Complaint in Intervention — Quesenberry (Dkt. 52, S.D. Fla.)

Summary

The United States of America's Complaint in Intervention in United States ex rel. Bryan Quesenberry v. Pan African Interchange, LLC and Stanley Damas, Case No. 9:20-cv-81717-MIDDLEBROOKS, in the U.S. District Court for the Southern District of Florida, entered on the docket May 20, 2022 as Document 52. The government seeks treble damages and civil penalties under the False Claims Act, 31 U.S.C. §§ 3729-33, and relief for unjust enrichment and payment by mistake. It alleges that Pan African Interchange received a $312,000.00 PPP loan from Celtic Bank Corporation on or about May 22, 2020 and a second PPP loan of $208,332.00 from an application submitted to WebBank on or about June 24, 2020, after Damas certified the company had not received another PPP loan. The certificate of service is dated May 17, 2022 and digitally signed by Assistant United States Attorney James A. Weinkle.

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 in Intervention — Quesenberry (Dkt. 52, S.D. Fla.).” Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-no-9-20-cv-81717-dkt-52-s-d-fla-18639d0a4c/, SHA-256 4dc766ddfc05c3a4b004704d872b8e78d7dd071bf385a9d7d8409b4f7436d41c.

Full text

Case 9:20-cv-81717-DMM Document 52 Entered on FLSD Docket 05/20/2022 Page 1 of 28

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO.: 9:20-cv-81717-MIDDLEBROOKS

UNITED STATES OF AMERICA,
ex rel.
BRYAN QUESENBERRY,

Plaintiffs,
vs.

PAN AFRICAN INTERCHANGE, LLC, a Florida
Limited Liability Company; and
STANLEY DAMAS, individually and as the Manger
and Owner of PAN AFRICAN INTERCHANGE,
LLC,

Defendants.

UNITED STATES OF AMERICA’S COMPLAINT IN INTERVENTION
(JURY TRIAL DEMANDED)

Plaintiff, the United States of America (“United States”) through its undersigned

counsel, hereby files its Complaint in Intervention against Defendants Pan African

Interchange, LLC, a Florida Limited Liability Company, and Stanley Damas, individually

and as the Manger and Owner of Pan African Interchange, LLC and represents as follows:

I. Introduction

1. The United States brings this action to recover treble damages, civil penalties,

and costs under the False Claims Act (“FCA”), 31 U.S.C. §§ 3729-33, and to recover damages

and other monetary relief under the common law and equitable theories of unjust enrichment

and payment by mistake.

2. This action arises from false statements and claims that Defendants Pan

African Interchange, LLC (“Pan African Interchange”) and its Manager and Owner, Stanley

Damas (“Damas”), listed in the caption (collectively “Defendants”), knowingly presented to,
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or caused to be presented to, the United States and the United States Small Business

Administration (“SBA”) and lenders acting on the SBA’s behalf, in violation of the FCA and

common law.

A. The CARES Act and Paycheck Protection Program

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

(“the CARES Act” or “the Act”) (Pub. L. 116-136) became law and provided emergency

assistance and health care response for individuals, families, and businesses affected by the

coronavirus pandemic. SBA received funding and authority through the Act to modify

existing loan programs and establish a new loan program to assist small businesses nationwide

adversely impacted by the COVID-19 emergency.

4. The CARES Act authorized loans to eligible small businesses struggling to pay

employees and other business expenses as a result of the devastating effect of the COVID-19

pandemic.

5. Section 1102 of the CARES Act temporarily permitted the SBA to guarantee

100 percent of 7(a) loans under a new program titled the “Paycheck Protection Program”

(“PPP”).

6. On April 24, 2020, the Paycheck Protection Program and Health Care

Enhancement Act (Pub. L. 116-139) became law and provided additional funding and

authority for the PPP. On June 5, 2020, the Paycheck Protection Program Flexibility Act of

2020 (Flexibility Act) (Pub. L. 116-142) became law and changed key provisions of the

Paycheck Protection Program, including provisions relating to the maturity of PPP loans, the

deferral of PPP loan payments, and the forgiveness of PPP loans.

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7. Under the PPP, in 2020, eligible businesses could obtain one SBA guaranteed

PPP loan. Businesses were required to spend loan proceeds for employee compensation, rent

or mortgage, and other specified expenses and, depending on their use of the loan proceeds,

could qualify for loan forgiveness, up to the full amount of the loan.

8. The SBA delegated authority to third-party lenders to underwrite and approve

the PPP loans. In order to obtain a PPP loan, a qualifying business (through its authorized

representative) signed and submitted a PPP loan application (SBA Form 2483) online through

the lender’s application platform. The PPP loan application (SBA Form 2483) required the

business (through its authorized representative) to acknowledge the PPP program rules and

make certain affirmative certifications in order to be eligible to obtain the PPP loan.

9. Once the Borrower submitted its PPP loan application (SBA Form 2483) to a

Lender, the participating lender processed the PPP loan application. If a PPP loan application

(SBA Form 2483) was approved by the participating lender, it thereafter funded the PPP loan

using its own monies, which were 100% guaranteed by the SBA.

10. After the Lender processed and approved a borrower’s PPP loan application

(Form 2483), but prior to the closing of the PPP loan, the Lender submitted to the SBA, the

Lender’s Application - Paycheck Protection Program Loan Guaranty (SBA Form 2484) to

the SBA applying for a guarantee on the loan. For a PPP loan to be approved, the Lender was

required to Answer Yes to the following questions in the Lender’s Application - Paycheck

Protection Program Loan Guaranty (SBA Form 2484) as to the Borrower’s certification of its

General Eligibility to receive a PPP Loan:

 The Applicant has certified to the Lender that (1) it was in operation on February 15,
2020, has not permanently closed, and was either an eligible self-employed individual,
 Yes  No
independent contractor, or sole proprietorship with no employees or had employees for
whom it paid salaries and payroll taxes or paid independent contractors, as reported on

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Form(s) 1099MISC; (2) current economic uncertainty makes this loan request
necessary to support the ongoing operations of the Applicant; (3) the funds will be
used to retain workers and maintain payroll, or make payments for mortgage interest,
rent, utilities, covered operations expenditures, covered property damage costs,
covered supplier costs, and covered worker protection expenditures; and (4) the
Applicant has not and will not receive another loan under the Paycheck
Protection Program, section 7(a)(36) of the Small Business Act (15 U.S.C.
636(a)(36)) (this does not include Paycheck Protection Program second draw
loans, section 7(a)(37) of the Small Business Act (15 U.S.C. 636(a)(37)).

