faith and credit of the United

States. 15 U.S.C. § 636(a)(2)(F).

      19.   The SBA also paid processing fees to each lender who funded PPP

loans. These processing fees were based on the size of the loan funded. For first

draw PPP loans, those fees were: five percent for loans up to $350,000; three

percent for loans between $350,000 and $2,000,000; and one percent for loans

of at least $2,000,000.


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      20.   Most loans made under the PPP have been forgiven. As of January

2023, NPR analyzed publicly available data and found that 92% of PPP loans,

including loans to companies with wealthy owners, had been forgiven. See

https://www.npr.org/2023/01/09/1145040599/ppp-loan-forgiveness,             last

accessed on November 19, 2023.

      21.   To be eligible for loan forgiveness, PPP borrowers were required to

complete SBA Form 3508, 2508S, or 3508EZ to calculate eligible payroll and

nonpayroll costs that qualified to be forgiven. To achieve forgiveness of their

loans, borrowers were required to certify that the amount for which forgiveness

was requested:

      a. Did not exceed the principal amount of the PPP loan;

      b. Was used to pay business costs that were eligible for forgiveness

         (payroll costs to retain employees; business mortgage interest

         payments; business utility payments; covered operations expenditures;

         covered property damages costs; covered supplier costs; or covered

         worker protection expenditures);

      c. Included all applicable reductions due to decreases in the number of

         full-time equivalent employees and salary/hourly wage reductions;

      d. Included payroll costs equal to at least 60% of the forgiveness amount;

         and


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      e. For any owner-employee with an ownership stake of 5% or more, or

          any self-employed individual or general partner, did not exceed more

          than 2.5 months’ worth of compensation received during the year used

          to calculate the loan amount, capped at $20,833 per individual in total

          across all businesses.

Paycheck Protection Program Loan Forgiveness Application Form 2508,

Revised July 30, 2021.

      22.       Borrowers were further required to certify that they submitted all

required documentation to their Lender, verifying payroll costs, the existence of

obligations and service prior to February 15, 2020, and eligible business

mortgage interest payments, rent or lease payments, and utility payments. Id.

      23.       Finally, borrowers were not entitled to forgiveness of a PPP loan

unless they certified that all information provided in the loan application,

supporting documents, and other forms was true and correct in all material

respects. Id.

   B. SBA Limitations on Affiliation and Loan Eligibility with Exceptions


      24.       To apply for a PPP loan, all applicants were required to submit SBA

Form 2483, which required the applicant to indicate “yes” or “no” to the

question, “Is the Applicant or any owner of the Applicant an owner of any other

business, or have common management with any other business? If yes, list all


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such businesses and describe the relationship on a separate sheet identified as

addendum A.” SBA Form 2483, “Paycheck Protection Program Borrower

Application Form” (April 2020).

      25.   SBA explained that “applicants in SBA’s Business Loan Programs

(which include the PPP) are subject to the affiliation rule contained in 13 CFR

§ 121.301.” SBA Interim Final Rule “Business Loan Program Temporary

Changes; Paycheck Protection Program.” 85 Fed. Reg. 20,819 (April 15, 2020).

      26.   Under the relevant provisions of the Code of Federal Regulations,

entities that have the power to control another are affiliates of one another.

Entities that are controlled by the same third party are affiliates of each other

and of the third party. 13 CFR § 121.301(f).

      27.   Moreover, if a principal of one entity controls the management of

another, or if a single individual controls the management or Board of Directors

of multiple entities, those entities are affiliates of one another. 13 CFR §

121.301(f)(3).

      28.   The CARES Act waived the § 121.301 affiliation provisions for a

limited category of business concerns: 1) businesses in the Accommodation and

Food Services sector as determined by their North American Industry

Classification System (NAICS) code, 2) businesses operating as a franchise that

has been assigned a franchise identifier code by the SBA, and 3) businesses


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receiving financial assistance from a licensed Small Business Investment

Company (SBIC). 15 U.S.C. § 636(a)(36)(D)(iv).

      29.   On the PPP Loan Borrower Application Form, the loan applicant

must indicate whether or not it is a franchise listed in the SBA’s Franchise

Directory, although the applicant is not required to list the Franchise Identified

Code issued by the SBA on this form. SBA Form 2483, “Paycheck Protection

Program Borrower Application Form” (April 2020).

