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Audit Report - Oig 24 041 Coronavirus Disease 2019 Pandemic Relief Programs Audit Of Air Carrier

Summary

Treasury Office of Inspector General Audit Report OIG-24-041, Audit of Air Carrier Worker Support Certifications - Wing Aviation Charter Services, LLC, dated September 26, 2024, with a memorandum to Jessica Milano, Chief Program Officer, from Deborah L. Harker. The memo states that Saggar & Rosenberg, P.C. performed the audit under a contract monitored by OIG, covering the period from April 1, 2019 through September 30, 2019. It states that S&R found Wing Aviation Charter Services incorrectly compiled data used for the Awardable Amounts section of the PSP1 Application, resulting in a $320,605 overstatement, and that the company received a $250,713 overpayment from Treasury. S&R recommends that Treasury seek reimbursement of the $250,713 overpayment and review the requested amount under PSP2 and PSP3.

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Inspector general and oversight reports
Document type
Audit Report
Case
Oig 24 041 Coronavirus Disease 2019 Pandemic Relief Programs Audit Of Air Carrier

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“Audit Report - Oig 24 041 Coronavirus Disease 2019 Pandemic Relief Programs Audit Of Air Carrier.” Original at oig.treasury.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/oig-24-041-coronavirus-disease-2019-pandemic-relief-programs-audit-of-air-carrier/, SHA-256 a3fa5c347509b25d58a785ca47e394bc270a77e0ccf80a833ca046e22378e35b.

Full text

Audit Report




OIG-24-041


CORONAVIRUS DISEASE 2019 PANDEMIC RELIEF
PROGRAMS


Audit of Air Carrier Worker Support
Certifications - Wing Aviation Charter
Services, LLC


September 26, 2024




Office of Inspector General
Department of the Treasury
This Page Intentionally Left Blank
                                     September 26, 2024



MEMORANDUM FOR JESSICA MILANO
               CHIEF PROGRAM OFFICER

FROM:                    Deborah L. Harker /s/
                         Assistant Inspector General for Audit

SUBJECT:                 Audit of Air Carrier Worker Support Certifications – Wing
                         Aviation Charter Services, LLC

Attached is our audit report for the Audit of Air Carrier Worker Support Certifications –
Wing Aviation Charter Services, LLC (Wing Aviation Charter Services) (OIG-24-041;
dated September 26, 2024). Under a contract monitored by our office, Saggar &
Rosenberg, P.C. (S&R), a certified independent public accounting firm, performed the
audit. The objective of this audit was to assess the accuracy, completeness, and
sufficiency of Wing Aviation Charter Services’ sworn financial statement or other data
used to certify the wages, salaries, benefits, and other compensation amounts
submitted and approved by the Department of the Treasury (Treasury) for the Air
Carrier Payroll Support Program (PSP1). This audit was mandated by Title IV, Subtitle
B, Air Carrier Worker Support, of the Coronavirus Aid, Relief, and Economic Security
Act (CARES Act). 1 The scope of this audit covered the period from April 1, 2019
through September 30, 2019 and included the certified PSP1 Application, sworn
financial statement, tax returns, and other documentation submitted to Treasury.

In its audit report, S&R found Wing Aviation Charter Services incorrectly compiled data
used for the Awardable Amounts section of the PSP1 Application, resulting in
a $320,605 overstatement. Specifically, the:

    •   Inclusion of unallowable corporate officer compensation, resulted in a
        overstatement; and

    •   Differences between the benefit estimates used to prepare the PSP1 Application
        and the actual paid benefit amounts, resulted in a         understatement.


1
    P.L. 116–136 (March 27, 2020).
Treasury’s awards to passenger air carriers under PSP1 included a 78.2-percent
pro-rata distribution of application amounts. Applying this formula, Wing Aviation
Charter Services received a $250,713 overpayment from Treasury.

Accordingly, S&R recommends that Treasury’s Chief Program Officer:

    •   Seek reimbursement of the $250,713 overpayment for PSP1 financial
        assistance; and

    •   Review Wing Aviation Charter Services’ requested amount for unallowable
        expenses, under the Payroll Support Program Extension (PSP2) 2 authorized by
        the Consolidated Appropriations Act, 2021 and the Payroll Support Program 3
        (PSP3) 3 authorized by the American Rescue Plan Act of 2021, and seek
        reimbursement for the overpayment, if applicable.

Our contract required that the audit be performed in accordance with generally
accepted government auditing standards. In connection with the contract, we
reviewed S&R’s report and related documentation and inquired of its representatives.
Our review, as differentiated from an audit performed in accordance with generally
accepted government auditing standards, was not intended to enable us to express an
opinion on Wing Aviation Charter Services’ compliance with Treasury’s PSP1 policies
and procedures. S&R is responsible for the attached auditor’s report and the
conclusions expressed therein. Our review found no instances in which S&R did not
comply, in all material respects, with generally accepted government auditing
standards.

We appreciate the courtesies and cooperation provided to S&R and our staff during
the audit. If you have any questions or require further information, please contact me
at (202) 486-1420, or a member of your staff may contact Lisa DeAngelis, Deputy
Assistant Inspector General for Audit, at (202) 487-8371.




