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Complaint — Riner v. Rancho Santa Fe Association (S.D. Cal.)

Summary

The original qui tam complaint of relator Wade Riner in United States ex rel. Wade Riner v. Rancho Santa Fe Association, et al., Case 3:22-cv-01285-GPC-KSC, in the U.S. District Court for the Southern District of California, filed August 30, 2022 as Document 1 under seal and ordered unsealed on June 4, 2024. Brought under the False Claims Act, 31 U.S.C. §§ 3729-32, it alleges that California homeowners associations, condominium associations and country clubs falsely certified that they were eligible for PPP loans. Named defendants include Rancho Santa Fe Association, Bighorn Golf Club, Canyon Lake Property Owners Association, Shady Canyon Golf Club, Inc. and Sun City Lincoln Hills Community Association. The complaint pleads counts under 31 U.S.C. § 3729(a)(1)(A) and 31 U.S.C. § 3729(a)(1)(B) and demands a jury trial.

Summary drafted by a model from the text of the original file linked on this page and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Cite this document

“Complaint — Riner v. Rancho Santa Fe Association (S.D. Cal.).” Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-no-3-22-cv-01285-dkt-1-s-d-cal-d23f1a4c5a/, SHA-256 3d92f9fb337c209eb3bd372a90f82424e16cac787899d15997f0f270ad59eb24.

Full text

Case 3:22-cv-01285-GPC-KSC   Document 1   Filed 08/30/22   PageID.136    Page 1 of
                                     43




                   IN THE UNITED STATES DISTR1CT COURT
                 FOR THE SOUTHERN DISTRICT OF CALIFORNIA
                                                             22cv1285-GPC-KSC
       UNITED STATES OF AMERICA           §   CIVIL N O . - - - ~ -
       ex. rel. WADE RINER                §
                                          §
        co
                                          §
               Plaintiff,                     RELATOR \VADE
                                          §
                                          §   RlNER'S ORIGINAL
                                          §   COMPLAINT
                                          §
       v.                                 §
                                          §   ______________________________
                                               FILED UNDER SEAL
                                          §
                                          §   PURSUANT TO 31 U.S.C.
                                          §   §3730 (b)(2)
       RANCHO SANTA FE                                                           s/ J. Olsen
                                          §      ORDERED UNSEALED on 6/4/24
       ASSOCIATION, ET AL.                §
                                          §   JURY TRIAL DEMANDED
             Defendants.                  §
                                          §



               RELATOR WADE RINER'S ORIGINAL COMPLAINT
Case 3:22-cv-01285-GPC-KSC                         Document 1               Filed 08/30/22               PageID.137              Page 2 of
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                                                  TABLE OF CONTENTS

                                                                                                                                   Page
  I.      INTRODUCTION: COVID-19, PPP, AND THE OPPORTUNISTS ........................... , .......... 2

  IL      PARTIES .......................................................................................................... : .......... 4

  III.    RESPONEAT SUPERIOR AND VICARIOUS LIABILITY .................................................. 8

  IV.     JURISDICTION AND VENUE ............................................................................. : .......... 8

  V.      ORIGINAL SOURCE AND DISCLOSURES .......................................................... , .......... 9

  VI.     THE PAYCHECK PROTECTION PROGRAM .................................................................. 9

  VII.    DEFENDANTS' FRAUD ............................................................................................. 16

  VIII.   ACTIONABLE CONDUCT BY DEFENDANTS .............................................................. 31

          A.        FALSE CLAIMS ACT·········· .. ········· ....................................................... '. ........ 31

          B.        DEFENDANTS' VIOLATIONS OF THE FALSE CLAIMS ACT ............................ 33

          i.        PRESENTATIONOFFALSEORFRAUDULENTCLAIMS (31 U.S.C.
                    § 3729(a)(l)(A)) .......................................................................................... 33

          ii.       MAKING OR USING-OR CAUSING TO BE MADE OR USED-
                    FALSE RECORDS OR STATEMENTS MATERIAL TO FALSE OR
                    FRAUDULENT CLAIMS (31 U.S.C. § 3729(a)(l)(B)) .................................... 33

          C.        DEFENDANTS' VIOLATIONS OF THE FALSE CLAIMS ACT ARE
                    MATERIAL .................................................................................................... 34

  IX.     CAUSES OF ACTION ................................................................................................. 36

          A.        COUNT I- PRESENTATION OFFALSE OR FRAUDULENT CLAIMS
                    (31 U.S.C. § 3729(a)(l)(A)) .................................................................... 36

          B.        COUNTil-MAKINGORUSINGFALSESTATEMENTSMATERIAL
                    TO FALSE OR FRAUDULENT CLAIMS                                       (31       U.S.C.              ,
                    § 3729(a)(l)(B)) .................................................................................:, ........ 37

  X.      PRAYER FOR RELIEF ................................................................................................ 39

  XI.     DEMAND FOR JURY TRIAL ...................................................................................... 40

                                                                     I
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          Plaintiff/Relator Wade Riner ("Relator" or "Riner") brings this action pursuant to the False

  Claims Act (FCA), 31 U.S.C. §§ 3729-32, and seeks to recover all damages, penalties, and other

  remedies established by the FCA on behalf of the United States of America and on his ov,,n behalf.

  Relator respectfully shows the following:

                 I.      INTRODUCTION: Covrn-19, PPP, AND THE OPPORTUNISTS

          1.     After the crisis of the COVID-19 Coronavirus pandemic began, Congre}s passed

  the Coronavirus Aid, Relief, and Economic Security Act-more commonly referred to as the

  "CARES Act"-in part to provide emergency relief to small businesses facing payroll difficulties

  and other concerns meeting their bottom-line in the midst of the pandemic. Unfortunately, this aid

  also attracted opportunistic actors who received aid that Congress never intended. Congress

  created the PPP in March 2020, as part of the Coronavirus Aid, Relief and Economic Security

  (CARES) Act, to provide emergency financial support to the millions of Americans suffering the

  economic effects caused by the COVID-19 pandemic. The CARES Act authorized billions of

  dollars in forgivable loans to small businesses struggling to pay employees and other business

  expenses. Throughout 2020 and 2021, PPP loan applicants were required to certify that they were

  eligible to receive a PPP loan.

         2.      Part of the aid in the CARES Act was the Paycheck Protection Program ("PPP"),

 which provides forgivable, emergency loans to small businesses that certify to the United States

  Small Business Administration that they are qualified to receive the interest-free loan, fuat their

  loan request is necessary for continued operation, and that they will use funds only to pay payroll
                                                                                            !

 expenses, rent, mortgage, interest, or utilities during a covered period.




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          3.      The PPP loans were originally intended to help traditional small busines.ses make

  it through the economic downturn that came as a consequence of the pandemic, but others wanted

  in.

          4.      Numerous trade groups and similar associations lobbied Congress to be added as

  entities eligible for PPP loans. Among those groups were country clubs and co;.nmunity

  associations, which include housing cooperatives, condominium associations, and propeity owner

  associations.

          5.      In December 2020, Congress passed and the president signed into law amendments

  to the CARES Act (the Economic Aid Act) that allowed housing cooperatives to apply for PPP

  loans. Condominium associations, homeowners associations, and other community ass:ociations

  were not included in the amendments, and neither were other not-for-profit organizat,ions like

  country clubs. The list of eligible recipients only expanded one more time near the end QJ: the final

  PPP application period-when President Biden signed the American Rescue Plan Act of2021 into

  law on March 11, 2021, which included most 50l(c) organizations as "additional covered nonprofit

  entities" but explicitly excluded 50l(c)(4) organizations (the only 50l(c) status for which a

 homeowners association or condominium association might be eligible).

         6.       Despite the industry's recognition that Congress had not allowed their participation

 in the Paycheck Protection Program, numerous community associations, particularly

 condominium associations, homeowners associations, and other not-for-profit organizations,

 applied for PPP loans anyway, falsely certifying to the United States that they were eligible for

 funding and that they needed the loans after also certifying in the Application that "I hav~, read the

 statements included in this form, including the Statements Required by Law and Executive Orders,

 and I understand them." They did so even though they had millions of dollars in revenue every

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  year that was not reliant on the unpredictable swings of the economy but instead on a simple tool:

  assessments to their wealthy membership. Many country clubs nationwide acted similarly. Rather

  than obtain PPP loans as the intended American businesses in need, Defendants approached the

  program as opportunists. And by fraudulently applying for these PPP loans, the rich got richer

  while depriving needy Americans of the boost that Congress sought to give them.

          7.     In total, the Defendant not-for-profit condominium associations and not-:for-profit
                                                                                           ·;
  homeowners associations fraudulently applying for PPP loans received millions of dollars in

  forgivable funding, directly depriving the United States of millions of dollars and preventing

  worthy and needy small businesses from receiving congressionally approved loans.

         8.      Not-for-profit community associations were not the only culprits. Not-::or-profit

  so-called "country clubs" were not eligible and also wrongly applied for and received PPP.

         9.      As Acting Assistant Attorney General Brian M. Boynton has explained, "PPP loans

  were intended to provide critical relief to small businesses so that they could pay employees and

  maintain operations," and the Department of Justice is "committed to pursuing those who

 knowingly violated the requirements of the PPP or other Covid-19 assistance programs and

  obtained relief funds to which they were not entitled"-particularly, with the assistance 9f qui tam

 relators.

                                           II.    PARTIES

         10.     Plaintiffi'Relator Wade Riner is a regular homeowner and investor. A CO'.})Oration

 with which Riner is the officer and principle in tum owns multiple homes in Florida. Through
                                                                                           1
 ownership of these homes, Riner is a member of the Hunters Run Property Owners Association,

 Inc., and he was a member of the Boca West Master Association, Inc. until the• fourth quarter of

 2021. Through his membership in these homeowners associations in Florida, he learned that his

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  homeowners associations had applied for millions of dollars of federal relief through PPP loans,

  even though they were not a business interest that qualified for such loans under the CARES Act.