   C. The False Claims Act

      30.   The False Claims Act, or FCA, as set out in 31 U.S.C. § 3729(a)(1),

prohibits knowingly presenting, or causing to be presented, or conspiring to

present to the United States any false or fraudulent claim for payment. Further,

as set out in 31 U.S.C. § 3729(a)(2), the FCA prohibits knowingly presenting,

causing to be presented, or conspiring to make or use a false record or statement

to obtain payment or approval for a false or fraudulent claim.

      31.    Each violation of the FCA is a violation of federal law that is

punishable by three times the amount of the actual damages sustained by the

government, as well as a civil penalty of between $13,508 and $27,018 per claim

for violations that occurred after November 1, 2015, and for which penalties are

assessed after January 30, 2023.




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      32.    Under the FCA, the term “knowingly” means that a person, with

respect to information, (1) has actual knowledge of the information; (2) acts in

deliberate ignorance of the truth or falsity of the information; or (3) acts in

reckless disregard of the truth or falsity of the information. The FCA does not

require proof of a specific intent to defraud.

      33.    Defendant’s actions, described below, constitute the submission of

false and fraudulent claims in violation of the FCA. Defendant submitted a false

loan application, improperly received PPP funds, and improperly received

forgiveness of its loan.

   B. Defendant’s Business and Affiliates

      34.    Defendant is a management company associated with the

“LaFontaine Automotive Group,” which includes 54 retail franchises, 9

collision centers, and 34 Michigan retail locations (together with Defendant, the

“LaFontaine Companies”). Defendant serves as the overall manager of the retail

locations and collision centers, handling finances, personnel, and vendor

relationships for the other LaFontaine Companies.

      35.    Defendant and the other LaFontaine Companies share officers,

directors, personnel, and management, and all have the same registered agent.

On information and believe, all LaFontaine Companies maintain their financial

accounts at The State Bank, and all such accounts are controlled by Defendant.


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Defendant maintains financial control over the operations of all other

LaFontaine Companies. All LaFontaine Companies are managed by the officers

of Defendant, who include Michael LaFontaine, Maureen LaFontaine, and

Ryan LaFontaine. Kelley LaFontaine, while not an officer of Defendant, also

acts as an executive and manager of the LaFontaine Companies.

      36.     Due to this common ownership and control, Defendant and the

other LaFontaine Companies are affiliates of each other under 13 C.F.R. §

121.301.

      37.     Under the affiliate rules of the SBA, the LaFontaine Companies do

not qualify as a small business enterprise. Together, the companies employ 2600

people      and   have   an   annual   revenue   of   over   $2   billion.   See

https://www.familydeal.com/about-us/ , last accessed on November 21, 2023.

   C. Defendant Wrongfully Applies for, Receives, and Obtains Forgiveness
      for a PPP Loan.


      38.     On April 4 and 5, 2020, 17 of the LaFontaine Companies, including

Defendant, were approved for PPP loans through The State Bank. Each loan

application listed the same address and the same agent and was signed by the

same company representative. Together, the 17 LaFontaine Companies

received PPP loans in the amount of $14,635,000, as follows (with Defendant’s

loan highlighted):



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   Borrower Name Loan Amount           Date Approved Originating Lender
LAFONTAINE
BUICK GMC OF
ANN ARBOR INC             $557,500          4/4/20           The State Bank
LAFONTAINE CDJR
LANSING INC               $847,500          4/4/20           The State Bank
LAFONTAINE
FORD INC                  $664,500          4/4/20           The State Bank
LAFONTAINE
BUICK GMC INC             $557,500          4/5/20           The State Bank
LAFONTAINE CDJR
OF FENTON INC            $1,226,500         4/4/20           The State Bank
LAFONTAINE
FORD OF
FRANKENMUTH
INC                       $588,500          4/5/20           The State Bank
LAFONTAINE
IMPORT OF
FARMINGTON
HILLS INC                 $588,500          4/4/20           The State Bank
LAFONTAINE
CADILLAC BUICK
GMC INC                  $3,129,500         4/4/20           The State Bank
LAFONTAINE
MOTORS INC               $1,259,000         4/5/20           The State Bank
LAFONTAINE
MANAGEMENT
INC                      $1,000,000         4/5/20           The State Bank
LAFONTAINE
SUBARU INC                $706,000          4/5/20           The State Bank
LAFONTAINE
VOLKSWAGEN INC            $456,000          4/4/20           The State Bank
LAFONTAINE
IMPORT MOTORS
INC                       $672,500          4/5/20           The State Bank
LAFONTAINE
CHEVROLET INC            $1,025,000         4/4/20           The State Bank
LAFONTAINE CDJR
OF CLINTON INC            $435,000          4/4/20           The State Bank
LAFONTAINE
SALINE INC                $712,000          4/5/20           The State Bank
LAFONTAINE
IMPORTS OF ANN
ARBOR INC                 $209,500          4/5/20           The State Bank