2
    The Consolidated Appropriations Act, 2021 (P.L. 116–260), enacted on December 27, 2020,
    created the Airline Worker Support Extension for passenger air carriers and certain contractors.
    Treasury referred to this as Payroll Support Program Extension (PSP2).
3
    The American Rescue Plan of 2021 (P.L. 117–2), enacted on March 11, 2021, created the Air
    Transportation Payroll Support Program Extension authorizing Treasury to provide additional
    assistance to passenger air carriers and contractors that received financial assistance under PSP2.
    Treasury referred to this as Payroll Support Program 3 (PSP3).
Attachment

cc:   Gregory Till, Chief Operating Officer, Office of Capital Access, Department of
        the Treasury
      Danielle Christensen, Deputy Chief Program Officer, Office of Capital Access,
        Department of the Treasury
      Jason Morrow, Senior Counsel, Department of the Treasury
      Jeff Davis, Partner, Saggar & Rosenberg, P.C.
Contents

Audit Report
Results in Brief ...................................................................................................2

Background ........................................................................................................4

                   Treasury Disbursement Processes ....................................................6
                   PSP1 Interim Audit Report ...............................................................7
                   Wing Aviation Charter Services, LLC ................................................7

Audit Results......................................................................................................8

    Finding 1 Inaccurate Compilation of the PSP1 Application Awardable Amount .....9
                   Corporate Officer Compensation ......................................................9
                   Benefit Estimates .........................................................................10
                   Recommendations ........................................................................12


Appendices
Appendix 1: Objective, Scope, and Methodology ..................................................13
Appendix 2: Schedule of Monetary Benefits .........................................................17
Appendix 3: Wing Aviation Charter Services Management Response.......................18
Appendix 4: Treasury Management Response ......................................................19
Appendix 5: Report Distribution ..........................................................................22



Abbreviations
CARES Act                     Coronavirus Aid, Relief, and Economic Security Act
COVID-19                      Coronavirus Disease 2019
DOT                           Department of Transportation
GAO                           Government Accountability Office
Guidelines                    Guidelines and Application Procedures for Payroll Support to Air
                                Carriers and Contractors
IRS                           Internal Revenue Service
OIG                           Treasury Office of Inspector General
PSP1                          Payroll Support Program, CARES Act
PSP2                          Payroll Support Program Extension, Consolidated Appropriations
                                Act, 2021

                                                                                                                    i
PSP3       Payroll Support Program 3, American Rescue Plan Act of 2021
S&R        Saggar & Rosenberg, P.C.
SOC 1      System and Organizational Controls
Treasury   Department of the Treasury




                                                                         ii
This Page Intentionally Left Blank
                        September 26, 2024

                        Jessica Milano
                        Chief Program Officer
                        Department of the Treasury

                        This report presents the results of our audit of Wing Aviation
                        Charter Services, LLC’s (Wing Aviation Charter Services)
                        certifications made to the Department of the Treasury (Treasury) as
                        part of its participation in the Air Carrier Payroll Support
                        Program (PSP1). This audit was mandated by Title IV, Subtitle B,
                        Air Carrier Worker Support, of the Coronavirus Aid, Relief, and
                        Economic Security Act (CARES Act).1 Under the CARES Act,
                        Treasury was to provide $32 billion in financial assistance to
                        passenger air carriers, cargo air carriers, and certain contractors to
                        be exclusively used for the continuation of payment of employee
                        wages, salaries, and benefits, in response to the economic impact
                        of the Coronavirus Disease 2019 (COVID-19). 2 Furthermore, the
                        Treasury Office of Inspector General (OIG) is required to audit
                        certifications made by passenger and cargo air carriers that do not
                        report salaries and benefits to the Department of Transportation
                        (DOT) (hereinafter referred to as non-241 air carriers)3 and
                        contractors.

                        Under a contract with OIG, Saggar & Rosenberg, P.C. (S&R)
                        conducted this audit. Our audit objective was to assess the
                        accuracy, completeness, and sufficiency of Wing Aviation Charter
                        Services’ sworn financial statement or other data used to certify
                        the wages, salaries, benefits, and other compensation amounts
                        submitted and approved by Treasury for PSP1. The scope of our
                        audit covered the time period from April 1, 2019 through
                        September 30, 2019, and included the certified PSP1 Application,




1
    P.L. 116–136 (March 27, 2020).
2
    The financial assistance provided under the CARES Act was split between Passenger Air Carriers
    ($25 billion), Cargo Air Carriers ($4 billion), and Contractors ($3 billion).
3
    Passenger and cargo air carriers that are not required to report salaries and wages to DOT under
    14 CFR, Part 241, “Uniform System of Accounts and Reports for Large Certificated Air Carriers”.



                        Audit of Air Carrier Worker Support Certifications - Wing Aviation Charter
                        Services, LLC (OIG-24-041)                                           1
                        sworn financial statement, tax returns, and other documentation
                        submitted to Treasury on April 1, 2020. 4

                        To accomplish the objective, we reviewed applicable laws and
                        regulations and Treasury’s policies and procedures, including but
                        not limited to, the Title IV, Subtitle B, Air Carrier Worker Support of
                        the CARES Act; Guidelines and Application Procedures for Payroll
                        Support to Air Carriers and Contractors (Guidelines); PSP1
                        Agreement; and Frequently Asked Questions: Application
                        Procedures for Payroll Support to Air Carriers and Contractors. We
                        interviewed key personnel from Wing Aviation Charter Services,
                        Treasury, and contracted consultants engaged by Treasury to
                        evaluate certified company applications. We conducted our
                        fieldwork from July 2023 through November 2023. Appendix 1
                        contains a more detailed description of our objective, scope, and
                        methodology.