  Riner subsequently learned that his own homeowners associations and numerous others defrauded

  the United States government by falsely certifying they were eligible for PPP loans that tb.ey were

  not, in fact, eligible for. Riner is intimately familiar with the finances and organizatio~ of these

  particular homeowners associations as well as homeowners associations in general, including

  details of how such community associations are governed and how they raise funds through their

  membership and other sources of liquidity.

         1 I.    Defendants are all various not-for-profit entities. Although there may be some

  subtle differences in the Defendants' governing documents, Defendants can generally be

  categorized in one of three ways: as a not-for-profit homeowners association, a not-for-profit
                                                                                            '
  condominium association, or a not-for-profit country club.

         12.     Rancho Santa Fe Association ("Rancho Santa Fe") is a homeowners association

  located at P.O. Box A, Rancho Santa Fe, CA.

         13.     Beverly Hills Tennis Club, Inc. ("Beverly Hills Tennis") is a non-protil: country

  club located at 340 N. Maple Dr., Beverly Hills, CA.

         14.     Bighorn Golf Club ("Bighorn Golf') is a non-profit club located at 255 Palowet

 Drive, Palm Desert, CA.

         15.     Bighorn Homeowners Association, Inc. ("Bighorn HOA") is a community

 association located at 255 Palowet Drive, Palm Desert, CA.

         16.     Bodega Harbour Homeowners Association ("Bodega Harbour") is a homeowners

 association located at P.O. Box 368, Bodega Bay, CA.



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          17.    Canyon Lake Property Owners Association ("Canyon Lake") is a non-profit

  community association located at 31512 Railroad Canyon Rd, Canyon Lake, CA.

         18.     Club Donatello Owners Association ("Club Donatello") is a non-profit community

  association located at 501 Post St. FI 3, San Francisco, CA.

         19.     Crown Towers Homeowners Association ("Crown Towers") is a condominium

  association located at 10701 Wilshire Blvd, Los Angeles, CA.

         20.     Four Seasons Homeowners Association ("Four Seasons") is a condominium

  association located at 300 N Swan Dr, Beverly Hills, CA.

         21.     Glendora Country Club ("Glendora Club") is a non-profit club located at 2400

  Country Club Dr, Glendora, CA.

         22.    Heritage Palms Homeowners Association ("Heritage Palms") is a non-profit

  community association located at 44291 Heritage Palms Dr S, Indio, CA.

         23.    Heritage Ranch Owners Association ("Heritage Ranch") is a non-profit community

  association located at 2130 Heritage Loop Rd, Paso Robles, CA.

         24.    Hidden Vailey Lake Association ("Hidden VaIIey Lake") is a hon:1eowners

  association located at 18174 Hidden Valley Rd, Hidden Vailey Lake, CA.

         25.    Lake of the Pines Association ("Lake of the Pine") is a homeowners association

  located at 11665 Lakeshore North, Auburn, CA.

         26.    Monte Vista Grove Homes ("Monte Vista Grove") is a non-profit homeowners

 association located at 2889 San Pasqual St., Pasadena, CA.

         27.    North Coast Village Condominium Association ("North Coast Village") is a non-

 profit condominium association located at 999 N. Pacific Street, Oceanside, CA.



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          28.    The Palms Golf Club, Inc. ("The Palms") is a non-profit country club located at

  57000 Palms Dr., La Quinta, CA.

         29.     PGA West Residential Association, Inc. ("PGA West") is a non-profit homeowners

  association located at 54-320 Southern Hills, La Quina, CA.

         30.     Pine Mountain Lake Association ("Pine Mountain Lake") is a property owners

  association located at 19228 Pine Mountain Dr, Groveland, CA.

         31.     Regency Wilshire Homeowners' Association ("Regency Wilshire") is a

  condominium association located at 10551 Wilshire Blvd, Los Angeles, CA.

         32.     San Diego Country Estates Association ("San Diego Country Estates") is a non-

  profit homeowners association located at 24157 San Vencente Rd., Ramona, CA.

         33.     The Santaluz Club, Inc. ("Santaluz Club") is a non-profit club located at 8170

  Caminito Santaluz, San Diego, CA.

         34.    The Sea Ranch Association ("Sea Ranch") is a non-profit club located at 975

  Annapolis Rd, The Sea Ranch, CA.

         35.    Seven Lakes Home Owners Association, Inc. ("Seven Lakes") is a co,nmunity

  association located at 1 Desert Lakes Dr, Palm Springs, CA.

         36.    Shady Canyon Golf Club, Inc. ("Shady Canyon") is a non-profit country club

  located at 100 Shady Canyon Dr., Irvine, CA.

         37.    Sierra Towers Condominium Association, Inc. ("Sierra Towers") is a condominium

  association located at 9255 Doheny Rd, West Hollywood, CA.

         38.    Smith Ranch Homes Homeowners' Association ("Smith Ranch Homes") is a non-

  profit homeowners association located at 500 Deer Valley Rd., San Rafael, CA.



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          39.     Sun City Lincoln Hills Community Association ("Sun City") is a horr,eowners

  association located at 965 Orchard Creek Ln, Lincoln, CA.

          40.    Valley-Hi Country Club ("Valley-Hi") is a non-profit club located at 9595 Franklin

  Blvd, Elk Grove, CA.

          41.    The Villages Golf and Country Club ("The Villages") is a non-profit club located

  at 5 000 Cribari Ln, San Jose, CA.

          42.    Wilshire-Holmby Homeowners Association Inc. ("Wilshire-Holmb)"') is a

  condominium association located at 10433 Wilshire Blvd, Los Angeles, CA.

         43.     The Wilshire-Westholme Homeowners Association, Inc. ("Wilshire-Westholme")

  is a condominium association located at 10590 Wilshire Blvd, Los Angeles, CA.

         44.     Woodhaven Country Club Homeowners Association ("Woodhaven Club HOA") is

  a non-profit club located at 41555 Woodhaven Dr, Palm Desert, CA.

         45.     Yosemite Lakes Owners' Association ("Yosemite Lakes") is a homeowners

  association located at 30250 Yosemite Springs Pkwy, Coarsegold, CA.

                     ill.    RESPONEAT SUPERIOR AND VICARIOUS LIABILITY

         46.     Any and all acts alleged herein to have been committed by Defenda.nts were

  committed by officers, directors, employees, representatives, or agents who at all times: acted on

  behalf of the named Defendants and within the course and scope of their employment or agency.

                                 IV.     JURISDICTION AND VENUE

         4 7.    Jurisdiction and venue are proper in the Southern District of California, pnsuant to .

 the False Claims Act {31 U.S.C. §§ 3729-33), because Relator's claims seek remedies \>n behalf

 of the United States for multiple violations of3 l U.S.C. §§ 3729-30, and many of the Defendants



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  can be found in this district. Because Defendants can be found in this state, personal ju;:isdiction

  is also proper.

                              V.     ORIGINAL SOURCE AND DISCLOSURES

         48.        There are no bars to recovery under 31 U.S.C. § 3730(e). To the extent that any

  allegations or transactions herein have been publicly disclosed, Relater has knowledfe that is

  independent of and materially adds to any publicly disclosed allegations or transactions and had

 provided that information to the United States prior to filing the complaint by serving a voluntary

 Pre-Filing Disclosure Statement.

         49.        As required by 31 U.S.C. §§ 3730(b) and (e), Relator submitted and Original

 Disclosure Statement to the Attorney General of the United States and the United States Attorney

 for the Southern District of California, as well as all material evidence and information, prior to

 filing and serving the Original Complaint.

                            VI.    THE PAYCHECK PROTECTION PROGRAM

         50.        On March 27, 2020, the Coronavirus Aid, Relief, and Economic Security Act (the

 "CARES Act"), Pub. L. 116-136, 134 Stat. 281, created the PPP, initially making $349 Jillian in

 forgivable loans available to small businesses impacted by the COVID-19 pandemic. The U.S.

 Small Business Administration ("SBA") administers the PPP, promulgates the rules and

 regulations governing the PPP, and guarantees all PPP loans made by lenders.

         51.        The PPP allowed small businesses (less than 500 employees) to obtain forgivable

 loans of up to $ 10 million, at 1% interest, to cover payroll costs, rent, mortgage interest, utilities,

 and other overhead expenses for a "covered period." CARES Act § 1102(a)(2)(36)(D}'-(E), 134

 Stat. at 288-90.




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         52.     PPP loans were processed and approved by qualified lenders that 1he SBA

 approves. Lenders issued PPP loans without the SBA's prior review or express and indiv,idualized

 approval, but they agreed to be responsible for determining borrower eligibility under the SBA's

 criteria. They were "deemed to have been delegated authority by the [SBA] Administrator to make

 and approve covered loans." CARES Act § 1102(a)(2)(36)(F)(ii), 134 Stat. at 290.

         53.    For processing the PPP loans, the SBA reimbursed participating lenders with a

 processing fee equal to the amount of 5% ofloans up to $350,000; 3% ofloans between $350,000

 and $2,000,000; and 1% on loans of at least $2,000,000. See CARES Act§ l 102(a)(2)(36)(P), 134

 Stat. at 293. Additionally, although the lenders funded the PPP loans with their own funds, the

 SBA 100% guaranteed these loans.

         54.    PPP loans are also subject to complete forgiveness. CARES Act§ 1106, '134 Stat.

 at 297-302. And within 90 days of which forgiveness is given, the SBA remits to the lender the

 full amount of forgiveness, plus any accrued interest. Id. § l 106(c)(3), 134 Stat. at 298 ..

         55.    The PPP was a program under the Small Business Act, Section 7(a). Generally

 speaking, a key eligibility requirement for Section 7(a) SBA loans is that the applicant be a

 business operating for profit.