SBA Form 2484 (emphasis added). Therefore, if a PPP borrower lied on its PPP loan

application (SBA Form 2483), the PPP borrower’s false certification caused the Lender to

submit to the SBA with respect to that PPP Loan, a Lender’s Application - Paycheck

Protection Program Loan Guaranty (SBA Form 2484) that contained the PPP borrower’s

False Statement.

B. Defendants’ Unlawful Acts to Unlawfully Obtain More Than One PPP
Loan in 2020

11. Defendants knowingly presented and/or made, or caused to be presented

and/or made, the false claims and statements at issue, in order to participate in the PPP that

SBA administers.

(1) Pan African Interchange First PPP Application

12. On or about May 20, 2020, on behalf of Pan African Interchange, Damas

submitted a PPP application seeking a PPP Loan of $312,000.00 (“Pan African Interchange

First PPP Application”). Stanley Damas electronically signed the loan application as Owner

and Authorized Representative of Pan African Interchange. The Pan African Interchange

First PPP Application was submitted through BlueVine, Processor and Servicer for Celtic

Bank and contained various statements Damas certified as true, among which were the

following:

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• I have read the statements included in this form, including the Statements
Required by Law and Executive Orders, and I understand them.

• The Applicant is eligible to receive a loan under the rules in effect at the time
this application is submitted that have been issued by the Small Business
Administration (SBA) implementing the Paycheck Protection Program under
Division A, Title 1 of the Coronavirus Aid, Relief, and Economic Security Act
(CARES Act) (the Paycheck Protection Program Rule).

Pan African Interchange First PPP Application (emphasis supplied). In addition, as the

authorized representative of the Applicant, Damas certified on Pan African Interchange’s

behalf, in “good faith” to other Certifications by initialing his initials “SD” next to each one,

including the following:

SD During the period beginning on February 15, 2020 and ending on December
31, 2020, the Applicant has not and will not receive another loan under the
Paycheck Protection Program.

SD I further certify that the information provided in this Application and the
information provided in all supporting documents and forms is true and
accurate in all material respects. I understand that knowingly making a false
statement to obtain a guaranteed loan from SBA is punishable under the law,
including under 18 USC 1001 and 3571 by imprisonment of not more than five
years and/or a fine of up to $250,000; under 15 USC 645 by imprisonment of not
more than two years and/or a fine of not more than $5,000; and, if submitted to a
federally insured institution, under 18 USC 1041 by imprisonment of not more than
thirty years and/or a fine of not more than $1,000,000.
Pan African Interchange First PPP Application (emphasis supplied).

13. On or about May 21, 2020, the lender approved the Pan African Interchange

First PPP Application, and on the same day, on behalf of Pan African Interchange, Damas

signed a PAYCHECK PROTECTION PROGRAM LOAN Section 1102, Keeping

American Workers Paid and Employed Act of the CARES Act PROMISSORY NOTE

(“Promissory Note for Pan African Interchange First PPP Loan”), that provided among other

things, the following Representations and Warranties:

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Compliance with Law. The Borrower is in compliance with all laws, statutes, ordinances,
rules, and regulations applicable to or binding on the Borrower, its property, and
business.

...

Borrower has duly executed and delivered this Note. Information is True and Accurate .
The information provided in all supporting documents and forms to obtain this Loan is
true and accurate in all material respects. The Borrower (and any individual who
provided information for the application of this Loan) understands that knowingly
making a false statement to obtain this loan from SBA is punishable under the law,
including under 18 USC 1001 and 3571 by imprisonment of not more than five years
and/or a fine of up to $250,000; under 15 USC 645 by imprisonment of not more than
two years and/or a fine of not more than $5,000; and, if submitted to a federally insured
institution, under 18 USC 1014 by imprisonment of not more than thirty years and/or a
fine of not more than $1,000,000.

UNDERSIGNED BORROWER ACKNOWLEDGES THAT HE/SHE IS THE
AUTHORIZED REPRESENTATIVE OF THE APPLICANT AND HAVING
READ ALL THE PROVISIONS OF THIS LOAN DOCUMENT AND AGREES TO
ITS TERMS

BY SIGNING THE BORROWER AGREES THAT ALL INFORMATION
PROVIDED IN THIS APPLICATION AND ALL SUPPORTING DOCUMENTS
AND FORMS TO OBTAIN THIS LOAN ARE TRUE AND ACCURATE IN ALL
MATERIAL RESPECTS AND THAT ANY KNOWN FALSE STATEMENTS
ARE PUNISHABLE BY FINE, IMPRISONMENT OR BOTH.

Promissory Note for Pan African Interchange First PPP Loan (emphasis supplied).

14. Pan African Interchange received, on or about May 22, 2020, a $312,000.00

Paycheck Protection Program Loan from Celtic Bank Corporation (“Pan African Interchange

First PPP Loan”).

(2) Pan African Interchange Second PPP Application

15. On May 21, 2020, on behalf of Pan African Interchange, Damas submitted a

second PPP application for a PPP Loan in the amount of $208,332.00. Stanley Damas signed

the loan application as Owner and Authorized Representative of Pan African Interchange

(“Pan African Interchange Second PPP Application”). The Pan African Interchange Second

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PPP Application was submitted to WebBank and contained various statements Damas

certified as true, among which were the following:

• I have read the statements included in this form, including the Statements Required
by Law and Executive Orders, and I understand them.