Results in Brief

                        In brief, S&R found that Wing Aviation Charter Services, a
                        passenger air carrier, reported correct information for three of the
                        four sections reviewed on its PSP1 Application. 5 These sections
                        are: (1) Applicant Information, (2) Applicant Type, and
                        (3) Certification. However, Wing Aviation Charter Services
                        incorrectly reported information in the Awardable Amounts section
                        of the PSP1 Application.

                        Wing Aviation Charter Services overstated its awardable amount by
                        $320,605. Specifically, we found (1) the inclusion of unallowable
                        corporate officer compensation, resulting in a
                        overstatement, and (2) differences between benefit estimates used
                        to prepare the PSP1 Application and the actual benefit
                        compensation paid, resulting in a            understatement.
                        Treasury’s awards to passenger air carriers under PSP1 included a
                        78.2-percent pro-rata distribution of application amounts. Applying
                        this formula, we found that Wing Aviation Charter Services
                        received a $250,713 overpayment from Treasury. As a result, we

4
    Wing Aviation Charter Services submitted the PSP1 Application and related supporting
    documentation on April 1, 2020.
5
    The PSP1 Application is comprised of eight sections. Four sections - Financial Institution Information,
    Employment Levels, Taxpayer Protection, and Additional Information, were not subject to audit
    procedures. Details regarding the sections not reviewed can be found in appendix 1.



                        Audit of Air Carrier Worker Support Certifications - Wing Aviation Charter
                        Services, LLC (OIG-24-041)                                           2
                       question the costs totaling $250,713 and recommend that the
                       Chief Program Officer seek reimbursement of the $250,713
                       overpayment to Wing Aviation Charter Services for PSP1.
                       Additionally, we recommend that Treasury review Wing Aviation
                       Charter Services’ requested amount for unallowable expenses,
                       under the Payroll Support Program Extension (PSP2) 6 authorized by
                       the Consolidated Appropriations Act, 2021 and the Payroll Support
                       Program 3 (PSP3) 7 authorized by the American Rescue Plan Act
                       of 2021, and seek reimbursement for overpayment, if applicable.

                       Appendix 2 contains more details on questioned costs.

                       As part of our reporting process, we provided Wing Aviation
                       Charter Services management with an opportunity to comment on
                       a draft of this report. In a written response, Wing Aviation Charter
                       Services management acknowledged that the overstatement of the
                       awardable amount was made up of two portions; the inclusion of
                       unallowable corporate officer compensation and the incorrect initial
                       statement of actual benefit compensation paid. However, Wing
                       Aviation Charter Services management also stated that they
                       partially disagree with the finding related to inclusion of
                       unallowable corporate officer compensation in regard to the Vice
                       President of Sales. Management stated that they believed the Vice
                       President of Sales was eligible for PSP1 due to his minimal
                       oversight of other business units and having no ability to perform
                       policy making, despite the Vice President title.

                       Neither the PSP1 Application instructions (referred to as
                       “Guidelines” in this report) nor the PSP1 Agreement required
                       corporate officers to perform policy making duties or provide a
                       specific amount of oversight of other company business units. In
                       addition, the signed PSP1 Agreement between Wing Aviation
                       Charter Services and Treasury, effective April 20, 2020, explicitly
                       referenced a recipient’s Vice President of Sales as a corporate
                       officer. Wing Aviation Charter Services management’s response, in
                       its entirety, is included as appendix 3 of this report.

6
    The Consolidated Appropriations Act, 2021 (P.L. 116-260), enacted on December 27, 2020, created
    the Airline Worker Support Extension for passenger air carriers and certain contractors. Treasury
    referred to this as Payroll Support Program Extension (PSP2).
7
    The American Rescue Plan of 2021 (P.L. 117-2), enacted on March 11, 2021, created the Air
    Transportation Payroll Support Program Extension authorizing Treasury to provide additional
    assistance to passenger air carriers and contractors that received financial assistance under PSP2.
    Treasury referred to this as Payroll Support Program 3 (PSP3).



                       Audit of Air Carrier Worker Support Certifications - Wing Aviation Charter
                       Services, LLC (OIG-24-041)                                           3
                         In a written response, Treasury management concurred with our
                         recommendations and agreed that any overpayments of PSP funds
                         should be recouped. Treasury stated it will conduct a review of the
                         findings, consider any response from the recipient, and seek
                         recoupment of any amounts that Treasury determines have been
                         overpaid. In addition, Treasury will review awardable amounts
                         requested under PSP2 and PSP3 and seek recoupment where
                         appropriate. Treasury management will need to record an estimated
                         completion date for these actions in the Joint Audit Management
                         Enterprise System (JAMES). Management’s planned corrective
                         actions meet the intent of our recommendations. Treasury
                         management’s response, in its entirety, is included as appendix 4
                         of this report.


Background

                         Title IV, Subtitle B, of the CARES Act, Air Carrier Worker Support,
                         requires Treasury to provide financial assistance to air carriers and
                         contractors that must exclusively be used for the continuation of
                         payments of employees’ wages, salaries, and benefits. Financial
                         assistance is to be provided to:

                             (1) passenger air carriers, in an aggregate amount up to
                                 $25 billion;
                             (2) cargo air carriers, in an aggregate amount up to $4 billion;
                                  and
                             (3) contractors, in an aggregate amount up to $3 billion.