         56.    Pursuant to the CARES Act,. PPP loans were originally available only to a ''business

 concern, nonprofit organization, veterans organization,[] Tribal business," or sole proprietorship

 that employed no more than 500 employees. See CARES Act § 1102(a)(2)(36)(D), 134 Stat. at

 288. Nonprofit-organization eligibility, however, was limited to 50l(c)(3) organizatiorn; that are

 tax exempt. Id. § l 102(a)(2)(36)(A)(viii).

         57.    Eligibility for PPP is also spelled out in Interim Final Rule # 1 published in the

 Federal Register on April 15, 2020 (answering the question, "How do I determine if I am

                                                   10
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 ineligible?"). As it stated: "Businesses that are not eligible for PPP loans are identified in 13 CFR

 120.110 and described further in SBA's Standard Operating Procedure (SOP) 50 10 Subpart B,

 Chapter 2, except that nonprofit organizations authorized under the Act are eligible." 85 Fed. Reg.

 20812. Meanwhile, 13 CFR 120.110 states that "non-profit businesses" are ineligible.

             58.        Applicants for PPP loans were required to certify to a participating SBA-hpproved

 lender and to the SBA that they are eligible to receive the loan under the rules in effect at the time

 of their application. This certification came right after a certification that the applicants "read the

 statements included in this form" and "understand them." For example, the April 2020 SBA Form

 2483 (the PPP application at the time) required applicants to certify as follows:

                                                           Paycheck Pmtectiou Prngrnm
                                                              Borrower Application F-orm




   CERTIFICATIONS AND AUTHORIZA1IONS
   I certiiy 11mt:
           • Ihavereadthestatem.entsincluded.inthis~ ·
         •

         •    The .Ajlplicanl (1) is an indopelJdent ccntractm:, eligible self-employed irulividual, or <Ore proprietor ot (2) employs no morc
              Ihm the ~of500 or employees or, ifapplic:abre, the sm:sl.Dda,d in numlJer of-loyees established by the SBA in 13
              CF.R. 121.201 furtheApplicant'sindusby.                                                                                     ·
         •    I will comply, whene= >pplicable, with the civil righ15 and other limitatioos in flus funn.
         •    All SBA loan proaeds will be used only fur busiJJesffelared pwposcs ss sp,cilied in the loan applicmon and COl!Bist< nt wi!h the
              Paycheck Protection l'rogtlllnRule.
         •    To1he-.t-h,, I willpun:base only American-made eqmpm,ntand products.
         •    The Applicanlisnoteagaged in any actiwy !hat is illeJl;,l 1111&:rfude,a), . - m locallaw.
         •    Aey loan re<cived by the Applicant1111&:r Section 7(b)(2) of11le Slllallllusiness Act bctwecnJanua,y 31, 2020andApri13, 2020 was
              fur a pmpose other Ihm paymgpayroll coslsand oth« allo-leuses !OOllS ond«tbe Paycl=l<Pro~Progr.unRule.



             59.       The PPP applications also required applicants to certify that the loan request is

 necessary to support their ongoing operations. As SBA Form 2483 required:

  CERTIFICATIONS
  The authorized representative of the Applicant must certify in good faith to all of the below by initialing next to each one:

  Ill        The Applicant was in operation on Febmary 15, 2020 .and had employees for whom it paid salaries and payroll tax.es or paid independent
             contractors, as reported an Form(s) 1099--MISC.




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         60.       Recognizing that some applicants might be confused by this economic-uncertainty

 certification, the SBA provided a "safe harbor" when it issued Interim Final Rule #4 (85 Fed. Reg.

 23450 published April 28, 2020) stipulating that "any borrower that applied for a PPP loan and

 repays the loan in full by May 7, 2020, will be deemed by SBA to have made the required

 certification in good faith." Interim Final Rule #4 additionally noted that the SBA would give

 additional guidance before May 14, 2020 concerning this certification, especially in helping PPP

 borrowers evaluate whether they "may have misunderstood or misapplied the statutory standard."

 As of May 13, 2020, SBA clarified in its Frequently Asked Questions section of Interim Final Rule

 # 9, (85 Fed. Reg. 29845 published May 19, 2020) stating that "borrowers must make this

 certification in good faith, taking into account their current business activity and their ability to

 access other sources of liquidity sufficient to support their ongoing operations in a manner that is

 not significantly detrimental to the business."

        6 I.      PPP applications additionally required applicants' authorized representatives to

 specifically certify that all information provided on the application is true and accurate in all

 material respects as well as to certify their understanding that a false statement made in order to

 obtain a guaranteed loan from the SBA is punishable under the law. Again, from the April 2020

 SBA Form 2483:



                                                           · urulerl8         land357ibyimprisonm,nt notmoR:11Jmfiveycus                  ora
          fuieofup lo 250,000; uruler 15             5byimprisomneat ofootmorethan two}'Clll3 and/or afuieofootmorethan$:i,0OO; aml,if
          submilh:d lo a federally insured illstltulioo, "'1de, 18 USC 1014 by imprisomneot of oot more 111m thirty J<'U' and/or a line of not
          morethan $1,000,000.




        62.       Finally, when PPP loan recipients apply for forgiveness of their loan, they must

 further certify, through their authorized representative, that they have "complied with all



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 requirements in the Paycheck Protection Program Rules," including the statute passed in the

 CARES Act and the subsequent amendments. From SBA Form 3508S:

  By Signing Below, You Make. the Following Renrmnta:tions and Certili-catioos op Behalf of the; Borrower:
  The Authorized Rep.resentative-of the Borrower certifies to all of the below by initialing next to each one.
    Ill (7)(a)(37).
             Bocrower has complied with all requirements in the Paycheck Protection ProgmnRules (Sections 7(aX36).
            The
                    arul 7A ofthe     Business Act, the PPP interim final mies. and guid;mce issued by SBA
                                     Small                                                                       the date
                                                                                                                 thwogh
            of this application). mclrnling the rules related to:
                 • eligible uses-of PPP 1mm proceeds;
                 •    the 3IIIOUJlt of PPP loan proeeeds th,t must be used fm: payroll costs (including proprietor expeoses for
                      Bom,wers that applied fur loans using SBAFmms 2483-C or 2483-SD-C);
                 • the caicuiat.io.n. and dcnuneo:tatioa of the Boaowei-~srevenue.redoctiou (if applicable); and
                 • the cakulmon ofthe B<>m>wer's !!,quested Loan.Forgiveness Amount.                                          .
            Infocmation _,Jing these requm,mmfs may be found in the Form 3508S Instructions arul the PaJ,cl,ecl<Proh:ction
            ProgramRules_                                                                                               ·


           63.       The PPP was originally funded by Congress with $349 Billion, but the funds were

 depleted on April 16, 2020--only weeks after the CARES Act passed. On April 24, 2020, the

 President signed the Paycheck Protection Program and Health Care Enhancement Act, Pub. L.

 116-139, 134 Stat. 620, whereby Congress allocated an additional $320 Billion in funding.

           64.       Congress further expanded the PPP at the end of the year in the Corsolidated

 Appropriations Act, 2021, Pub. L. 116-260. The Consolidated Appropriations Act, 2021, added

 $284.5 Billion to the PPP. Additionally, the Act allowed certain entities to obtain "second draw"

 PPP loans. By May 5, 2021, these additional funds had also been depleted.

          65.        One further amendment in the Consolidated Appropriations Act, 20;!1 made

 "housing cooperatives" eligible for PPP loans when it was enacted December 2020-'-but not

 homeowner associations, condominium associations, or other not-for-profit organizations. See

 Pub. L. 116-260, § 311(a). This is despite the fact that HOA condominium-association groups,

 along with country-club groups, lobbied Congress for their explicit inclusion.

          66.        Congress expanded the list of eligible recipients one last time near the end of the

 final PPP application period-when the American Rescue Plan Act of 2021 was signed into law

 on March 11, 2021 and included most 50l(c) organizations as "additional covered nonprofit

                                                                 13
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                                             of 43




 entities." Yet Congress still explicitly excluded 501(c)(4) organjzations-the only 501(c) status

 for which a homeowners association or condominium association might be eligible. Thus.

 homeowner associations and condominium associations were still clearly ineligible. And while

 certain nonprofit country clubs were then eligible for PPP loans, they were only eligible for the

 final weeks of the application period and only if they met the specific 501(c)(7) tax-exempt status.

 See 86 Fed. Reg. 15083 (explaining that the American Rescue Plan Act changes only ''apply to

 PPP loans approved. and loan forgiveness applications submitted, on or after March 11, 7.021").
                                                                                           ~1

        67.      The eligibility rules relevant to the Defendants for various nonprofit ancl not-for-

 profit organizations for PPP loans throughout the history of various congressional (l.Ctions is

 summarized as follows:

                    Entitv Tv:ue                            Eligibili!I Status & Riston: ,
                                                                   Always eligible
                501(c)(3)nonprofits                                                        '
                                                                    (CARES Act)            '
                                                          Eligible on or after Dec. 27, 2020
              Cooperative Associations
                                                                 (Economic Aid Act)
                                                          Eligible on or after Mar. 11, 2021
                501(c)(7) nonprofits
                                                               (American Rescue Plan)

              501(c)(4) nonprofits                                   Never eligible
    Not-for-profit homeowners associations                           Never eligible
    Not-for-profit condominium associations                          Never eligible
          Not-for-profit country clubs                               Never eligible


        68.      Additionally, for entities that applied for a second-draw PPP loan, they again were

 required to certify their eligibility under the effective rules. From SBA Form 2483-SD:




                                                  14
Case 3:22-cv-01285-GPC-KSC                                 Document 1 Filed 08/30/22                                 PageID.151                 Page 16
                                                                 of 43




                                                          Paycheck Protection Program
                                                     Second Draw Borrowel" Application Form
                                                             Revised Man:h 18, :2021
  By Signing Be-law, You Make the Following:Repres~ntatiom, Authorization'i, and Certificatiom:

  l=lifythal:
     •   lbaveRadtbestatemmtsinduded-.in:thiflfoml.inclodingtheStatemtntsR.equiredbyLawandExecutiveOJdcra.andlundmtandtbem.
     •