Pan African Interchange Second PPP Application (emphasis added). In addition, as the

authorized representative of the Applicant, Damas certified on Pan African Interchange’s

behalf, in “good faith” to other Certifications by initialing his initials “SD” next to each one,

including the following.

SD During the period beginning on February 15, 2020 and ending on December
31, 2020, the Applicant has not and will not receive another loan under the
Paycheck Protection Program.

16. Pursuant to Pan African Interchange Second PPP Application, Pan African

Interchange received, on or about June 24, 2020, a second PPP Loan in the amount of

$208,332.00 (“Pan African Interchange Second PPP Loan”).

17. In association with the Pan African Interchange Second PPP Loan and after

Pan African had received on May 22, 2020 the Pan African Interchange First PPP Loan, on

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behalf of Defendant Pan African Interchange, Defendant Damas, again falsely certified and

initialed in “good faith” on June 12, 2020 in the Pan African Interchange Second PPP

Application, that

SD During the period beginning on February 15, 2020 and ending on December
31, 2020, the Applicant has not and will not receive another loan under the
Paycheck Protection Program.

Pan African Interchange Second PPP Application dated June 12, 2020 (emphasis suppled).

18. Also on June 12, 2020, Damas, as Pan African Interchange’s authorized

representative, further falsely certified as true in the SBA PPP LOAN AGREEMENT for the

Pan African Interchange Second PPP Loan (“Loan Agreement for Pan African Interchange

Second PPP Loan”):

BY SIGNING BELOW (EITHER MANUALLY OR ELECTRONICALLY), YOU,
THE UNDERSIGNED:
...
(2) CERTIFY, THAT TO THE BEST OF YOUR KNOWLEDGE, THE
INFORMATION PROVIDED RELATING TO THE BORROWER’S LOAN
APPLICATION AND THIS AGREEMENT, INCLUDING, WITHOUT
LIMITATION, INFORMATION RELATING TO THE BORROWER’S
BENEFICIAL OWNER(S), IS COMPLETE AND CORRECT . . .

Loan Agreement for Pan African Interchange Second PPP Loan (emphasis supplied).

(3) Defendants’ False Certifications

19. Despite numerous demands and in violation of the PPP program rules and the

FCA, Defendants have unlawfully refused to return the second PPP Loan.

20. Defendants knowingly made false statements and concealed material

information from the lenders in order to receive federally-guaranteed PPP funds to which they

were not entitled.

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21. Defendants knowingly engaged in fraudulent conduct in an attempt to secure

federally-guaranteed PPP funds and also knowingly and improperly received and retained

PPP assistance even though they were not qualified to do so.

22. Defendants also knowingly provided false statements to the United States in

connection with its investigation of this matter

23. Defendants’ conduct was knowing and material to Defendants’ continued

eligibility to participate in the Paycheck Protection Program. As a result of Defendants’

fraudulent scheme and false representations of PPP eligibility, Defendants received hundreds

of thousands of dollars of CARES Act assistance they otherwise would not have received but

for Defendants’ conduct.

II. JURISDICTION AND VENUE

24. This Court has subject matter jurisdiction over the United States’ claims

brought under the FCA, 31 U.S.C. §§ 3279, et seq., pursuant to 31 U.S.C. §§ 3730 and 3732.

This Court has supplemental jurisdiction to entertain the common law and equitable causes

of action under 28 U.S.C. § 1367(a).

25. This Court has personal jurisdiction over Defendants pursuant to 31 U.S.C. §

3732(a) because at all times material hereto, Defendants transacted business and are found in

the Southern District of Florida, and acts proscribed by 31 U.S.C. § 3729 occurred in this

district.

26. Venue is proper in this district pursuant to 31 U.S.C. § 3732(a), and under 28

U.S.C. §§ 1391(b) and 1395(a), because Pan African Interchange is a Florida limited liability

company, does business and is headquartered in Miami-Dade County, all within the Southern

District of Florida. Moreover, Stanley Damas resides and does business in Miami-Dade

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County within the Southern District of Florida. Furthermore, acts that form the basis of this

Complaint occurred in the Southern District of Florida.

III. PARTIES

27. Plaintiffs are:

a. The United States, acting on behalf of the U.S. Small Business Administration

(“SBA”). The SBA is a federal agency that, among other things, administers

the PPP.

b. Bryan Quesenberry (“Relator”) is a resident of Utah. He filed the original qui

tam complaint in this action on behalf of the United States of America, the real

party in interest. Mr. Quesenberry is admitted to practice law in the State of

Utah and appears pro se in this case.

28. Defendant Pan African Interchange is a Florida limited liability company. At

times material hereto, Pan African Interchange’s principal place of business is located in

Miami-Dade County, Florida. At times material hereto, Pan African Interchange or an entity

related thereto, held itself out to be “a leading global energy commodities merchant and

infrastructure asset investor.”

29. Defendant Stanley Damas was, at times material hereto, the owner and

Manager of Pan African Interchange. He is a resident of and does business in Miami-Dade

County, Florida. Pan African Interchange utilizes as its business address the same address as

Damas’ homestead.

IV. The Paycheck Protection Program

30. Congress enacted the PPP on March 27, 2020, as part of the Coronavirus Aid,

Relief, and Economic Security Act ("CARES Act"), to provide emergency financial support

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to the millions of Americans suffering the economic effects caused by the COVID-19

pandemic. The CARES Act authorized loans to eligible small businesses struggling to pay

employees and other business expenses.

31. Under the PPP, eligible businesses could obtain one SBA guaranteed PPP loan

prior to December 31, 2020. Borrowers were required to spend loan proceeds for employee

compensation, business rent or mortgage, and other specified business expenses and,

depending on their use of the loan proceeds, could qualify for loan forgiveness, up to the full

amount of the loan.