                         According to the CARES Act, Treasury is required to provide
                         financial assistance to air carriers that report salaries and benefits
                         to the DOT (referred to as 241 air carriers), 8 in an amount equal to
                         the salaries and benefits reported to DOT for the period
                         April 1, 2019 through September 30, 2019. For air carriers that do
                         not report such data to DOT (referred to as non-241 air carriers),
                         and contractors, financial assistance is required to be in an amount

8
    14 CFR, Part 241 “Uniform System of Accounts and Reports for Large Certificated Air Carriers”
    defines “Air carrier, large certificated” as an air carrier holding a certificate issued under 49 U.S.C.
    41102, as amended, that: (1) operates aircraft designed to have a maximum passenger capacity of
    more than 18,000 pounds; or (2) conducts operations where one or both terminals of a flight stage
    are outside the 50 states of the United States, the District of Columbia, the Commonwealth of
    Puerto Rico, and the U.S. Virgin Islands. These air carriers are required to report financial information
    to DOT. Wing Aviation Charter Services is not a Large Certificated Air Carrier.



                         Audit of Air Carrier Worker Support Certifications - Wing Aviation Charter
                         Services, LLC (OIG-24-041)                                           4
that the air carrier or contractor certifies using sworn financial
statements or other appropriate data as the amount of wages,
salaries, benefits, and other compensation paid to employees
during the period of April 1, 2019 through September 30, 2019.
The amounts submitted on the application to Treasury were
considered sworn financial statements. To be eligible for payments,
air carriers and contractors had to enter into agreements with
Treasury certifying that they meet certain required assurances,
terms, and conditions.

On March 30, 2020, Treasury posted on its website the
Guidelines, which included the PSP1 Application. The PSP1
Application is comprised of eight sections:

1. Applicant Information ─ (1) applicant name; (2) taxpayer
   identification number and address; and (3) contact person’s
   name, title, phone number, and email address.

2. Applicant Type ─ selection of applicant type whether it is
   passenger air carrier, cargo air carrier, or contractor.
   Additionally, if the applicant is a contractor, this section would
   identify the contractor’s service functions and the name of the
   air carrier or airport to which services are provided. Finally, this
   section includes affiliate and parent company information.

3. Financial Institution Information ─ (1) the applicant’s account
   number and routing number; and (2) the financial institution’s
   name, address, and telephone number.

4. Employment Levels ─ applicant’s average number of employees
   for 2019 and involuntary reductions after March 1, 2020.

5. Awardable Amounts ─ applicant’s sworn financial statement
   consisting of salaries, wages, benefits, and other compensation
   for the period April 1, 2019 through September 30, 2019.

6. Taxpayer Protection ─ table that outlines in detail the proposed
   financial instrument to be issued to Treasury.

7. Additional Information ─ applicant’s verification of submitting its
   Internal Revenue Service (IRS) Form 941, Employer’s Quarterly




Audit of Air Carrier Worker Support Certifications - Wing Aviation Charter
Services, LLC (OIG-24-041)                                           5
                            Federal Tax Return, 9 covering the period April 1, 2019 through
                            September 30, 2019, along with the PSP1 Application
                            submitted to Treasury.

                        8. Certification ─ names, titles, and signatures of two certifying
                           officials 10 and the applicant’s name and application submission
                           date.

                        On April 18, 2020, Treasury published a sample PSP1 Agreement
                        on its website, which provided definitions, terms, and conditions
                        for participation in PSP1, and required applicants to submit
                        completed applications by April 27, 2020. After Treasury reviewed
                        and approved an application, both parties were required to sign the
                        PSP1 Agreement.

                        Treasury Disbursement Processes
                        To disburse PSP1 payments to passenger air carrier applicants as
                        quickly as possible and prior to the application deadline of
                        April 27, 2020, Treasury applied an initial estimated pro-rata rate
                        of 76 percent to the awardable amount because not all applications
                        had been submitted at the time. After the application deadline,
                        Treasury determined the total amount requested by all passenger
                        air carrier applicants was approximately $31.8 billion, which
                        exceeded the $25 billion available financial assistance. Because its
                        initial estimated pro-rata rate was low, Treasury calculated an
                        additional 2.2 percent, the top-off amount, for passenger air
                        carriers making the final awarded pro-rata rate 78.2 percent.

                        Treasury disbursed an initial lump sum payment of one-third of the
                        awardable amount, followed by four equal subsequent payments to
                        ensure it provided sufficient and timely financial assistance
                        corresponding to the applicants’ payroll schedule. In instances
                        where Treasury needed to perform additional follow-up with
                        passenger air carriers or needed additional time to approve
                        applications, Treasury compressed the payment schedule on a




9
   IRS Form 941 is a tax form that businesses file quarterly to report income taxes, Social Security
   taxes and Medicare taxes they withheld from employees’ paychecks.
10
   The certifying officials attested under penalty of perjury that the information and certifications provided
   in the application and its attachments are true and correct.



                        Audit of Air Carrier Worker Support Certifications - Wing Aviation Charter
                        Services, LLC (OIG-24-041)                                           6
                         case-by-case basis. Generally, Treasury disbursed the top-off
                         amounts for passenger air carriers in September 2020.

