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Settlement Agreement among the United States of America, Aquatherm, L.P., and Verity Investigations, LLC

Summary

A False Claims Act settlement among the United States, on behalf of the SBA, Aquatherm, L.P. and Verity Investigations, LLC, which filed the qui tam case, Civil Action No. 25-1205-CFC in the District of Delaware, on or about September 29, 2025. Aquatherm, a polypropylene piping maker based in Lindon, Utah and 99% owned by a German company, obtained a Second Draw PPP loan of $864,982 that was later forgiven. The United States contends Aquatherm falsely certified that it and its affiliates had fewer than 300 employees, and in the attached Statement of Facts Aquatherm admits it had more than 300 at all relevant times. Aquatherm agrees to pay $1,351,575.84, of which $901,050.56 is restitution, and the relator receives $135,157.58. The agreement is not an admission of liability.

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2026-09-25
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Full text

                      SETTLEMENT AGREEMENT

      This Settlement Agreement (“Agreement”) is entered into among the

United States of America, acting through the United States Department of

Justice and on behalf of the United States Small Business Administration

(collectively the “United States”), Aquatherm, L.P., and Verity Investigations,

LLC (all hereafter collectively referred to as “the Parties”), through their

authorized representatives.

                                  RECITALS

      A.     Aquatherm,    L.P.   (“Aquatherm”)    is   a   Delaware   limited

partnership with its principal place of business in Lindon, Utah. Aquatherm

manufactures polypropylene piping systems for pressurized mechanical and

plumbing systems.

      B.     In early 2020, as part of the Coronavirus Aid, Relief, and

Economic Security Act (“CARES Act”), Congress created the Paycheck

Protection Program (“PPP”), a loan program that was administered by the

United States Small Business Administration (“SBA”). In early 2021, SBA

authorized a second series of PPP loans, generally referred to as “Second Draw”

PPP loans.

      C.     On or about September 29, 2025, Verity Investigations, LLC

(“Relator”) filed a qui tam action in the United States District Court for the

District of Delaware captioned United States ex rel. Verity Investigations, LLC
v. Aquatherm, L.P., Civil Action No. 25-1205-CFC, pursuant to the qui tam

provisions of the False Claims Act, 31 U.S.C. § 3730(b) (the “Civil Action”).

      D.          The United States contends that it has certain civil claims

against Aquatherm arising from Aquatherm’s application for a Second Draw

PPP loan (the “Second Draw Loan”) on or about March 27, 2021, and SBA’s

forgiveness of that loan on or about July 12, 2022. That conduct is referred to

below as the Covered Conduct.

      E.     Specifically, the United States contends that, on its application

for the Second Draw Loan and its forgiveness application for the Second Draw

Loan, Aquatherm falsely certified that it, together with its domestic and

foreign affiliates, had fewer than 300 employees, which was a requirement to

be eligible for the loan and for forgiveness of the loan

      F.     This Settlement Agreement is neither an admission of liability by

Aquatherm nor a concession by the United States that its claims are not well

founded.

      G.     Aquatherm admits the undisputed facts set forth in the attached

Statement of Facts.

      H.     Relator claims entitlement under 31 U.S.C. § 3730(d) to a share

of the proceeds of this Settlement Agreement and to Relator’s reasonable

expenses, attorneys’ fees and costs.

      To avoid the delay, uncertainty, inconvenience, and expense of

protracted litigation of the above claims, and in consideration of the mutual



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promises and obligations of this Settlement Agreement, the Parties agree and

covenant as follows:

                        TERMS AND CONDITIONS

      1.     Aquatherm shall pay to the United States one million three

hundred fifty-one thousand, five hundred seventy-five dollars and eighty-four

cents ($1,351,575.84) (the “Settlement Amount”), of which $901,050.56 is

restitution, by electronic funds transfer, pursuant to written instructions to be

provided by the Office of the United States Attorney for the District of

Delaware, no later than 30 days after the Effective Date of this Agreement.

      2.     Conditioned upon the United States receiving the Settlement

Amount from Aquatherm and as soon as feasible after receipt, the United

States shall pay $135,157.58 to Relator by electronic funds transfer (“Relator’s

Share”).