32. Section 1102 of the Act temporarily permits SBA to guarantee 100% of 7(a)

loans under the PPP. Section 1106 of the CARES Act provides for forgiveness of up to the

full principal amount of qualifying loans guaranteed under the PPP.

33. The CARES Act was intended to provide relief to America's small businesses

expeditiously and gives lenders delegated authority to process loan applications for PPP

funding.

34. SBA allowed lenders to rely on borrowers’ certifications regarding program

eligibility and use of loan proceeds, and to rely on specified documents provided by the

borrower to determine qualifying loan amount, and eligibility for loan forgiveness.

35. On April 2, 2020, the SBA posted the First PPP Interim Final Rule announcing

the implementation of the CARES Act. SBA posted additional interim final rules on April 3,

2020, and April 14, 2020. On April 28, 2020, SBA posted an interim final rule supplementing

the previously posted interim final rules with additional guidance. See, Federal Register / Vol.

85, No. 82 / Tuesday, April 28, 2020 / Rules and Regulations at, 23450-52, available at

https://home.treasury.gov/system/files/136/Interim-Final-Rule-on-Requirements-for-

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Promissory-Notes-Authorizations-Affiliation-and-Eligibility.pdf. This interim final rule

supplemented previous regulations and guidance on several important, discrete issues. The

April 28, 2020, Interim Final Rule was immediately effective without advance notice and

public comment because section 1114 of the CARES Act authorized SBA to issue regulations

to implement Title I of the CARES Act without regard to notice requirements. Id.

36. With respect to the PPP, the April 28, 2020, Interim Final Rule provided

Clarification Regarding Eligible Businesses. See, Federal Register / Vol. 85, No. 82 /

Tuesday, April 28, 2020 / Rules and Regulations at 23451.

a. Is a hedge fund or private equity firm eligible for a PPP loan?

No. Hedge funds and private equity firms are primarily engaged
in investment or speculation, and such businesses are therefore
ineligible to receive a PPP loan. The Administrator, in
consultation with the Secretary, does not believe that Congress
intended for these types of businesses, which are generally
ineligible for section 7(a) loans under existing SBA regulations, to
obtain PPP financing. 1

1
SBA guidance, SOP 50 10 5(K), Subpart B, Ch. 2, Para. III.A.18, states speculative
businesses are not eligible:
III. INELIGIBLE TYPES OF BUSINESSES

18. Speculation (13 CFR § 120.110 (s))
a. Speculative businesses are not eligible. This prohibits loans to an
Applicant for:
i. The sole purpose of purchasing and holding an item until the market
price increases; or
ii. Engaging in a risky business for the chance of an unusually large profit.
b. Speculative businesses include:
...
ii. Dealing in stocks, bonds, commodity futures, and other financial
instruments;
...
iv. Research and Development; . . .

SOP 50 10 5(K), Subpart B, Ch. 2, Para. III.A.18 Speculative Businesses.

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b. Do the SBA affiliation rules prohibit a portfolio company of a private
equity fund from being eligible for a PPP loan?

Borrowers must apply the affiliation rules that appear in 13 CFR
121.301(f), as set forth in the Second PPP Interim Final Rule (85 FR
20817). The affiliation rules apply to private equity-owned businesses
in the same manner as any other business subject to outside
ownership or control. However, in addition to applying any
applicable affiliation rules, all borrowers should carefully review the
required certification on the Paycheck Protection Program Borrower
Application Form (SBA Form 2483) stating that ‘‘[c]urrent economic
uncertainty makes this loan request necessary to support the ongoing
operations of the Applicant.’’

37. PPP applicants, including Pan African Interchange and Damas, were required

to submit documentation necessary to establish eligibility such as payroll processor records,

payroll tax filings, Form 1099 Returns, and documentation of income and expenses. PPP

applicants that were existing in 2019 generally calculated an amount to borrow by aggregating

payroll costs from the previous 12 months (of 2019) for employees whose principal place of

residence is the United States. Annual employee salaries are capped at $100,000. The

borrower then calculated the average monthly payroll cost and multiplied that amount by a

factor of 2.5.

38. Each PPP applicant, including Pan African Interchange, and Damas as the

representative of Pan African Interchange, was required to certify on its PPP application,

among other things that:

During the period beginning on February 15, 2020 and ending on
December 31, 2020, the Applicant has not and will not receive another
loan under the Paycheck Protection Program.
I further certify that the information provided in this application and
the information provided in all supporting documents and forms is
true and accurate in all material respects. I understand that knowingly
making a false statement to obtain a guaranteed loan from SBA is
punishable under the law, including under 18 USC 1001 and 3571 by

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imprisonment of not more than five years and/or a fine of up to $250,000;
under 15 USC 645 by imprisonment of not more than two years and/or a
fine of not more than $5,000; and, if submitted to a federally insured
institution, under 18 USC 1014 by imprisonment of not more than thirty
years and/or a fine of not more than $1,000,000.

PPP Application Certifications (emphasis added).

V. The False Claims Act

39. The United States alleges that, from at least May 20, 2020 through the time of

the filing of this Complaint in Intervention, Defendants violated the FCA by “knowingly”

submitting and/or causing the submission of false claims for payment to lenders authorized

by the SBA to process PPP loan applications in the form of PPP Applications and the resulting

receipt and failure to return PPP loans. These claims for payment were false because

Defendants: (1) made knowingly false statements and certifications in their PPP applications,

and in certifications accompanying its receipt of federal PPP funds, that it was complying

with, and would continue to comply with, applicable laws and regulations governing the

award of PPP loans; and/or (2) made, or caused to be made, false representations in loan

applications that Pan African Interchange was eligible to receive such PPP loans. Moreover,

Defendants’ false claims caused Celtic Bank to submit to the SBA, a Lender’s Application -

Paycheck Protection Program Loan Guaranty (SBA Form 2484) that contained Defendants’

false statement concerning Pan African Interchange’s general eligibility for the PPP loan, on

which the SBA relied and paid to Celtic Bank as of February 8, 2022, the Total SBA

Commitment of $316,684.27 (consisting of $312,000.00 (Principal Purchased) + $4,684.27

(Total Interest Accrued as of payment date)).