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      39.   Of the LaFontaine Companies who obtained PPP loans, sixteen of

them are Michigan automotive dealerships that have dealership agreements with

the automobile manufacturers for whom they sell cars. Because these

automotive manufacturers have franchise identifier codes, those sixteen

borrowers were eligible for PPP loans, despite failing to qualify for such loans

due to their size, due to the franchise exception under the CARES Act. Such

loans therefore appear to have been lawfully obtained.

      40.   However, Defendant LaFontaine Management, Inc. does not sell

cars and does not operate under a franchise agreement. As such, Defendant did

not qualify for PPP funds under any of the applicable small business size

standards, including affiliation rules, used by the SBA for purposes of the PPP

and did not fall into any available exceptions. Defendant was thus not eligible

to receive a PPP loan in the amount of $1,000,000.

      41.   As a result of Defendant’s fraudulent PPP loan, The State Bank

received a 3% loan processing fee from the SBA in the amount of $30,000.

      42.   On June 11, 2021, all seventeen PPP loans taken by the LaFontaine

Companies were forgiven. Defendant received loan forgiveness in the amount

of $1,011,534 – slightly more than the amount it had “borrowed” from the

federal government.


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   D. Relators’ Knowledge of the Fraud

      43.   Relator Patricia Lesko is an independent investigative journalist

who has worked to expose fraud and corruption for over 14 years. In 2020, in

the course of writing a data-driven piece for The Ann Arbor Independent, of

which she is the editor, Ms. Lesko familiarized herself with PPP loan eligibility

requirements and consulted with the president of a local bank to learn about and

understand the PPP loan process. She also developed a proprietary dataset

combining information about PPP loan application data, NAICS code size

standards, and affiliate groupings.

      44.   As the result of intensive investigation and the careful review and

aggregation of public data from several different sources, Ms. Lesko and her son,

Bram Lesko, identified automotive groups as a potential source of PPP loan

fraud, and ultimately identified Defendant as an automotive-related company

who had fraudulently received, and been forgiven, such a loan.

      45.   Relator Bram Lesko works in marketing and class administration at

Detroit Training Center and is also a freelance videographer/photographer. Mr.

Lesko has recently worked in the automotive sales industry as a photographer

and manager for a company called CarData Inc. In that role, Mr. Lesko worked

with several dealerships and automotive groups, including the LaFontaine

Automotive Group and some of the LaFontaine Companies.


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      46.   In his business dealings with the LaFontaine Companies, Mr. Lesko

became aware that the companies were all managed by the same people, who

are officers, directors, executives, or employees of Defendant LaFontaine

Management. For example, one LaFontaine Management employee, Courtney,

handled the negotiations for a corporate price structure for photography of

automobiles for all the LaFontaine retail dealership locations. This experience

in working with the LaFontaine Companies, combined with his knowledge of

PPP loan fraud from his mother’s work and a press release regarding a

settlement between the United States Government and another automotive

group relating to fraudulent PPP loans, led Mr. Lesko to suggest to his mother

that they investigate the loans obtained by the LaFontaine Companies.

      47.   Relators now bring this action on behalf of the United States of

America to recover the damages caused by Defendant’s fraud against the PPP

program and the SBA.

                        V.    CAUSES OF ACTION

                                  COUNT I

     FALSE CLAIMS ACT – PRESENTATION OF FALSE CLAIMS

      48.   The preceding paragraphs are incorporated.

      49.   Relator brings this civil action on behalf of the United States of

America against Defendants under the False Claims Act, 31 U.S.C. §§ 3729-33.



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      50.      During the relevant period, Defendant knowingly presented or

caused to be presented a materially false or fraudulent claim for payment to the

United States, through the Small Business Administration, in violation of 31

U.S.C. § 3729(a)(1)(A).

      51.      Defendant did so by knowingly presenting or causing to be

presented an application for approval of a PPP loan for which it was ineligible.

      52.      Defendant’s knowingly false certification on its PPP loan

application was material to the government’s decision to award it a PPP loan

intended for small businesses in the amount of $1 million. When submitting a

PPP loan application, an applicant was required to certify that it was eligible,

and that all information included in the application form was true and accurate

in all material respects.