     •                                                                      indqlcmlcul=-
         'Iho;lppliant. !ugclhcrwitb ils afliliab:s (Ifapplicable}. (I) i> 311                     ,c!f-mq,toy,,d mdividual.or - ~ • - no
         ~ ; (2} rmp1oys"" .....,thon300 emplayi:co; (3} ifNAICS 72. emploJ" oo mnm thon300 empw,ocsperpb;ysic:al locali<j,; (4) if a
         news mganizalion that is majmilyownedarcomvU.dby a NAlCS code S11110 or SIS I busiJles-.a11m1pmntpublic bmada5tiog {Dlilywith
         a tiadc orln:ismrs!i umfa"NAICS code 511110 or 5151~ or-:m.Jntemct-oul_ynews orperi.odicalpublishrJ" :assigm:d NAICS code 5\9130 amt
         eugogod in the col!ectiao. am! di"1ibution oflccal m: "lli<mal am! natioaa1 m:ws am! infinmatioo. rmp1oys no morethm300 emplaya:s per
         1oatimJ; or (S} ifa SOl(c)(3} OIJ'.llllU'lfion. an mgilile SOl(cX6)--. <>Iha: eligiolc SOl(c) - - - digiblc deslinalinn maikding
         mgan-on. rmploysno,..,._300emp!ay<esperphysicallccation.
     •   I will comply. whenever applicable, witbthe civi! rigl,!s amlolherlfml....,os in !hi, funn.
     •   All loan proceeds will beusedwly ib<hosiness-related pu,po,es as ,pccil!cd in the loanapplicaiion am! _ w i t h the Paych,cl<Pmmction
         l'rognmRules illclDding du: pmhibilion on ming loan proceeds furlohbymj! activities amlexp,mliture,. ICApplic,mt is a..,.. "'l!aoizalion that
         becameeligihteihr:aJoanunde:rSectioa.1170ftbeEoonomicAidtoHatd-BitSmallBusine5Se!i,Nmprofits,,andVenues.Act.pmceetlsoftheloa:n
         will bcuml to support expenses at tbe compont'Ut o:f'lbe business concem. thatpmduc:es-m: disfribnreslocally focused.ora:nagrney· .iutbrmation..
         Ir the Applicant is anlnll:mct-ooly news orpeiodicalpublisher that became elig,1,lc fur a Joa111mde< Soctioo SOD! ofthe Amaiao RfSCuc Phm
         Acl<lf2021. tbepr"""'11s oftllo loan will be used tu supportcqiensc, at the compo11e111 of t h e - or otganizalion lhat supJ)<llls local or
         rcg;Olllllnews.

     •   I '""""5tand 1hat SBA eoromag,s thepmcha,e. 1o the -          fi:aswr., ofAmerican-made equipment andproduds.
     •   The Applicant is not engaged in.aDYadivitythatisillegal underredecll,, state or local taw.



           69.         Additionally, second-diaw PPP applications continued to requiie: another

 certification that all information provided on the application is true and accurate in all material

 respects as well as to certify their understanding that a false statement made in order to obtain a

 guaranteed loan from the SBA is punishable under the law. From SBA Form 2483-SD:




           70.         Finally, qui tam lawsuits are an appropriate remedy for violations of the PPP rules

 and regulations. In remarks given on February 17, 2021, for example, Acting Assistant Attorney

 General Brian M. Boynton explained: "It is clear to me and my colleagues in the Civil Division-

 and I'm sUie to all of you-that the False Claims Act will play a significant role in the com:ing years

 as the government grapples with the consequences of this pandemic." As he further pointed out,

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 "[t]he vast majority of the funds distributed under these programs have gone to eligible n•cipients.

 Unfortunately, some individuals and businesses applied for-and received- payments to w):iich they

 were not entitled." Accordingly, "qui tams will continue to be an essential source of new leads,

 and the Department [of Justice] will continue to rely on whistleblowers to help root out the misuse

 and abuse of taxpayer funds."

                                   VII.    DEFENDANTS' FRAUD

        71.     Defendants knowingly told the SBA and participating lenders that they were

 qualified entities to receive PPP loans, even though they are all not-for-profit homeowners

 associations, condominium associations, or country clubs that do not qualify as qualified entities

 under Congress's act. They also all knowingly misrepresented their need for these loans. Their

 fraud deprived the United States of the ability to loan appropriated funds to qualified bu:Sinesses,

 as the funding for PPP loans ran out shortly after Defendants applied for their loans.

        72.     Defendants' false certification that they were qualified occurred despite them

 knowing or recklessly disregarding the fact that they were ineligible nonprofit organizations and

 that not-for-profit organizations like them were not eligible for-profit businesses under SBA

 Section 7(a) or "business interests" pursuant to the CARES Act or even SBA's guid:mce and

 regulations. In fact, the SBA published-and, upon congressional amendments, updated, FAQs

 for the PPP loans including an answer for "Who is Eligible"-and neither not-for-profit

 community associations like housing associations and condominium associations nor not-for-

 profit country clubs were ever listed in the answer to that question. The only community groups

 that was ever listed were housing cooperatives, and that was after specific congressional

 amendments to allow housing cooperatives to apply. Additionally, "non-profit businesses" were

 explicitly excluded in official guidance, further telling Defendants-who are all non-profit or not-

                                                 16
Case 3:22-cv-01285-GPC-KSC              Document 1 Filed 08/30/22              PageID.153        Page 18
                                              of 43




 for-profit organizations-that they were ineligible. Further, because the associations' lobbyists

 were fighting for inclusion in the PPP, the Defendants inherently knew that they could n,\t qualify

 without new amendments by Congress that never materialized. Defendants realized they <:ould slip

 by rushed bankers and regulators by purporting to be a "business interest" without actually being

 one.

         73.    Defendants' other false certifications-that economic uncertainty madd the PPP

 loans necessary to support their ongoing operations-were in bad faith, given the strong finances

 of Defendants and how they could raise money. The SBA required applicants to make this

 certification in good faith and admonished applicants to consider "their ability to access other

 sources of liquidity sufficient to support their ongoing operations in a manner that is not

 significantly detrimental to the business." The SBA even gave an example of a business that could

 not make this certification: "it is unlikely that a public company with substantial market value and

 access to capital markets will be able to make the required certification in good faith." Tl1ere is no

 circumstance under which a homeowners' association, condominium association, or not-for-profit

 country club could certify in good faith that they do not have access to other sources of, liquidity

 to support their ongoing operations. While Defendants were not public companies, they still had

 substantial value of their own and access not only to capital markets but also a more readily

 available source of funds-the wealthy members and assets. For example, Rancho Santa Fe as

 recently as the fiscal year ending June 30, 2019 had almost $18 million in annual revenue and over

 $60 million in total assets (including almost $16 million in cash, savings, and temporary cash

 investments). Unlike businesses (who rely on sales by voluntary consumers, or other voluntary

 business) or even 50 I (c)(3) nonprofits (who rely on voluntary donations), housing associations,

 condominium associations, and not-for-profit country clubs do not rely on such voluntar; funding

                                                  17
Case 3:22-cv-01285-GPC-KSC              Document 1 Filed 08/30/22             PageID.154         Page 19
                                              of 43




 subject to economic whims-instead, they rely on mandatory assessments and/or dues and fees

 from their membership. Defendants' members are particularly wealthy, often with net worth of

 tens of millions of dollars, and it would not have been a hardship to raise their assessments and/or

 dues and fees in order to continue operations even assuming the highly doubtful proposition that

 the pandemic represented a hardship on these defendants.

         74.     Furthermore, these associations and country clubs all have statutory authJrity and

 powers including the power to make contracts and guaranties, incur liabilities, and iiecure its

 obligations by mortgage and pledge of all or any of its property, franchises or income. See CAL.

 CORP. CODE§ 7140. Homeowners associations and condominium associations generally have the

 additional powers to assess a sum of money which if not paid by the owner of a parcel, can result

 in a lien against the parcel. See CAL. CIV. CODE §§ 6800, 6820. These powers are furth,ir reason

 that Defendants' false certifications that they needed the PPP loans were thus in knowing or

 reckless ignorance of their true financial situation.

         75.     The Defendants' false certifications to the SBA and the lenders were material,

 because the SBA and lenders were relying on the honesty of applicants to process PPP loans as

 quickly as possible in order to get relief to American businesses as Congress intended.

        76.     Moreover, most of the Defendants, building on this fraud, have already applied for

 loan forgiveness from the United States and had their loans forgiven in full, thus directly ,)epriving

 the United States of the full amount of the loans and the interest accrued on the loans. The

 forgiveness actually given (and forgiveness potential for entities that have not applied) is equal to

 hundreds of thousands if not millions of dollars per Defendant.

        77.      Some of the Defendants went even further and applied for a second loan, '.yet again
                                                                                             i

 fraudulently and falsely claiming that they were eligible entities under the CARES Act, even

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                                                     of 43




        though they are just homeowners associations, condominium associations, or not-for-profit

        country clubs.

                78.      The damages suffered by the United States extended beyond the simple a·:mount of

        the loans. The damages also include the Government's other incidental expenses supporting the

        particular PPP loans. For example, Defendants induced the United States to pay fees to 9anks and

        other financial institutions in order to execute these :fraudulent loans.