40. The False Claims Act prohibits fraudulent conduct in connection with federal

programs, including the knowing submission of false claims for payment to the government.

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See 31 U.S.C. § 3729(a)(1)(A). In these circumstances, liability may attach if the omission

renders those representations misleading.

41. 31 U.S.C. § 3729(a)(1)(A) and (B) of the FCA provide that:

(1) . . . any person who—

(A) knowingly presents, or causes to be presented, a false or fraudulent
claim for payment or approval; [or]

(B) knowingly makes, uses, or causes to be made or used, a false record
or statement material to a false or fraudulent claim,

...

(G) knowingly makes, uses, or causes to be made or used, a false record
or statement material to an obligation to pay or transmit money or
property to the Government, or knowingly conceals or knowingly and
improperly avoids or decreases an obligation to pay or transmit money or
property to the Government,

is liable to the United States Government . . .

31 U.S.C. § 3729(a)(1)(A), (B), and (G) (2020).

42. The scope of a false or fraudulent claim is to be broadly construed. As used in

the FCA, a “claim”

(A) means 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 to
advance a Government program or interest, and if the United States
Government—

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

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(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) (2020).

43. A person who violates the False Claims Act during the time period at issue “is

liable for a civil penalty as adjusted, 2 plus 3 times the amount of damages which the United

States Government sustains because of the act of that person.” 31 U.S.C. § 3729(a). See 28

C.F.R. § 85.3(a)(9); Department of Justice, 28 CFR Part 85, Civil Monetary Penalties

Inflation Adjustments for 2022 published at: https://www.govinfo.gov/content/pkg/FR-

2022-05-09/pdf/2022-09928.pdf.

VI. Pan African Interchange’s and Stanley Damas’s PPP Applications

A. Pan African Interchange and Stanley Damas’ PPP Application through
BlueVine and Celtic Bank

44. On or about May 20, 2020, on behalf of Pan African Interchange, LLC, Stanley

Damas submitted a Paycheck Protection Program application through BlueVine seeking a

PPP Loan of $312,000.00 (“Pan African Interchange First PPP Application”). During the

course of the United States’ investigation of this action, in response to Interrogatory 7 of the

United States’ Civil Investigative Demand No. 21-224 (“CID”), Damas stated under oath

2
Civil penalties in False Claims Act cases were increased pursuant to Federal Civil
Penalties Inflation Adjustment Improvements Act of 2015 (FCPIAIA), Bipartisan Budget
Act of 2015, P.L. 114-74 (Nov. 2, 2015) (“BBA”). For civil penalties assessed after May
9, 2022, whose associated violations occurred after November 2, 2015, the civil monetary
penalties provided by law within the jurisdiction of the Department of Justice were
adjusted as set forth in the column below.
U.S.C. Name/description CFR citation DOJ penalty assessed after May 9, 2022
citation
31 U.S.C. False Claims 28 CFR Minimum $12,537.00 - Maximum $25,076.00
3729(a) Act; 3 Violations 85.3(a)(9

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that: “Pan African Exchange, LLC submitted one loan application on 5/20/2020 to Celtic

Bank.” Blue Vine records evidence that the Pan African Interchange First PPP Application

was accessed through the following IP Addresses: IP Addr: 73.138.46.221 (at various times

between 7/20/2020 and 1/20/2021); IP Addr: 98.254.74.116 (at various times between

5/20/2020 and 5/22/2020 (including electronic signature through IP Addr: 98.254.74.116)

and 1/28/2021 and 3/12/2021); and, IP Addr: 87.101.93.180 (on 3/24/2021). BlueVine

records have the title: https://skywalker.bluevine.com/client/798070 User: PAN

AFRICAN INTERCHANGE LLC (lmontes31@yahoo.com). The copy of the Pan African

Interchange First PPP Application that Damas produced in response the United States’ CID

denotes that it was electronically signed through IP Addr: 98.254.74.116. For the loan

application, Damas used the email address: lmontes31@yahoo.com, which Damas

represented to be his personal email address and the only email address he utilizes.

45. In the foregoing Pan African First PPP Application submitted to Celtic Bank

through BlueVine, Damas held himself out as Owner and Authorized Representative of Pan

African Interchange, LLC and stated as true and accurate each of the Pan African First PPP

Application’s Statements and Certifications set forth in Paragraphs 12, 13, 37, and 38 above.

In response to Interrogatory 8 of the United States’ CID, Damas stated:

Stanley Damas, President and CEO of Pan African Exchange, LLC
prepared and submitted the only Paycheck Protection Program loan
application submitted for the Company on 5/20/2020. He was assisted
by Yves St. Surin of SmarTax, 12229 Pembroke Rd, Pembroke Pines, FL
33025, (954) 374-9244.

46. On or about May 21, 2020, the Pan African Interchange First PPP Application

was approved and Pan African Interchange received on or about May 22, 2020, a $312,000.00

PPP Loan from Celtic Bank Corporation (“Pan African-First PPP Loan”). In response to

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Interrogatory 9 (a) through 9 (d) of the CID, Damas stated that on May 22, 2020, “$312,000

was received [by Pan African Interchange, LLC from Celtic Bank] per the application

submitted by Pan African Exchange, LLC on 5/20/2020 through BlueVine (see attached

application.)”

47. The SBA paid a total of $15,600.00 in processing fees to Celtic Bank

Corporation in connection with the Pan African Interchange First PPP Loan disbursed to Pan

African Interchange.

48. As discussed further below, Pan African Interchange was ineligible to apply for

or receive the $312,000 Pan African Interchange First PPP Loan. Defendants have failed and

refused to pay back Pan African Interchange First PPP Loan, the interest earned thereon or

the processing fees paid by SBA.