                         PSP1 Interim Audit Report
                         In a prior audit report, 11 OIG identified two systemic issues
                         affecting the payment amounts administered to all PSP1 recipients
                         for non-241 air carriers and contractors. Specifically, some of the
                         recipients audited included unallowable employer-side payroll taxes
                         and/or corporate officer compensation in their calculation of the
                         awardable amounts on their PSP1 applications. Treasury
                         management acknowledged these issues and agreed to (1) review
                         payments issued under PSP1 to ensure awarded amounts are
                         allowable per the CARES Act and Treasury guidance; and
                         (2) remedy the incorrect amounts awarded under PSP1. Based on
                         our recommendations, in March 2022 Treasury implemented a
                         PSP1 recertification process whereby recipients had to certify
                         whether they excluded employer-side payroll taxes and corporate
                         officer compensation in their calculation of the awardable amounts
                         on their PSP1 applications. Treasury’s goal was to determine if
                         overpayments were made to recipients based on inaccurate
                         information included in PSP1 applications.

                         Treasury officials told us that if recoupment was necessary for an
                         applicant’s inclusion of unallowable expenses such as corporate
                         officer compensation and employer-side payroll taxes in the
                         application, the recoupment method was dependent on timing. Any
                         overpayment was first offset against the approved top-off
                         payment. If an overpayment remained, or the overpayment was
                         identified after all PSP1 disbursements were made, and the
                         recipient was entitled to PSP2 or PSP3 funding, the overpayment
                         was offset against the PSP2 and/or PSP3 awards prior to issuance.
                         All remaining PSP1 overpayments not previously collected where
                         the recipient did not qualify for, or apply for, PSP2 and PSP3
                         funding, were required to be repaid to Treasury.

                         Wing Aviation Charter Services, LLC
                         Headquartered in Houston, Texas, Wing Aviation Charter Services
                         is a passenger air carrier that provides clients with a

11
     OIG-21-025, Interim Audit Update – Air Carrier and Contractor Certifications for Payroll Support
     Program (Interim Audit), March 31, 2021.



                         Audit of Air Carrier Worker Support Certifications - Wing Aviation Charter
                         Services, LLC (OIG-24-041)                                           7
                comprehensive array of aviation services encompassing aircraft
                charter, management, and brokerage.

                Wing Aviation Charter Services submitted its PSP1 Application
                totaling             on April 1, 2020. Wing Aviation Charter
                Services received the passenger air carrier top-off for a total award
                of $4,877,533, or 78.2 percent of the company’s requested
                amount. Treasury’s disbursements to Wing Aviation Charter
                Services were as follows:

                   •   April 21, 2020: $1,580,105

                   •   June 2, 2020: $790,052

                   •   July 1, 2020: $790,052

                   •   August 3, 2020: $790,052

                   •   September 1, 2020: $790,052

                   •   October 1, 2020: $137,220

                In addition to PSP1, Treasury awarded Wing Aviation Charter
                Services $3,299,507 under PSP2 and $3,077,451 under PSP3.
                PSP2 and PSP3 were not the subject of this audit.


Audit Results

                We found that Wing Aviation Charter Services reported correct
                information for three of the four sections reviewed on its PSP1
                Application. These sections are: (1) Applicant Information,
                (2) Applicant Type, and (3) Certification. We compared information
                provided in each section of the PSP1 Application to supporting
                documentation including general ledger data, company sworn
                financial statement, air carrier certificate, IRS Form 941,
                executive-level business charts, payroll registers, and third-party
                benefit invoices.

                We also found that Wing Aviation Charter Services reported
                incorrect information in the Awardable Amounts section. The
                company included unallowable corporate officer compensation,
                resulting in an overstatement of             . However, benefit
                estimates used to prepare the PSP1 Application were less than the
                actual benefits paid by          , resulting in a net overstatement


                Audit of Air Carrier Worker Support Certifications - Wing Aviation Charter
                Services, LLC (OIG-24-041)                                           8
            of $320,605. Table 1 illustrates a monthly breakdown of Wing
            Aviation Charter Services’ overstated amounts.

            Table 1: Aggregate Overstatement by Month

                                          PSP1    Awardable Amount
             Month                  Application Re-Calculated by S&R     Variance

             April 2019

             May 2019

             June 2019

             July 2019

             August 2019

             September 2019
             TOTAL                                                     $(320,605)
            Source: S&R Calculation of Awardable Amount

            Since Treasury disbursed PSP1 funds pro-rata for passenger air
            carriers at 78.2 percent of the requested awardable amount, Wing
            Aviation Charter Services received an overpayment of $250,713.

Finding 1   Inaccurate Compilation of the PSP1 Application
            Awardable Amount

            Corporate Officer Compensation
            Both the CARES Act and Treasury’s Guidelines define “employee”
            as “an individual, other than a corporate officer, who is employed
            by an air carrier or contractor in the United States (including its
            territories and possessions).”

            In addition, the signed PSP1 Agreement, effective date
            April 20, 2020, subsequently defines a corporate officer as:

               with respect to the Recipient, its president; any vice president
               in charge of a principal business unit, division, or function (such
               as sales, administration or finance); any other officer who
               performs a policy-making function; or any other person who
               performs similar policy making functions for the Recipient.
               Executive officers of subsidiaries or parents of the Recipient



            Audit of Air Carrier Worker Support Certifications - Wing Aviation Charter
            Services, LLC (OIG-24-041)                                           9
   may be deemed Corporate Officers of the Recipient if they
   perform such policy-making functions for the Recipient.