                79.      Each Defendant knowingly and falsely certified that it was "eligible to receive a

        loan under the rules in effect at the time th[e] application is submitted." They also falsely certified

        that "[c]urrent economic uncertainty makes this loan request necessary to support the ongoing

       operations of the Applicant." Defendants each applied for and received loans in violation of the

       FCA as summarized in the following table:

                                              #of                          Date                          Amount of
                                                         Loan(s)                          Loan
               Defendant                     Loans                        Loan(s)                          Loan
                                                         Amount                         Forgiven?••
                                             Rec'd                       Approved          .         ~   Foreiven
Rancho Santa Fe Association
                                                1       $1,542,100        04/11/20             Yes       $1,551,738
rhttns ://www.rsfassociation.org/)
Beverly Hills Tennis Club, Inc.                 1        $283,200        4/15/2020       Unknown          Unknown
Bighorn Golf Club
                                                1       $2,582,432       4/12/2020             Yes       $2,612,489
(httos://www.bighomgolf.com/)
Bie:hom Homeowners Association Inc              1        $701,485        4/12/2020       Unknown :        Unknown
Bodega Harbour Homeowners
                                                1        $333,281         04/28/20             Yes        $337,938
Association                ·
Canyon Lake Property Owners
Association                                     1       $1,103,000       4/15/2020             Yes       $1,113,907
(httns ://www.canvonlakeooa.com/)
                                                         $195,800        4/27/2020             Yes        $197,829
Club Donatello Owners Association               2
                                                         $195,800        1/22/2021             Yes        $197,274
Crown Towers Homeowners Association             1        $126,000         04/27/20             Yes        $127,143
Four Seasons Homeowners Association             1        $125,000         04/29/20             Yes        $126,397
Glendora Country Club                           1        $471,685         04/15/20             Yes        $474,412
Heritage Palms Homeowners
                                                         $350,000         4/29/20              Yes        $351,860
Association                                     2
                                                         $661,558         02/03/21             Yes        $666,615
(httos ://www .heritagepalmsindio.com/)
Heritage Ranch Owners Association                1       $256,700         5/1/2020             Yes   i    $259,645

                                                          19
     Case 3:22-cv-01285-GPC-KSC             Document 1 Filed 08/30/22             PageID.156         Page 21
                                                  of 43




Hidden Valley Lake Association                I       $893,300        04/29/20          Yes           $900,819
Lake Of The Pines Association                 1       $693,200        04/30/20          Yes           $701,133
Monte Vista Grove Homes
                                              I       $951,000        5/8/2020          Yes           $960,562
(https://www.mvgh.org/)                                                                          :
North Coast Village Condominium
                                              1       $359,900        4/28/2020         Yes           $363,079
Association
PGA West Residential Associations, Inc.       1       $229,287        6/22/2020         Yes           $232,440
The Palms Golf Club, Inc.                             $327,035        5/7/2020          Yes           $328,791
                                              2
Chttos ://thepalmsgc.org/)                            $425,260        2/5/2021          Yes           $429,198
Pine Mountain Lake Association                        $687,500         04/14/20         Yes           $692,045
                                              2
Chttos://www.pinemountainlake.com/)                   $950,000         02/03/21         Yes           $953,431
Regency Wilshire Homeowners'
Association
                                              1       $151,000        04/28/20          Yes      .
                                                                                                 '
                                                                                                      $152,427
                                                                                                 :
San Diego Country Estates Association                  $970,200       4/13/20          Yes            $977,244
                                              2
(httos ://www.sdcea.net/)                              $849,971        2/1/21          Yes            $855,909
The Santaluz Club, Inc                        1       $1,250,000      4/8/2020         Yes           $1,257,158
The Sea Ranch Association                     I        $757,047       5/1/2020      Yes; In part      $281,522
Seven Lakes Home Owners Association,
                                              1       $324,355        4/27/2020         Yes           $328,087
Inc
Shady Canyon Golf Club, Inc.
                                              1       $1,689,200        4/3/20          Yes          $1,698,595
(httos://WWW .shadycanyongolfclub.com/)
Sierra Towers Condominium                                                                        .

                                              1        $239,300       04/30/20          Yes           $241,785
Association, Inc
Smith Ranch Homes Homeowners'
                                              1       $815,640         4/28/20      Yes; In part ·    $218,540
Association
Sun City Lincoln Hills Community
Association                                   1       $1,424,800      05/03/20       Unknown          Unknown
(httos ://suncitv-lincolnhills.org/)
Valley-Hi Countrv Club                        1        $428,055       03/01/21          Yes           $431,315
The Villages Golf and Country Club
                                              1       $1,612,414      5/1/2020          Yes          $1,631,942
(https ://www.thevillagesgcc.coml)
Wilshire-Holmby Homeowners
                                              1        $183,250        04/28/20         Yes           $184,239
Association Inc
The Wilshire-Westholme Homeowners
                                              1        $147,250        04/27/20         Yes           $148,186
Association, Inc
Woodhaven Country Club Homeowners
                                              1        $331,800       4/30/2020         Yes           $333,764
Association
Yosemite Lakes Owners' Association            1        $650,492        04/15/20         Yes           $659,019


               80.     Rancho Santa Fe applied for and received a PPP loan of $1,542,100, approved on
                                                                                                 i
        April 11, 2020. In Rancho Santa Fe's application, Rancho Santa Fe knowingly and falsely certified

        that it was "eligible to receive a loan under the rules in effect at the time th[e] application is
                                                        20
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  submitted." It also falsely certified that "[c]urrent economic uncertainty makes this loan request

 necessary to support the ongoing operations of the Applicant." Rancho Santa Fe has applied for

 forgiveness, and the United States forgave this loan (through its agent lender) in the amount of

 $1,551,738 (including interest).

         81.     Beverly Hills Tennis applied for and received a PPP loan of $283,200, approved on

 April 15, 2020. In Beverly Hills Tennis's application, Beverly Hills Tennis knowingly ai;d falsely

 certified that it was "eligible to receive a loan under the rules in effect at the time th[e] application

 is submitted." It also falsely certified that "[c]urrent economic uncertainty makes this loan request

 necessary to support the ongoing operations of the Applicant." The current status of this loan is

 unknown.

         82.     Bighorn Golf applied for and received a PPP loan of $2,582,432, approved, on April

 12, 2020. In Bighorn Golfs application, Bighorn Golf knowingly and falsely certified tltat it was

 "eligible to receive a loan under the rules in effect at the time th[e] application is subn\itted." It

 also falsely certified that "[c]urrent economic uncertainty makes this loan request necessary to

 support the ongoing operations of the Applicant." Bighorn Golf has applied for forgiveness, and

 the United States forgave this loan (through its agent lender) in the amount of $2,612,489

 (including interest).

         83.    Bighorn HOA applied for and received a PPP loan of $701,485, approved on April

 12, 2020. In Bighorn HOA's application, Bighorn HOA knowingly and falsely certified that it was

 "eligible to receive a loan under the rules in effect at the time th[ e] application is submitted." It

 also falsely certified that "[c]urrent economic uncertainty makes this loan request nec,essary to

 support the ongoing operations of the Applicant." The current status of this loan is unknown.




                                                   21
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         84.     Bodega Harbour applied for and received a PPP loan of $333,281, approved on

 April 28, 2020. In Bodega Harbour's application, Bodega Harbour knowingly and falsely certified

 that it was "eligible to receive a loan under the rules in effect at the time th[e] application is

 submitted." It also falsely certified that "[c]urrent economic uncertainty makes this loan request

 necessary to support the ongoing operations of the Applicant." Bodega Harbour has applied for

 forgiveness, and the United States forgave this loan (through its agent lender) in the !i]nount of

 $337,938 (including interest).

         85.     Canyon Lake applied for and received a PPP loan of$1,l 03,000, approvec, on April

 15, 2020. In Canyon Lake's application, Canyon Lake knowingly and falsely certified that it was

 "eligible to receive a loan under the rules in effect at the time th[e] application is submitted." It

 also falsely certified that "[c]urrent economic uncertainty makes this loan request nec,:ssary to

 support the ongoing operations of the Applicant." Canyon Lake has applied for forgivehess, and

 the United States forgave this loan (through its agent lender) in the amount of $1,113,907

 (including interest).

         86.     Club Donatello applied for and received a PPP loan of$195,800, approved on April

 27, 2020. Club Donatello also applied for and received a second PPP loan of $195,800, ;1pproved

 on January 22, 2021. In Club Donatello's applications, Club Donatello knowingly ar,d falsely

                                                                                                     '
 certified that it was "eligible to receive a loan under the rules in effect at the time th[e] application

 is submitted." It also falsely certified that "[c]urrent economic uncertainty makes this loan request

 necessary to support the ongoing operations of the Applicant." Club Donatello has applied for

 forgiveness, and the United States forgave its first loan (through its agent lender) in the 3:nount of

 $197,829 (including interest). Club Donatello also applied for forgiveness for its second ;oan, and



                                                    22
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                                              of 43




 the United States forgave this second loan (through its agent lender) in the amount of i,197,274

 (including interest).

          87.    Crown Towers applied for and received a PPP loan of $126,000, approved on April

 27, 2020. In Crown Towers's application, Crown Towers knowingly and falsely certified that it

 was "eligible to receive a loan under the rules in effect at the time th[e] application is submitted."

 It also falsely certified that "[c]urrent economic uncertainty makes this loan request nec:~ssary to

 support the ongoing operations of the Applicant." Crown Towers has applied for forgiveness, and

 the United States forgave this loan (through its agent lender) in the amount of $127,143 (including

 interest).

          88.    Four Seasons applied for and received a PPP loan of $125,000, approved on April

 29, 2020. In Four Seasons's application, Four Seasons knowingly and falsely certified that it was

 "eligible to receive a loan under the rules in effect at the time th[e] application is submitted." It

 also falsely certified that "[c]urrent economic uncertainty makes this loan request necessary to

 support the ongoing operations of the Applicant." Four Seasons has applied for forgiveness, and

 the United States forgave this loan (through its agent lender) in the amount of$126,397 (including

 interest).

         89.    Glendora Club applied for and received a PPP loan of $471,685, approved on April

 15, 2020. In Glendora Club's application, Glendora Club knowingly and falsely certified that it

 was "eligible to receive a loan under the rules in effect at the time th[e] application is submitted."