B. Pan African Interchange and Stanley Damas’ PPP Application through
WebBank

49. Pursuant to a second PPP application submitted on May 21, 2020, Pan African

Interchange sought a PPP Loan of $208,332.00. This second application was electronically

signed under the name Stanley Damas as Owner and Authorized Representative of Pan

African Interchange, LLC (“Pan African Interchange Second PPP Application”) and was

submitted to WebBank. In the Pan African Interchange Second PPP Application, the

signatory, Stanley Damas, stated as true and accurate each of the PPP Application’s

Statements and Certifications set forth in Paragraphs 15, 16, 17, 18, 37, and 38 above.

50. WebBank records establish that the Pan African Interchange Second PPP

Application was accessed through the following IP Address: IP Addr: 73.138.46.221 on

5/21/2020 at 3:50:26 PM and viewed again through the same IP Address on 6/12/2020 at

4:09:21 PM and 4:24:38 PM. This is the very same IP address Damas used in the Pan African

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Interchange First PPP Application to obtain the $312,000 Pan African Interchange First PPP

Loan. WebBank records show that in the Pan African Interchange Second PPP Application,

Stanley Damas is identified as the Owner of the applicant, Pan African Interchange LLC, and

further identify Damas’ date of birth, phone number and email address as

lmontes31@yahoo.com, which Damas admitted is his personal email address and the only

email address he utilizes..

51. Pursuant to the Pan African Interchange Second PPP Application, Pan African

Interchange, LLC, received on or about June 24, 2020, a second Paycheck Protection

Program Loan in the amount of $ 208,332.00, the Promissory Note for which Stanley Damas

viewed and signed on June 12, 2020, using the following IP Address: IP Addr: 73.138.46.221

at 4:09:21 PM and 4:24:38 PM. (“Pan African Interchange Second PPP Loan”). In the Note

for the $208,332.00 Pan African Interchange Second PPP Loan, Damas falsely certified as

true, among other statements that

“Unless as otherwise permitted under applicable law as permitted under
the CARES ACT, the Paycheck Protection Program, or any subsequent
amendment to these programs, during the period beginning on February
15, 2020 and ending on December 31, 2020, Borrower has not applied
for, and has not and will not receive another loan under the program.”

52. SBA paid a total of $3,583.31 in processing fees to WebBank in connection

with the Pan African Second PPP Loan disbursed to Pan African Interchange, LLC.

53. The certifications that Damas made in the Pan African Interchange Second

PPP Application and also in the Note attendant to the Pan African Interchange Second PPP

Loan, were false in as much as Damas had during the period beginning on February 15, 2020,

and ending on December 31, 2020, applied for, and received the $312,000.00 Pan African

Interchange First PPP Loan under the CARES Act through Celtic Bank.

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54. In response to Interrogatory 9 (a) of the United States’ CID, Damas stated

under oath that “[a] second unsolicited loan amount that Pan African Exchange, LLC (sic)

did not apply for was wired to Pan African Exchange, LLC (sic) on 6/24/2020 as referenced

in correspondence dated May 10, 2021.”

55. As of the date of this Complaint in Intervention, the $208,332.00 Pan African

Interchange Second PPP Loan and $3,583.31 in fees the SBA paid and interest thereon, has

not been repaid as required by law and repeated demands.

56. Damas has provided to the Government false statements he certified to be true

under penalty of perjury.

C. Pan African Interchange and Stanley Damas’ Failure to Fully Repay
$312,000 the Pan African First PPP Loan, Despite Celtic Bank’s Demand

57. On September 29, 2020, Celtic Bank made demand upon Pan African

Interchange, LLC that it repay the full $312,000.00 balance on the Pan African Interchange

First PPP Loan, together with all accrued interest and fees as of the date of payoff. In its

September 29, 2020 communication to Stanley Damas, Celtic Bank stated:

This Notice is to inform you that you may be in violation of federal law.
Our records show that you may have received funding for more than one
loan under the Paycheck Protection Program.
Celtic Bank hereby demands that the full balance of $312,000.00 be paid
to cure the PPP loan held with Celtic Bank or our Partner Lenders,
together with all accrued interest and fees; as of the date of payoff. Please
contact Celtic Bank Collections at pppayoffs@celticbank.com to obtain a
payoff amount and instructions, discuss how you can return a loan, or
confirm via documentational proof that you have paid back a PPP loan
or that you only obtained one loan.
While we understand that in some cases businesses were told to apply
several times in order to get a PPP Loan, you may only receive one PPP
Loan and must return one of the loans in full to avoid significant
penalties.

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58. As of the date of the filing of this Complaint in Intervention, despite Celtic

Bank’s demand, the full $312,000.00 balance of the Pan African First PPP Loan, together

with all accrued interest and fees as of the date of payoff, has not been repaid.

D. Pan African Interchange and Stanley Damas’ Failure to Fully Repay the
Pan African Second PPP Loan, Despite United States’ Repeated Demands

59. The United States has made multiple requests that Damas and Pan African

Interchange repay the Pan African Second PPP Loan.

60. Neither Pan African Interchange nor Stanley Damas was entitled to the Pan

African Second PPP Loan, and they should have repaid the $208,332.00 Pan African Second

PPP Loan back immediately upon receipt.

61. Despite the United States’ numerous requests and Defendants’ assurances that

the $208,332.00 Pan African Interchange Second PPP Loan was on deposit in Pan African

Interchange’s bank account and had not been used and would be paid back, the $208,332.00

Pan African Second PPP Loan has not been paid back as of the date of the filing of this

Complaint in Intervention. The $3,583.31 in processing fees SBA paid to WebBank and

interest accruing on the $208,332.00 Pan African Second PPP Loan have also not been paid

back as required by law and the United States’ demands.