      53.      Defendant had actual knowledge of the falsity of its claims or

deliberately ignored or recklessly disregarded their truth or falsity, within the

meaning of the FCA.

      54.      But for Defendant’s submission of its false claim, the SBA would

not have approved the loan or paid the Lender the processing fee for the loan

application.

      55.      The United States suffered damages because of the false claim that

Defendant made or caused to be made and is entitled to recover its losses of


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approximately $1,030,000, and to obtain other relief available under the FCA,

including treble damages and civil penalties.

                                   COUNT II

      FALSE CLAIMS ACT – CREATING A FALSE RECORD OR
          STATEMENT MATERIAL TO A FALSE CLAIM

      56.   The preceding paragraphs are incorporated.

      57.   Defendant knowingly made or caused to be made false records or

statements to support a false claim submitted to the SBA in violation of 31

U.S.C. § 3729(a)(1)(B).

      58.   Defendant’s creation of a knowingly false loan application

supported The State Bank’s claim to the SBA for a loan processing fee for a loan

that was falsely or fraudulently obtained by Defendant.

      59.   Defendants had actual knowledge of the falsity of these records and

statements or deliberately ignored or recklessly disregarded their truth or falsity,

within the meaning of the FCA.

      60.   The United States suffered damages because of the false records and

statements that Defendants made, used, and caused to be made and used, and

is entitled to recover its losses in the amount of $30,000, and to obtain other

relief available under the FCA, including treble damages and civil penalties.




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                                     COUNT III

 FALSE CLAIMS ACT – IMPROPER AVOIDANCE OF OBLIGATION
                     TO GOVERNMENT

      61.   The preceding paragraphs are incorporated.

      62.   Defendant knowingly concealed or knowingly and improperly

avoided an obligation to pay or transmit money or property to the government

in violation of 31 U.S.C. § 3729(a)(1)(G).

      63.   Defendant did so by falsely certifying compliance with the PPP

program in applying for forgiveness of its PPP loan, by falsely concealing its

affiliation with the other LaFontaine Companies, and by failing to repay the

PPP loan it received..

      64.   But for Defendant’s concealment, the SBA would not have forgiven

Defendant’s obligation to repay the PPP loan, including interest.

      65.   The    United      States    suffered   damages   because   of   these

misrepresentations and is entitled to recover its losses in the amount of

$1,011,534, and to obtain other relief available under the FCA, including treble

damages and civil penalties.

                               VI.      JURY DEMAND

      66.   Relators respectfully demand a trial by jury.

                                     VII. PRAYER

      67.    Relators respectfully request the following relief:

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         (a) That judgment be entered in favor of the United States and Relators

            and against Defendant in the amount of all damages sustained

            because of Defendant’s actions, multiplied by three as provided by

            31 U.S.C. § 3729(a), plus a civil penalty for each and every such

            claim in the amount of between $13,508 and $27,018 per claim;

         (b) That Relators be awarded the maximum amount permissible under

            31 U.S.C. § 3730(d), including the costs and expenses of this action

            and reasonable attorneys’ fees;

         (c) That, pursuant to 31 U.S.C. § 3730(c)(5), Relators be awarded a

            share of any alternate remedy that the United States elects to pursue;

         (d) That permanent injunctive relief be granted to prevent any

            recurrence of the False Claims Act conduct described above for

            which redress is sought in this Complaint;

         (e) That the United States and Relators be awarded prejudgment and

            post-judgment interest; and

         (f) That the United States and Relators receive all such other and

            further relief, at law or in equity, to which they show themselves to

            be justly entitled.




COMPLAINT                                                                        20
Case 2:23-cv-13130-MFL-KGA ECF No. 1, PageID.104 Filed 12/08/23 Page 21 of 21




DATED: December 8, 2023


                                                      Respectfully submitted,

                                                    /s/ Elizabeth K. Stepp
                                                        Elizabeth K. Stepp
                                                  Texas Bar No. 00788467
                                                  eks@federal-lawyer.com
                                                         Nick Oberheiden
                                                    NY Reg. No. 4679011
                                                 nick@federal-lawyer.com
                                                     OBERHEIDEN P.C.
                                               440 Louisiana St., Suite 200
                                                    Houston, Texas 77002
                                               (214) 334-7648 (Telephone)
                                                (972) 559-3365 (Facsimile)
                                            ATTORNEYS FOR RELATOR




COMPLAINT                                                                   21


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