 It also falsely certified that "[c]urrent economic uncertainty makes this loan request necessary to

 support the ongoing operations of the Applicant." Glendora Club has applied for forgiveness, and

 the United States forgave this loan (through its agent lender) in the amount of $474,412 (including

 interest).

                                                  23
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                                               of 43




          90.    Heritage Palms applied for and received a PPP loan of $350,000, approved on April

 29, 2020. Heritage Palms also applied for and received a second PPP loan of$661,558, approved

 on February 3, 2021. In Heritage Palms's applications, Heritage Palms knowingly and falsely

 certified that it was "eligible to receive a loan under the rules in effect at the time th[ e] application

 is submitted." It also falsely certified that "[c]urrent economic uncertainty makes this loan request

 necessary to support the ongoing operations of the Applicant." Heritage Palms has applied for

 forgiveness, and the United States forgave its first loan (through its agent lender) in the amount of

 $351,860 (including interest). Heritage Palms also applied for forgiveness for its second loan, and

 the United States forgave this second loan (through its agent lender) in the amount of $666,615

 (including interest).

         91.     Heritage Ranch applied for and received a PPP loan of$256,700, approved on May
                                                                                                 I

 1, 2020. In Heritage Ranch's application, Heritage Ranch knowingly and falsely certifi~d that it

 was "eligible to receive a loan under the rules in effect at the time th[e] application is submitted."

 It also falsely certified that "[ c]urrent economic uncertainty makes this loan request necessary to

 support the ongoing operations of the Applicant." Heritage Ranch has applied for forgiveness, and

 the United States forgave this loan (through its agent lender) in the amount of$259,645 (including

 interest).

         92.     Hidden Valley Lake applied for and received a PPP loan of $893,300, apf!roved on

 April 29, 2020. In Hidden Valley Lake's application, Hidden Valley Lake knowingly and falsely

 certified that it was "eligible to receive a loan under the rules in effect at the time th[ e] application

 is submitted." It also falsely certified that "[c]urrent economic uncertainty makes this loa1 request

 necessary to support the ongoing operations of the Applicant." Hidden Valley Lake ha;; applied



                                                    24
Case 3:22-cv-01285-GPC-KSC               Document 1 Filed 08/30/22               PageID.161        Page 26
                                               of 43




  for forgiveness, and the United States forgave this loan (through its agent lender) in the amount of

  $900,819 (including interest).

         93.     Lake of the Pines applied for and received a PPP loan of $693,200, appi"oved on

 April 30, 2020. In Lake of the Pines's application, Lake of the Pines knowingly and falsely

 certified that it was "eligible to receive a loan under the rules in effect at the time th[e] application

 is submitted." It also falsely certified that "[c]urrent economic uncertainty makes this Imo request

 necessary to support the ongoing operations of the Applicant." Lake of the Pines has a}iplied for

 forgiveness, and the United States forgave this loan (through its agent lender) in the amount of

 $701,133 (including interest).

         94.     Monte Vista Grove applied for and received a PPP loan of$951,000, approved on

 May 8, 2020. In Monte Vista Grove's application, Monte Vista Grove knowingly and falsely

 certified that it was "eligible to receive a loan under the rules in effect at the time th[e] application

 is submitted." It also falsely certified that "[c]urrent economic uncertainty makes this loan request

 necessary to support the ongoing operations of the Applicant." Monte Vista Grove has applied for

 forgiveness, and the United States forgave this loan (through its agent lender) in the amount of

 $960,562 (including interest).

         95.     North Coast Village applied for and received a PPP loan of $359,900, apwoved on

 April 28, 2020. In North Coast Village's application, North Coast Village knowingly and falsely

 certified that it was "eligible to receive a loan under the rules in effect at the time th[e] application

 is submitted." It also falsely certified that "[c]urrent economic uncertainty makes this loan request

 necessary to support the ongoing operations of the Applicant." North Coast Village ha:i applied

 for forgiveness, and the United States forgave this loan (through its agent lender) in the amount of

 $363,079 (including interest).

                                                    25
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         96.     The Palms applied for and received a PPP loan of $327,035, approved oi1 May 7,

  2020. The Palms also applied for and received a second PPP loan of $425,260, approved on

 February 5, 2021. In The Palms's applications, The Palms Imowingly and falsely certified that it

 was "eligible to receive a loan under the rules in effect at the time th[e] application is submitted."

 It also falsely certified that "[ c]urrent economic uncertainty makes this loan request necessary to

 support the ongoing operations of the Applicant." The Palms has applied for forgivenes,, and the

 United States forgave its first loan (through its agent lender) in the amount of$328,791 (including

 interest). The Palms also applied for forgiveness for its second loan, and the United States forgave

 this second loan (through its agent lender) in the amount of$429,198 (including interest).

         97.     PGA West applied for and received a PPP loan of $229,287, approved on June 22,

 2020. In PGA West's application, PGA West Imowingly and falsely certified that it was."eligible

 to receive a loan under the rules in effect at the time th[e] application is submitted." It aI o falsely
                                                                                               1
 certified that "[ c]urrent economic uncertainty makes this loan request necessary to support the

 ongoing operations of the Applicant." PGA West has applied for forgiveness, and the United States

 forgave this loan (through its agent lender) in the amount of $232,400 (including interest).

         98.     Pine Mountain Lake applied for and received a PPP loan of$687,500, approved on

 April 14, 2020. Pine Mountain Lake also applied for and received a second PPP loan of $950,000,

 approved on February 3, 2021. In Pine Mountain Lake's applications, Pine Mountiun Lake

 Imowingly and falsely certified that it was "eligible to receive a loan under the rules in effect at

 the tinle th[e] application is submitted." It also falsely certified that "[c]urrent economic

 uncertainty makes this loan request necessary to support the ongoing operations of the Applicant."

 Pine Mountain Lake has applied for forgiveness, and the United States forgave its jirst loan

 (through its agent lender) in the amount of$692,045 (including interest). Pine Mountain Lake also

                                                    26
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                                               of 43




 applied for forgiveness for its second loan, and the United States forgave this second loan (through

 its agent lender) in the amount of $953,431 (including interest).

         99.     Regency Wilshire applied for and received a PPP loan of $151,000, ap_i:!oved on

 April 28, 2020. In Regency Wilshire's application, Regency Wilshire knowingly and falsely

 certified that it was "eligible to receive a loan under the rules in effect at the time th[e] application

 is submitted." It also falsely certified that "[ c]urrent economic uncertainty makes this loa'l request

 necessary to support the ongoing operations of the Applicant." Regency Wilshire has aJtplied for

 forgiveness, and the United States forgave this loan (through its agent lender) in the amount of

 $152,427 (including interest).

         100.    San Diego Country Estates applied for and received a PPP loan of $970,200,

 approved on April 13, 2020. San Diego Country Estates also applied for and received a second

 PPP loan of $849,971, approved on February 1, 2021.                 In San Diego Country Estates's

 applications, San Diego Country Estates knowingly and falsely certified that it was "efigible to

 receive a loan under the rules in effect at the time th[e] application is submitted." It ah,o falsely

 certified that "[ c]urrent economic uncertainty makes this loan request necessary to support the

 ongoing operations of the Applicant." San Diego Country Estates has applied for forgiveness, and

 the United States forgave its first loan (through its agent lender) in the amount of S977,244

 (including interest). San Diego Country Estates also applied for forgiveness for its second loan,

 and the United States forgave this second loan (through its agent lender) in the amount of $855,909

 (including interest).

         101.    Santaluz Club applied for and received a PPP loan of $1,250,000, approved on

 April 8, 2020. In Santaluz Club's application, Santaluz Club knowingly and falsely certified that

 it was "eligible to receive a loan under the rules in effect at the time th[ e] application is submitted."

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 It also falsely certified that "[c]urrent economic uncertainty makes this loan request nee ~ssary to

 support the ongoing operations of the Applicant." Santaluz Club has applied for forgiveness, and

 the United States forgave this loan (through its agent lender) in the amount of $1,257,158

 (including interest).

         102.    Sea Ranch applied for and received a PPP loan of$757,047, approved on May 1,

 2020. In Sea Ranch's application, Sea Ranch knowingly and falsely certified that it was "eligible

 to receive a loan under the rules in effect at the time th[e] application is submitted." It al:io falsely

 certified that "[c]urrent economic uncertainty makes this loan request necessary to support the

 ongoing operations of the Applicant." Sea Ranch has applied for forgiveness, and the United States

 forgave this loan in part (through its agent lender) in the amount of $281,522.

         103.    Seven Lakes applied for and received a PPP loan of $324,355, approvedpn April

 27, 2020. In Seven Lakes's application, Seven Lakes knowingly and falsely certified tbat it was

 "eligible to receive a loan under the rules in effect at the time th[e] application is submitted." It

 also falsely certified that "[c]urrent economic uncertainty makes this loan request necessary to

 support the ongoing operations of the Applicant." Seven Lakes has applied for forgiveness, and

 the United States forgave this loan (through its agent lender) in the amount of$328,087 (including

 interest).

         104.    Shady Canyon applied for and received a PPP loan of $1,689,200, approved on

 April 3, 2020. In Shady Canyon's application, Shady Canyon knowingly and falsely certified that

 it was "eligible to receive a loan under the rules in effect at the time th[ e] application is submitted."

 It also falsely certified that "[c]urrent economic uncertainty makes this loan request nec'essary to
                                                                                                 I
 support the ongoing operations of the Applicant." Shady Canyon has applied for forgivej1ess, and
                                                                                                 !




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 the United States forgave this loan (through its agent lender) in the amount of $1,698,595

 (including interest).