We identified eight Wing Aviation Charter Services executives
through discussion with management and review of the
company’s 2019 organizational chart. Three of those executives
met the definition of a corporate officer per the PSP1 Agreement.
Wing Aviation Charter Services included unallowable
compensation paid to all three of its corporate officers, resulting in
an overstatement of             . The three executives were the
Chief Executive Officer, Chief Operating Officer, and Vice
President of Charter Sales. Wing Aviation Charter Services
management stated that there was a lack of guidance regarding
the requirement to exclude corporate officer compensation from
the awardable amount calculation on the PSP1 Application. In
addition, management stated that they did not necessarily
consider an individual with the official title of “Vice President” as
a corporate officer.

Benefit Estimates
Treasury’s Guidelines define wages, salaries, benefits, and other
compensation as:

   remuneration paid by the applicant to its employees for personal
   services and includes salaries, wages, overtime pay, cost-of-
   living differentials, and other similar compensation, as
   distinguished from per diem allowances or reimbursement for
   expenses incurred by personnel for the benefit of the applicant.

In addition, the Guidelines define Awardable Amounts as:

   an amount that such carrier certifies, using sworn financial
   statements or other appropriate data, as the amount of wages,
   salaries, benefits, and other compensation paid by such carrier
   during the time period.

Wing Aviation Charter Services used monthly benefits estimated
payments, totaling            rather than the actual paid amounts
of           to prepare the PSP1 Application. Although using
estimates was not a prohibited compilation method under
Treasury’s PSP1 Application guidelines, it did not result in an
overstatement as the actual costs exceeded the requested amount



Audit of Air Carrier Worker Support Certifications - Wing Aviation Charter
Services, LLC (OIG-24-041)                                          10
                         by          . Wing Aviation Charter Services management stated
                         that the company utilized estimates for benefits because it was an
                         easier approach than calculating actual claims.

                         The inclusion of corporate officers in the PSP1 Application resulted
                         in an overstatement of            . However, this overstatement
                         was offset by the benefits understatement of           . As a result,
                         the residual net overstatement is $320,605, as illustrated in
                         Table 2 below.

                         Table 2: Aggregate Overstatement


                         Description                    Salaries/Wages       Benefits          Total
                         Actual Supported
                         Compensation
                         Less: Corporate Officers
                         Allowable Compensation
                         PSP1 Application
                         Net Overstatement                                               $(320,605)
                         Source: S&R Calculation of Awardable Amount

                         Since Treasury disbursed PSP1 funds pro-rata for passenger air
                         carriers at 78.2 percent of the requested awardable amount, Wing
                         Aviation Charter Services received an overpayment of $250,713.

                         To remedy the findings listed in the prior OIG audit report, 12
                         Treasury required PSP2 applicants to recertify their PSP1
                         awardable amounts. Wing Aviation Charter Services erroneously
                         certified to Treasury under PSP2, that its PSP1 Application did not
                         include corporate officer compensation. Treasury stated it relies on
                         applicants’ certifications that they did not include unallowable
                         expenses (i.e. corporate officer compensation and employer-side
                         payroll taxes) and no further validation checks were performed; as
                         a result, the company likely erroneously included corporate officer
                         compensation in its PSP2 and PSP3 financial assistance request.




12
     OIG-21-025, Interim Audit Update – Air Carrier and Contractor Certifications for Payroll Support
     Program (Interim Audit), March 31, 2021.



                         Audit of Air Carrier Worker Support Certifications - Wing Aviation Charter
                         Services, LLC (OIG-24-041)                                          11
Recommendations

S&R recommends that Treasury’s Chief Program Officer:

1. Seek reimbursement of the $250,713 overpayment of PSP1
   financial assistance.

   Management Response
   Treasury will conduct a review of the findings, consider any
   response from the recipient, and seek recoupment of any
   amounts that Treasury determines have been overpaid.

   OIG Comment
   Management’s planned corrective actions meet the intent of our
   recommendation. Treasury management will need to record an
   estimated completion date for these actions in JAMES.

2. Review Wing Aviation Charter Services’ requested amount for
   unallowable expenses, under PSP2 and PSP3, and seek
   reimbursement for the overpayment, if applicable.

   Management Response
   Treasury will review awardable amounts requested under PSP2
   and PSP3 and seek recoupment where appropriate.

   OIG Comment
   Management’s planned corrective actions meet the intent of our
   recommendation. Treasury management will need to record an
   estimated completion date for these actions in JAMES.


                              ******

We appreciate the courtesies and cooperation provided to our staff
during the audit. A distribution list for this report is provided as
appendix 5.

Saggar & Rosenberg, P.C. /s/




Audit of Air Carrier Worker Support Certifications - Wing Aviation Charter
Services, LLC (OIG-24-041)                                          12
Appendix 1: Objective, Scope, and Methodology

                        Our objective was to assess the accuracy, completeness, and
                        sufficiency of Wing Aviation Charter Services, LLC’s (Wing
                        Aviation Charter Services) sworn financial statement or other data
                        used to certify the wages, salaries, benefits, and other
                        compensation amounts submitted and approved by the Department
                        of the Treasury (Treasury).