E. Pan African Interchange Was Not Eligible to Apply for or Receive Any
PPP Loan

62. At times material here, Pan African Interchange provides a description of its

services on its website (www.panafricaninterchange.com) and describes its services as

follows:

PAN African Commodities International (sic) is a leading global
energy commodities merchant and infrastructure asset investor. As a

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Case 9:20-cv-81717-DMM Document 52 Entered on FLSD Docket 05/20/2022 Page 22 of 28

trader, PAN deploys capital on a proprietary basis in the physical and
financial commodity markets, providing the Company with market
insights and access. As a strategic investor and developer, PAN
leverages its market expertise, operations capabilities, and industry
knowledge to invest in, and develop, select commodity infrastructure
assets. This fully integrated platform has generated strong risk-
adjusted returns for our investors since our formation. Agricultural
commodities include corn, soybeans, wheat, rice, cocoa, coffee, cotton,
and sugar etc.

See also https://www.panafricaninterchange.com//about-us (as of May 28, 2021). (Emphasis

supplied).

63. Pan African Interchange’s webpage as of May 28, 2021 also stated:

“PANAFRICAN INTERCHANGE LLC's success has come through
focusing on its strengths: experience and knowledge in futures and
options on futures. Formed in 2018, PANAFRICAN INTERCHANGE
LLC is a privately owned Introducing Broker and Commodity Pool
Operator. . . . Our professional and competitive services include
electronic trading, call-in trading, and full-service trading depending
on the client's preferences, needs and experience level.” (Emphasis
supplied). See https://www.panafricaninterchange.com//portfolio.

64. On May 28, 2021, on the news page of Pan African Interchange’s website, Pan

African stated: “Our mission at PAN is to provide traders the best access to the global markets

needed to accomplish their financial goals, with fast, efficient and friendly service. PAN is a

member of the National Futures Association and is registered with the Commodity Futures

Trading Commission as an Introducing Broker (IB) and a Commodity Pool Operator (CPO).”

65. Pan African Interchange, LLC's North American Industry Classification

System (“NAICS”) Code is 541990, and its Standard Industrial Classification (“SIC”) Code

is 7389. The NAICS Code is a wide-ranging Code and includes, among other things, 541990

Business brokers (except real estate brokers) and Commodity inspection services.

https://www.naics.com/naics-code-description/?code=541990. SIC Code 7389 is entitled

“Industry: 7389—Business Services, Not Elsewhere Classified.” The Code incorporates

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Case 9:20-cv-81717-DMM Document 52 Entered on FLSD Docket 05/20/2022 Page 23 of 28

various types of business services, brokers, financial services, brokers’ services. See

https://www.naics.com/sic-industry-description/?code=7389. Pan African Interchange,

LLC has also used NAICS Code 523930 which relates to Investment Advice and SIC Code

6282 also relating to Investment Advice.

66. The Pan African Interchange First PPP Application and the Pan African

Interchange Second PPP Application that Damas prepared and executed do not identify the

business in which Pan African Interchange was involved.

67. It was Pan African Interchange’s responsibility to ensure that it was eligible to

apply for a PPP Loan.

68. As noted in Paragraphs 35 and 36 above, the SBA’s April 28, 2020, Interim

Rule provided Clarification Regarding Eligible Businesses for PPP loans, stating that “hedge

funds and private equity firms are primarily engaged in investment or speculation, and such

businesses are therefore ineligible to receive a PPP loan.” See Federal Register / Vol. 85, No.

82 / Tuesday, April 28, 2020 / Rules and Regulations at 23451.

69. Based upon Pan African Interchange’s own description of Pan African

Interchange as a “leading global energy commodities merchant and infrastructure asset

investor”, an entity that “deploys capital on a proprietary basis in the physical and financial

commodity markets,” and “a strategic investor,” together with SBA eligibility rules in place

when through Damas, Pan African Interchange applied through BlueVine for the loan Celtic

Bank granted, it appears that Pan African Interchange, was engaged in investment or

speculation and as such, was ineligible for such loan.

70. Despite several demands, as of the date of the filing of this Complaint in

Intervention, Defendants have failed to pay back the $312,000.00 Pan African Interchange

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Case 9:20-cv-81717-DMM Document 52 Entered on FLSD Docket 05/20/2022 Page 24 of 28

First PPP Loan, together with interest and the $15,600.00 in processing fees SBA paid to

Celtic Bank Corporation in connection with Pan African First PPP Loan disbursed to Pan

African Interchange, because Pan African Interchange was ineligible to apply for a PPP Loan.

Likewise, the $208,332.00 Pan African Second PPP Loan, the $3,583.31 in processing fees

SBA paid to WebBank, and interest, must be paid back for the reasons set forth above and

also because Pan African Interchange was ineligible under the SBA’s PPP Loan regulations

to apply for and receive the $208,332.00 Pan African Second PPP Loan after it received the

first loan.

71. Damas and Pan African Interchange knowingly made, used, or caused to be

made or used, a false record or statement material to an obligation to pay or transmit money

or property to the United States and SBA.

72. Damas’ and Pan African Interchange’s false claims are actionable under the

False Claims Act, 31 U.S.C. § 3729(a)(1)(A) and (B).

VII. CAUSES OF ACTION

Count I: False or Fraudulent Claims (31 U.S.C. § 3729(a)(1)(A))

73. The United States re-alleges and incorporates in this Count I, Paragraphs 1

through 72 of this Complaint in Intervention.

74. Defendants Pan African Interchange and Stanley Damas knowingly presented,

or caused to be presented, to an officer or employee of the United States government, false or

fraudulent claims for payment or approval, in violation of the FCA, 31 U.S.C. § 3729(a)(l)(A),

specifically, that Pan African was eligible for a PPP loan and that it had not applied for and

had not and would not receive another loan under the Paycheck Protection Program.

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Case 9:20-cv-81717-DMM Document 52 Entered on FLSD Docket 05/20/2022 Page 25 of 28

75. Because of the Defendants’ acts, the United States sustained damages in an

amount to be determined at trial and, therefore, is entitled to treble damages under the FCA,

plus civil penalties of not less than $12,537.00 and not more than $25,076.00 for each

violation.