          105.   Sierra Towers applied for and received a PPP loan of $239,300, approved. on April

 30, 2020. In Sierra Towers's application, Sierra Towers knowingly and falsely certified that it was

 "eligible to receive a loan under the rules in effect at the time th[e] application is submitted." It

 also falsely certified that "[c]urrent economic uncertainty makes this loan request nec,~ssary to

 support the ongoing operations of the Applicant." Sierra Towers has applied for forgiveness, and

 the United States forgave this loan (through its agent lender) in the amount of$241,785 (including

 interest).

         106.    Smith Ranch Homes applied for and received a PPP loan of $815,640, approved on

 April 28, 2020. In Smith Ranch Homes's application, Smith Ranch Homes knowingly and falsely

 certified that it was "eligible to receive a loan under the rules in effect at the time th[ e] application

 is submitted." It also falsely certified that "[c]urrent economic uncertainty makes this loan request

 necessary to support the ongoing operations of the Applicant." Smith Ranch Homes has applied

 for forgiveness, and the United States partially forgave this loan (through its agent lender) in the

 amount of$218,540.

         107.    Sun City applied for and received a PPP loan of $1,424,800, approved on May 3,

 2020. In Sun City's application, Sun City knowingly and falsely certified that it was "eligible to

 receive a loan under the rules in effect at the time th[e] application is submitted." It also falsely

 certified that "[ c]urrent economic uncertainty makes this loan request necessary to support the

 ongoing operations of the Applicant." The current status of this loan is unknown.

         108.    Valley-Hi applied for and received a PPP loan of$428,055, approved on March 1,

 2021. In Valley-Hi's application, Valley-Hi knowingly and falsely certified that it was "eligible to
                                                                                                '
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 receive a loan under the rules in effect at the time th[e] application is submitted." It als.o falsely

 certified that "[ c]urrent economic uncertainty makes this loan request necessary to support the

 ongoing operations of the Applicant." Valley-Hi has applied for forgiveness, and the United States

 forgave this loan (through its agent lender) in the amount of $431,315 (including interest).

         109.    The Villages applied for and received a PPP loan of$1,612,414, approved on May

 1, 2020. In The Villages's application, The Villages knowingly and falsely certified that it was

 "eligible to receive a loan under the rules in effect at the time th[e] application is submitted." It

 also falsely certified that "[c]urrent economic uncertainty makes this loan request necessary to

 support the ongoing operations of the Applicant." The Villages has applied for forgiveness, and

 the United States forgave this loan (through its agent lender) in the amount of $1,631,942

 (including interest).

         110.    Wilshire-Holmby applied for and received a PPP loan of $183,250, app:oved on

 April 28, 2020. In Wilshire-Holmby's application, Wilshire-Holmby knowingly and falsely

 certified that it was "eligible to receive a loan under the rules in effect at the time th[e] application

 is submitted." It also falsely certified that "[c]urrent economic uncertainty makes this loan request

 necessary to support the ongoing operations of the Applicant." Wilshire-Holmby has applied for

 forgiveness, and the United States forgave this loan (through its agent lender) in the amount of

 $184,239 (including interest).

         111.    Wilshire-Westholme applied for and received a PPP loan of $147,250, approved on

 April 27, 2020. In Wilshire-Westholme's application, Wilshire-Westholme knowingly and falsely

 certified that it was "eligible to receive a loan under the rules in effect at the time th[e] application

 is submitted." It also falsely certified that "[c]urrent economic uncertainty makes this Ioa·1 request

 necessary to support the ongoing operations of the Applicant." Wilshire-Westholme ha,, applied

                                                    30
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                                               of 43




 for forgiveness, and the United States forgave this loan (through its agent lender) in the amount of

 $148,186 (including interest).

         112.    Woodhaven Club HOA applied for and received a PPP loan of$331,800, approved

 on April 30, 2020. In Woodhaven Club HOA's application, Woodhaven Club HOA ki10wingly

 and falsely certified that it was "eligible to receive a loan under the rules in effect at the time th[e]

 application is submitted." It also falsely certified that "[c]urrent economic uncertainty makes this

 loan request necessary to support the ongoing operations of the Applicant." Woodhafen Club

 HOA has applied for forgiveness, and the United States forgave this loan (through its agent lender)

 in the amount of$333,764 (including interest).

         113.    Yosemite Lakes applied for and received a PPP loan of $650,492, approved on

 April 15, 2020. In Yosemite Lakes's application, Yosemite Lakes knowingly and falsely certified

 that it was "eligible to receive a loan under the rules in effect at the time th[e] application is

 submitted." It also falsely certified that "[c]urrent economic uncertainty makes this loa11 request

 necessary to support the ongoing operations of the Applicant." Yosemite Lakes has applied for

 forgiveness, and the United States forgave this loan (through its agent lender) in the amount of

 $659,019 (including interest).

                          VIII.    ACTIONABLE CONDUCT BY DEFENDANTS

 A. FALSE CLAIMS ACT
         114.    This is an action to recover damages and civil penalties on behalf of the United

 States and the Relator arising from false or fraudulent statements, claims, and acts by Defendants

 made in violation of the False Claims Act, 31 U.S.C. §§ 3729-32.

         115.    The FCA provides that any person who:

                 (A) knowingly presents, or causes to be presented, a false claim or
                 fraudulent claim for approval; [or]
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                (B) knowingly makes, uses, or causes to be made or used, a false record or
                statement material to a false or fraudulent claim;


 is liable to the Government for a civil penalty not less than $11,665 and not more than

 $22,331 for each such claim, plus three times the amount of damages sustained by the

 Government because of the false or fraudulent claim. See 31 U.S.C. § 3729(a)(l).


        116.    The FCA defines "claim" as:

               (A) [] any request or demand, whether under a contract or otherwise, for
               money or property and whether or not the United States has title to the
               money or property, that-

                       (i) is presented to an officer, employee, or agent of the United States;
                       or

                       (ii) is made to a contractor, grantee, or other recipient, if the money
                       or property is to be spent or used on the Government's behalf or t.o
                       advance a Government program or interest, and if the United Stat,,s
                       Government-

                               (31) provides or has provided any portion of the money or
                                  property requested or demanded; or

                              (II) will reimburse such contractor, grantee, or other
                              recipient for any portion of the money or property which is
                              requested or demanded ....
 31 U.S.C. § 3729(b)(2).

        117.   The FCA allows any persons having knowledge of a false or frauduknt claim

 against the Government to bring an action in feder!\l district court for themselves and for the

 Government and to share in any recovery as authorized by 31 U.S.C. § 3730.

        118.   Based on these provisions, Relator Riner, on behalf of the United States and on his

 own behalf, seeks through this action to recover damages and civil penalties aris\ng from

 Defendants' violations of the False Claims Act.



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                                             of 43




 B. DEFENDANTS' VIOLATIONS OF THE FALSE CLAIMS ACT

         i.      Presentation of False or Fraudulent Claims (31 U.S.C. § 3729(a)(l)(A))
                                                                                        '
         119.    In 2020 and 2021, Defendants knowingly presented false and fraudulent dlaims for

 payment and approval directly to their lenders, deputized agents of the United States go\emment,

 which falsely stated that they were eligible entities for PPP loans and that they needed the loans in

 order to support their ongoing operations. The falseness of these claims was exacerba1ed when

 Defendants applied for forgiveness of their loans and falsely certified that they complie(l with all

 the requirements of the PPP Rules.

         120.   Due to Defendants' actions, Defendants collectively borrowed millions of dollars

 of forgivable loans that, even if paid back, are also set at a below-market interest rate. These loans

 were disbursed at the expense of countless United States businesses who qualified for PPP loans

 but could not apply because Congress's funding ran out. Additionally, the United States has paid

 millions of dollars to lenders for the forgiven loans, which is now lost. Accordingly, the United

 States has suffered actual damages and is entitled to recover treble damages plus a civil inonetary

 penalty for each false claim.

         ii.    Making or Using-or causing to be made or used-False Re~ords or
                Statements Material to False or Fraudulent Claims (31 U.S.C. § 3729( 1)(l)(B))
                                                                                             1


         121.   In 2020 and 2021, Defendants made, use, or caused to be made or used, false

 records or statements material to false or fraudulent claims paid or approved by the Government.

         122.   Defendants knew that their applications falsely certified that they were entities

 eligible to receive PPP loans and that they falsely certified that the PPP loans were necessary to

 support ongoing operations. Beyond Defendants' own direct claims, Defendants' false statements

 knowingly caused these false claims, which were material to the lenders' eventual claims to the

 United States for additional interest and loan-forgiveness reimbursement.
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          123.   Due to Defendants' actions, Defendants collectively borrowed millions (,f dollars

  of forgivable loans that their lenders' then received millions of dollars in payrr;,ents for

 administering and reimbursing. The United States disbursed this money to the lenders at the

 expense of countless United States businesses who qualified for PPP loans but could not apply

 because Congress's funding ran out. Additionally, the United States has paid millions of dollars to

 lenders for the forgiven loans, which is now lost. Accordingly, the United States has suffered actual

 damages and is entitled to recover treble damages plus a civil monetary penalty for each false

 claim.

 C. DEFENDANTS' VIOLATIONS OF THE FALSE CLAIMS ACT ARE MATERIAL.

          124.   A false or fraudulent claim under subsection (a)(l)(A) or a false record or statement

 under subsection (a)(l)(B) subjects a defendant to liability if it is material. The False Clf.(ims Act

 defines "material" as "having a natural tendency to influence, or be capable of influencing, the

 payment or receipt of money or property." 31 U.S.C. § 3729(b)(4).

          125.   The United States set up a multi-part process of reliance on others in order to

 expeditiously execute the PPP program and keep the economy on track despite the COVID-19

 Pandemic. First, Congress and the SBA authorized certain lenders to issue PPP loans without the

 Government's prior review or express approval. Second, although lenders were delegated the

 responsibility for determining borrower eligibility, the lenders were directed to uile forms

 promulgated by the SBA that included numerous certifications-including a certifi~ation of

 eligibility.