                        The scope of our audit covered the period from April 1, 2019
                        through September 30, 2019, and included the certified Payroll
                        Support Program (PSP1) Application, sworn financial statement,
                        tax returns, and other documentation submitted to Treasury on
                        April 1, 2020.13

                        To accomplish this objective, Saggar & Rosenberg, P.C. (S&R)
                        performed the following activities during audit fieldwork remotely
                        from July 2023 through November 2023:

                        •   Reviewed applicable Federal laws and regulations, including:
                                o Title IV, Subtitle B, Air Carrier Worker Support, of the
                                  Coronavirus Aid, Relief, and Economic Security Act
                                  (CARES Act);14 and
                                o 14 CFR, Part 241,15 Uniform System of Accounts and
                                  Reports for Large Certificated Air Carriers, amended
                                  December 28, 2023.
                        •   Reviewed Treasury’s policies, procedures, and guidance related




13
   Wing Aviation Charter Services submitted the PSP1 Application and related support documentation
   on April 1, 2020.
14
   P.L. 116–136 (March 27, 2020).
15
   14 CFR, Part 241 “Uniform System of Accounts and Reports for Large Certificated Air Carriers”
   defines “Air carrier, large certificated” as an air carrier holding a certificate issued under 49 U.S.C.
   41102, as amended, that: (1) operates aircraft designed to have a maximum passenger capacity of
   more than 18,000 pounds; or (2) conducts operations where one or both terminals of a flight stage
   are outside the 50 states of the United States, the District of Columbia, the Commonwealth of
   Puerto Rico, and the U.S. Virgin Islands. These air carriers are required to report financial information
   to the Department of Transportation. Wing Aviation Charter Services is not a Large Certificated Air
   Carrier.



                        Audit of Air Carrier Worker Support Certifications - Wing Aviation Charter
                        Services, LLC (OIG-24-041)                                          13
Appendix 1: Objective, Scope, and Methodology

                             to PSP1:
                                 o Guidelines and Application Procedures for Payroll Support
                                   to Air Carriers and Contractors, which included the
                                   PSP1 Application, March 30, 2020;
                                 o PSP1 Agreement;
                                 o Question and Answer: Payroll Support to Air Carriers and
                                   Contractors, (April 2, 2020, April 3, 2020, and
                                   April 20, 2020 versions); and
                                 o Frequently Asked Questions: Application Procedures for
                                   Payroll Support to Air Carriers and Contractors,
                                   April 3, 2020.
                         •   Performed 100 percent testing for four of the eight sections of
                             the PSP1 Application—specifically, the Applicant Information,
                             Applicant Type, Awardable Amounts, and Certification sections.
                             The other four sections were not reviewed because the
                             Taxpayer Protection section generally applied to 241 air
                             carriers, with exceptions; the Employment Levels, Financial
                             Institution Information, and Additional Information sections had
                             no impact on Treasury’s determination of recipients’ award
                             amounts.
                         •   Interviewed key Treasury personnel and contracted consultant
                             personnel engaged by Treasury to aid in its evaluation of the air
                             carriers’ and the contractors’ certified applications and other
                             data.
                         •   Interviewed Wing Aviation Charter Services representatives
                             responsible for the completion and submission of the sworn
                             financial statement in the Awardable Amounts section of the
                             PSP1 Application.
                         •   Reviewed sworn financial statement and documents to support
                             the requested payroll support amount. The documentation
                             included general ledger data; company pay registers; benefit
                             invoices; Internal Revenue Service (IRS) Form 941, Employer’s
                             Quarterly Federal Tax Return; 16 and organizational hierarchy
                             information.




16
     IRS Form 941 is a tax form that businesses file quarterly to report income taxes, Social Security
     taxes, and Medicare taxes they withheld from employee paychecks.



                         Audit of Air Carrier Worker Support Certifications - Wing Aviation Charter
                         Services, LLC (OIG-24-041)                                          14
Appendix 1: Objective, Scope, and Methodology

                       •   Reviewed Government Accountability Office’s (GAO) Standards
                           for Internal Control in the Federal Government 17 to identify the
                           components of internal control that are significant to the audit
                           objective. Understanding internal control within the context of
                           an entity’s internal control framework can help auditors
                           determine whether internal control deficiencies exist. We
                           concluded that one of the five internal control components,
                           Control Activities, as related to Wing Aviation Charter Services’
                           payroll system, was significant to the audit objective. 18 This
                           component states that control activities are the actions
                           management establishes through policies and procedures to
                           achieve objectives and respond to risks in the internal control
                           system, which includes the entity’s information system. To
                           assess the controls over Wing Aviation Charter Services’ payroll
                           system, we reviewed a System and Organizational Controls 1
                           (SOC 1) report, 19 Data Supplier Questionnaire, 20 and interviewed
                           Wing Aviation Charter Services management responsible for
                           generating and using the data. Additional details regarding our
                           assessment of the reliability of the data is reported in the
                           section below.
                       •   Reviewed GAO’s Assessing Data Reliability 21 guidance, which
                           states that a data reliability determination does not involve
                           attesting to the overall reliability of the data or database. For
                           this audit, the audit team has only determined the reliability of
                           the specific data sources needed to support the findings,
                           conclusions, or recommendations in the context of the audit
                           objective. Wing Aviation Charter Services prepared the PSP1
                           Application using gross pay, which included information
                           developed from Wing Aviation Charter Services’ payroll system,
                           and estimated benefit payments. We compared details
                           generated from payroll registers at the individual employee level,
                           as well as third-party vendor benefit invoices from April 2019