Count II: False Statements (31 U.S.C. § 3729(a)(1)(B))

76. The United States re-alleges and incorporates in this Count II, Paragraphs 1

through 72 of this Complaint in Intervention.

77. Defendants Pan African Interchange and Stanley Damas knowingly made,

used, or caused to be made or used, a false record or statement material to a false or fraudulent

claim, and/or to get the United States to pay or approve false or fraudulent claims, in violation

of the FCA, 31 U.S.C. § 3729(a)(l)(B).

78. Because of the Defendants’ acts, the United States sustained damages in an

amount to be determined at trial and, therefore, is entitled to treble damages under the FCA,

plus civil penalties of not less than $12,537.00 and not more than $25,076.00 for each

violation.

Count III: Reverse False Claims (31 U.S.C. § 3729(a)(1)(G))

79. The United States re-alleges and incorporates in this Count III, Paragraphs 1

through 72 of this Complaint in Intervention.

80. Defendants Pan African Interchange and Stanley Damas knowingly made,

used, or caused to be made or used, a false record or statement material to an obligation to

pay or transmit money or property to the Government, or knowingly concealed or knowingly

and improperly avoided or decreased an obligation to pay or transmit money or property to

the Government, in violation of the FCA, 31 U.S.C. § 3729(a)(l)(G).

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Case 9:20-cv-81717-DMM Document 52 Entered on FLSD Docket 05/20/2022 Page 26 of 28

81. Because of the Defendants’ acts, the United States sustained damages in an

amount to be determined at trial and, therefore, is entitled to treble damages under the FCA,

plus civil penalties of not less than $12,537.00 and not more than $25,076.00 for each

violation.

Count IV: Unjust Enrichment

82. In the alternative, the United States re-alleges and incorporates in this Count

IV, Paragraphs 1 through 72 of this Complaint in Intervention.

83. By reason of the foregoing conduct and violation of federal law, Defendants

Pan African Interchange and Stanley Damas were unjustly enriched and are liable to account

for and pay such amounts, which are to be determined at trial, to the United States.

Count V: Payment by Mistake

84. The United States re-alleges and incorporates in this Count V, Paragraphs 1

through 72 of this Complaint in Intervention.

85. By reason of the foregoing conduct of the Defendants Pan African Interchange

and Stanley Damas, lenders acting on behalf of the SBA and the United States made payments

under mistake of fact.

86. As a result of these payments made by lenders acting on behalf of the SBA and

the United States under mistake of fact, the United States has sustained damages in an amount

to be proven at trial.

PRAYER FOR RELIEF

87. Wherefore, Plaintiff, the United States, demands judgment in its favor and

against Defendants Pan African Interchange, LLC and Stanley Damas as follows:

a. Under Counts I, II and III (FCA), for an amount of the United States’

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Case 9:20-cv-81717-DMM Document 52 Entered on FLSD Docket 05/20/2022 Page 27 of 28

damages, trebled as required by law, plus such civil penalties in an

amount between $12,537.00 and $25,076.00 for each and every false

claim as are required by law, together with all such further relief as may

be just and proper;

b. Alternatively, under Count IV (Unjust Enrichment), for an accounting and the

amount by which Defendants were unjustly enriched, plus interest and costs,

and expenses, and all such further relief as may be just and proper;

c. Alternatively, under Count V (Payment by Mistake), for an accounting and the

lenders acting on behalf of the SBA and the United States paid to the

Defendants, plus interest and costs, and expenses, and all such further relief as

may be just and proper;

d. Such other relief as this Court may deem just and proper, together with interest

and costs of this action.

THE UNITED STATES DEMANDS A JURY TRIAL AS TO ALL ISSUES SO

TRIABLE.

Dated: May 17, 2022 Respectfully submitted,

JUAN ANTONIO GONZALEZ
UNITED STATES ATTORNEY
Digitally signed by James A.
James A. Weinkle
Date: 2022.05.17 16:08:10
Weinkle
________________________________________
-04'00'

James A. Weinkle (Florida Bar No. 0710891)
Assistant United States Attorney
Email: James.Weinkle@usdoj.gov
Office of the U.S. Attorney-Southern District of Florida
Alto Lee Adams Federal Courthouse
101 S. U.S. Highway One, Suite 3100
Fort Pierce, FL 34950
Telephone: 772-293-0945 (Direct)

Counsel for United States of America

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Case 9:20-cv-81717-DMM Document 52 Entered on FLSD Docket 05/20/2022 Page 28 of 28

CERTIFICATE OF FILING AND SERVICE

I hereby certify that on May 17, 2022, I electronically filed the foregoing document with the
Clerk of the Court using CM/ECF. I also certify that the foregoing document is being
served this day on all counsel of record or pro se parties identified on the Service List below
in the manner specified, either via transmission of Notices of Electronic Filing generated by
CM/ECF or in some other authorized manner for those counsel or parties who are not
authorized to receive electronically Notices of Electronic Filing.
Digitally signed by James A.
James A. Weinkle
Date: 2022.05.17 16:06:22
Weinkle
________________________________________
-04'00'

By: James A. Weinkle
Assistant United States Attorney

SERVICE LIST

United States of America, ex rel. Bryan Quesenberry v.
Pan African Interchange, LLC and Stanley Damas,
Case No. 9:20-cv-81717-MIDDLEBROOKS
United States District Court, Southern District of Florida

James A. Weinkle Bryan Quesenberry, Esq.
Assistant United States Attorney 197 East 100 North, Suite A
Office of the United States Attorney Payson, UT 84651
Southern District of Florida
Alto Lee Adams Federal Courthouse Email: jbq.esq@gmail.com
101 S. U.S. Highway One, Suite 3100
Fort Pierce, FL 34950 Pro Se Relator

Email: James.Weinkle@usdoj.gov

Counsel for the United States of America

Defendants will be served in accordance with the provisions in the Florida Rules of
Civil Procedure

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