          126.   The lenders-and thus by extension the United States Government-relied heavily

 on these certifications. Indeed, when the PPP was originally funded with $349 Billion, th{>se funds
                                                                                           I
 were depleted less than three weeks after the CARES Act first passed. Lenders and the United

                                                  34
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                                               of 43




 States Government instinctively relied on applicants' promises of eligibility, particularly when no

 data submitted on the application obviously indicated ineligibility.

         127.    In particular, to process loans so quickly, lenders utilized an automated:tool that

 compared loan data against publicly available information and identified anomalies .that may

 indicate non-compliance purely based on this data. See SBA Procedural Notice, No. 5000-20092

 (Feb. 10, 2021). 1 This data was largely limited to information about the number of emplqyees and
                                                                                                  ',
 payroll size of applicant companies, which were key components to qualifications as ~vell. The
                                                                                                  !

 automated tool's focus on this data, however, meant that qualifications such as the fact that only

 certain types of entities ("business interests" and certain specified other organizations) were less

 noticeable and more tied to applicants' certification that they qualified for the PPP loan in the first

 instance.

         128.    The SBA sometimes conducted additional data analysis beyond the automated tool

 in order to identify noncompliant applicants. But again, their data analysis was limited tc'J the data

 available and necessarily was unable to catch entities that applied for PPP loans but were not

 "business interests" or other qualified organizations. Again, the SBA relied on the certiffoations of

 applicants that they were qualified for SBA loans.

         129.    By making false and fraudulent misrepresentations that they were qualifie~l for PPP

 loans and that they complied with all PPP requirements, the Defendants here took advantage of

 the automated tool and data analyses used by lenders and the United States Government in order

 to defraud those institutions. Defendants' certifications of qualification and compliance,

 notwithstanding their knowledge that they did not qualify due to their HOA and condominium-



     Available at https://www.sba.gov/sites/default/files/2021-02/Procedural%20Notice%205000-20092%20-
     %20Revised%20PPP%20Procedures%20to%20Address%20Hold%20Codes-508.pdf.

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 association and not-for-profit country-club statuses, not only had the natural tendency to 'nfluence

 the award and forgiveness of PPP loans but in fact did so. Defendants' fraudulent ;md false

 certifications specifically evaded the compliance measures used by the United States Government

 and participating lenders. Had Defendants told the truth, and noted that they lacked qualification

 (or even that their qualifications were questionable) due to their HOA or condominium-association

 or not-for-profit country-club status, they would not have received PPP loans or forgiwness for

 those loans.

                                    IX.     CAUSES OF ACTION

 A.     COUNT     I - PRESENTATION        OF   FALSE OR FRAUDULENT CLAIMS               (31   U.S.C.
         § 3729(a)(l)(A))

         130.   Relator alleges and incorporates by reference each and every allegation contained

 in paragraphs 1-118, 119-20, and 124--29 of this Complaint.

         131.   In 2020 and 2021, Defendants knowingly presented or caused to be preser;ted false

 or fraudulent claims for payment or approval to the United States Government for PPP Loans and

 forgiveness of their PPP Loans.

         132.   Specifically, Defendants submitted or caused the submission of false or fraudulent

 claims when they applied for PPP loans and falsely and fraudulently stated that they wen: eligible

 entities for PPP loans and that they needed the loans in order to support their ongoing operations,

 even though they knew that they were ineligible and that they did not need the loans t,} support

 their ongoing obligations.

        133.    The false PPP applications were "claims" under the FCA because they were

 "request[s] or demand[s] ... for money or property ... that" were "presented to ar.. officer,

 employee, oragentofthe United States." 31 U.S.C. § 3729(b)(2)(A)(i) (emphasis added}. Indeed,

 they were requests for money submitted directly to financial institutions as agents of the United
                                                 36
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                                             of 43




  States. Alternatively, the PPP applications were claims because the financial institutions were

  "contractor[s], grantee[s], or other recipient[s]" of money who would be "reimburse[d] .,. for any

  portion of the money or property which [wa]s requested or demanded." Id § 3729(b)(2)(,A)(ii).

         134.    Defendants also submitted or caused submission of claims when they aJ>plied for

  forgiveness of their PPP loans and falsely and fraudulently certified that they complied with all

 the requirements of the PPP Rules, even though they knew they did not.

         135.    The applications for forgiveness were likewise additional claims, beciuse they

 further "request[ed] or demand[ ed]" money or property from the United States, similar to the initial

 PPP loan applications. See 31 U.S.C. § 3729(b)(2)(A).

         136.    The United States Government, unaware of the material falsity of the claims made

 or caused to be made by Defendants, approved, paid, and participated in payments made by the

 Government's fiscal intermediaries for loans that were not allowed and in loan forgiveness that

 otherwise was not allowed.

         13 7.   By reason of these payments, approvals, and loan forgivenesses, the Government

 has been damaged in an amount yet to be determined. Accordingly, the United States suffered

 actual damages and is entitled to recover treble damages plus a civil monetary penalty for each

 presentment of a false claim.

 B.     COUNT Il - MAKING OR USING FALSE STATEMENTS MATERIAL TO FALSE OR
        FRAUDULENT CLAIMS (31 U.S.C. § 3729(a)(l)(B))

         13 8.   Relator alleges and incorporates by reference each and every allegation contained

 in paragraphs 1-118, 121-23, and 124----29 of this Complaint.

         139.    In 2020 and 2021, Defendants knowingly made, used, or caused to be made or used,

 false records or statements material to false or fraudulent claims paid or approved by the

 Government.
                                                  37
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                                             of 43




         140.    Defendants' statements of eligibility in their PPP applications were false.

  Defendants knew that these statements were false because Defendants knew that they ,were not

 business entities eligible to receive PPP loans.

         141.    Defendants' statements in their PPP applications that they that they needed the

 loans in order to support their ongoing operations were false. Defendants knew that these

 statements were false because they knew that they could continue their ongoing operations without

 a PPP loan.

         142.    Defendants' statements in their applications for forgiveness that they complied with

 all the requirements of the PPP Rules were false. Defendants knew that these statements were false

 because they were ineligible for PPP loans and that they did not need the loans in order to support

 their ongoing operations.

         143.   Defendants' false statements herein were material to their .claims false and

 fraudulent claims for payment and approval that would be made to the United States Government

 in conjunction with their statements. The statements also made the fmancial institutions' claims

 for payment and reimbursement of loan money false and were material to those false claims, as

 well.

         144.   Defendants' false statements were material because the Government's lending

 agents-and by extension the United States Government itself-heavily relied on these

 certifications in processing PPP loans as quickly as possible with the assistance of an automated

 tool that itself would trust these certifications. Defendants' false statements thus not only had the

 natural tendency to influence the award and forgiveness of PPP loans but in fact did so.




                                                    38
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                                                 of 43




         145.   The United States Government, unaware of the material falsity of the claims made

  or caused to be made by Defendants due to these material statements, approved, paid, and

 participated in payments and forgiveness for loans that were not allowed.

         146.   But for Defendants' use of the materially false statements, the PPP loans would not

 have been paid.

         147.   Because of their false or fraudulent statements, Defendants earned millions of

 dollars through PPP loans to which they are not legitimately entitled. The ultimate subn:jssion to

 the federal Government of claims for payment was a foreseeable consequence of this fmud. As a

 result, the United States has suffered substantial damages and is entitled to recover treble damages

 and civil monetary penalties.

                                      X.      PRAYER FOR RELIEF

        148.    WHEREFORE, Riner respectfully requests the Court enter judgmem against

 Defendants for violations of the FCA and award the following:

                a. damages in the amount of three times the actual damages suffered by the United

                    States as a result of Defendants' conduct;

                b. Civil penalties against Defendants up to the maximum allowed by law for each

                    violation of31 U.S.C. § 3729;

                c. The maximum awardRelator may recover pursuant to 31 U.S.C. § 3730(d);

                d. All costs and expenses of the litigation, including attorneys' fees and costs of

                    court; and

                e. All other relief on behalf of Relator or the United States that the Court deems

                   just and proper.



                                                  39
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                                          of 43




                              XI.     DEMAND FOR JURY TRIAL

       149.   Pursuant to Federal Rule of Civil Procedure 38, Relator demands a trial by jury.
                                                                                       '


                                        Respectfully submitted,


                                         A~~
                                        Randall C. Owens
                                        State Bar No. 15380700
                                        Michael Adams-Hurta
                                        State Bar No. 24097860
                                        WRIGHT CLOSE & BARGER, LLP
                                       One Riverway, Suite 2200
                                       Houston, Texas 77056
                                       Telephone: (713) 572-4321
                                       Telecopier: (713) 572-4320
                                       owens@wrightclosebarger.com
                                       hurta@wrightclosebarger.com
                                       Attorneys for Relator Wade Riner




                                              40
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                                            of 43



                                 CERTIFICATE OF SERVICE

        I hereby certify that on August 29, 2022, a true and correct copy of this Original Complaint
 was forwarded to the United States Attorney's Office for the Southern District of Calif\>rnia and
 the Department of Justice in Washington, D.C. via certified mail, return receipt requeste,1.

                                               Isl Michael Adams-Hurta
                                               Michael Adams-Hurta




                                                41
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                                     of 43




                      Court Name; USDC California Southam
                      Div1s1on: 3
                      Rece1pt Number: CAS140196
                      Cash1er ID: bsandov
                      Transaction Date: 08/30/2022
                      Payer Name: Wright Close and Barger LLP
                      CIVIL FILING FEE- NON-PRISONER
                       For: Wrigit Close and Barger LLP
                       Case/Party: D-CAS-3-22-CIJ::001285-001
                       Amount:        $402.00
                      CHECK
                       Check/Maney Order Num : 28223
                       Amt Tendered: $402 .00
                      Tota I Dua:      ~402 .00
                      Tota I Tendered: 402 .00
                      Change /IJnt :     .00


                      There Wi 11 be a fee of $53 .oo
                      charged for any returned check.


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