17
   GAO-14-704G (September 2014).
18
   The five components of internal control are Control Environment, Risk Assessment, Control
   Activities, Information and Communication, and Monitoring.
19
   SOC 1 report addresses a company’s internal control over financial reporting, which pertains to the
   application of checks-and-limits. Essentially, it is the audit of a third-party vendor’s accounting and
   financial controls.
20
   A Data Reliability Assessment is completed to assess the reliability of data originating from a system
   to determine if it is reliable for the purposes of the audit. The Data Supplier Questionnaire would be
   one of the tools used during the Data Reliability Assessment.
21
   GAO-20-283G (December 2019).



                       Audit of Air Carrier Worker Support Certifications - Wing Aviation Charter
                       Services, LLC (OIG-24-041)                                          15
Appendix 1: Objective, Scope, and Methodology

                  through September 2019 to the amounts presented in the
                  Awardable Amounts section of the PSP1 Application.
                  To assess data reliability of these sources, we reviewed the
                  SOC 1 report and Data Supplier Questionnaire for the payroll
                  system, and interviewed Wing Aviation Charter Services
                  management responsible for generating and using the data.
                  Based on our assessment, we determined that the data was
                  sufficiently reliable to support the findings and conclusions to
                  answer the objective of this audit.

               We conducted this performance audit in accordance with generally
               accepted government auditing standards. Those standards require
               that we plan and perform the audit to obtain sufficient, appropriate
               evidence to provide a reasonable basis for our findings and
               conclusions based on our audit objective. We believe that the
               evidence obtained provides a reasonable basis for our findings and
               conclusions based on our audit objective.




               Audit of Air Carrier Worker Support Certifications - Wing Aviation Charter
               Services, LLC (OIG-24-041)                                          16
Appendix 2: Schedule of Monetary Benefits

                       According to the Code of Federal Regulations, 22 a questioned cost
                       is a cost that is questioned by the auditor because of an audit
                       finding:

                          (a) which resulted from a violation or possible violation of a
                              statute, regulation, or the terms and conditions of a Federal
                              award, including for funds used to match Federal funds;

                          (b) where the costs, at the time of the audit, are not supported
                              by adequate documentation; or

                          (c) where the costs incurred appear unreasonable and do not
                              reflect the actions a prudent person would take in the
                              circumstances.

                       Questioned costs are to be recorded in the Department of the
                       Treasury’s (Treasury) Joint Audit Management Enterprise System.
                       The amount will also be included in the Office of Inspector General
                       (OIG) Semiannual Report to Congress. It is Treasury management's
                       responsibility to report to Congress on the status of the agreed to
                       recommendations with monetary benefits in accordance with
                       5 USC 405.

                       Recommendation                            Questioned Costs
                       Recommendation No. 1                      $250,713

                       The questioned cost represents amounts provided by Treasury
                       under the Payroll Support Program (PSP1). As discussed in
                       Finding 1, Wing Aviation Charter Services, LLC overstated its PSP1
                       Application awardable amount to Treasury by $320,605 due to
                       (1) the inclusion of corporate officer compensation; and
                       (2) differences between the estimated benefits used for the PSP1
                       Application and the actual amount of benefit compensation paid.
                       However, since Treasury disbursed PSP1 funds pro-rata for
                       passenger air carriers at 78.2 percent of the requested amount, the
                       questioned cost related to the overstated PSP1 Application is
                       $250,713.



22
     2 CFR § 200.84 – Questioned Cost.



                       Audit of Air Carrier Worker Support Certifications - Wing Aviation Charter
                       Services, LLC (OIG-24-041)                                          17
Appendix 4: Treasury Management Response




            Audit of Air Carrier Worker Support Certifications - Wing Aviation Charter
            Services, LLC (OIG-24-041)                                          19
Audit of Air Carrier Worker Support Certifications - Wing Aviation Charter
Services, LLC (OIG-24-041)                                          20
Audit of Air Carrier Worker Support Certifications - Wing Aviation Charter
Services, LLC (OIG-24-041)                                          21
Appendix 5: Report Distribution

              Department of the Treasury
                 Treasury Secretary
                 Deputy Secretary
                 Treasury Audit Liaison
                 Office of Strategic Planning and Performance Improvement
                 Office of the Deputy Chief Financial Officer, Risk and Control
                   Group
              Wing Aviation Charter Services, LLC
                 Chief Executive Officer
                 Chief Operating Officer
                 National Director of Sales (formerly Chief Executive Officer)
              Office of Management and Budget
                 OIG Budget Examiner
              United States Senate
                 Committee on Homeland Security and Governmental Affairs
                 Committee on Finance
                 Committee on Banking, Housing, and Urban Affairs
                 Committee on Commerce, Science, and Transportation
                 Committee on Appropriations
                 Committee on the Budget

              United States House of Representatives
                 Committee on Oversight and Accountability
                 Committee on Financial Services
                 Committee on the Budget
                 Committee on Transportation and Infrastructure




              Audit of Air Carrier Worker Support Certifications - Wing Aviation Charter
              Services, LLC (OIG-24-041)                                          22
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