      3.     No later than 30 days after the Effective Date of this Agreement,

Aquatherm will pay to Relator four thousand, five hundred twelve dollars and

fifty cents ($4,512.50) for expenses, attorneys’ fees, and costs pursuant to 31

U.S.C. § 3730(d). Aquatherm and Relator agree that this amount represents

reasonable expenses, attorney’s fees, and costs for the Civil Action

      4.     Subject to the exceptions in Paragraph 6 (concerning reserved

claims) below, and upon the United States’ receipt of the Settlement Amount,

the United States releases Aquatherm from any civil or administrative

monetary claim the United States has for the Covered Conduct under the False



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Claims Act, 31 U.S.C. §§ 3729–3733; the Program Fraud Civil Remedies Act,

31 U.S.C. §§ 3801–3812; or the common law theories of breach of contract,

payment by mistake, unjust enrichment, and fraud.

      5.     Subject to the exceptions in Paragraph 6 (concerning reserved

claims) below, and upon the United States’ receipt of the Settlement Amount,

Relator, for itself and for its members, successors, attorneys, agents, and

assigns, releases Aquatherm from any civil monetary claim the Relator has on

behalf of the United States for the Covered Conduct under the False Claims

Act, 31 U.S.C. §§ 3729–3733.

      6.     Notwithstanding the releases given in Paragraph 4 of this

Agreement, or any other term of this Agreement, the following claims and

rights of the United States are specifically reserved and are not released:

             a.     Any liability arising under Title 26, U.S. Code (Internal

                    Revenue Code);

             b.     Any criminal liability;

             c.     Except as explicitly stated in this Agreement, any

                    administrative liability or enforcement right, or any

                    administrative remedy, including the suspension and

                    debarment rights of any federal agency;

             d.     Any liability to the United States (or its agencies) for any

                    conduct other than the Covered Conduct;




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             e.     Any liability based upon obligations created by this

                    Agreement;

             f.     Any liability of individuals.

      7.     Relator and its members, successors, attorneys, agents, and

assigns shall not object to this Agreement but agree and confirm that this

Agreement is fair, adequate, and reasonable under all the circumstances,

pursuant to 31 U.S.C. § 3730(c)(2)(B). Conditioned upon Relator’s receipt of

the Relator’s Share, Relator and its members, successors, attorneys, agents,

and assigns fully and finally release, waive, and forever discharge the United

States, its agencies, officers, agents, employees, and servants, from any claims

arising from the filing of the Civil Action or under 31 U.S.C. § 3730, and from

any claims to a share of the proceeds of this Agreement and/or the Civil Action.

      8.     Relator, for itself, and for its members, successors, attorneys,

agents, and assigns, releases Aquatherm, and its officers, agents, and

employees, from any liability to Relator arising from the filing of the Civil

Action, or under 31 U.S.C. § 3730(d) for expenses or attorneys’ fees and costs.

      9.     Aquatherm waives and shall not assert any defenses it may have

to any criminal prosecution or administrative action relating to the Covered

Conduct that may be based in whole or in part on a contention that, under the

Double Jeopardy Clause in the Fifth Amendment of the Constitution, or under

the Excessive Fines Clause in the Eighth Amendment of the Constitution, this




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Agreement bars a remedy sought in such criminal prosecution or

administrative action.

      10.    Aquatherm fully and finally releases the United States, its

agencies, officers, agents, employees, and servants, from any claims (including

attorneys’ fees, costs, and expenses of every kind and however denominated)

that it has asserted, could have asserted, or may assert in the future against

the United States, its agencies, officers, agents, employees, and servants,

related to the Covered Conduct or the United States’ investigation or

prosecution thereof.

      11.    Aquatherm fully and finally releases the Relator from any claims

(including attorneys’ fees, costs, and expenses of every kind and however

denominated) that Aquatherm has asserted, could have asserted, or may

assert in the future against the Relator, related to the Civil Action and the

Relator’s investigation and prosecution thereof.

      12.    a.    Unallowable Costs Defined: All costs (as defined in the

Federal Acquisition Regulation, 48 C.F.R. § 31.205-47) incurred by or on behalf

of Aquatherm, and its present or former partners, officers, directors,

employees, shareholders, and agents in connection with:

                   (1)    the matters covered by this Agreement;

                   (2)    the United States’ civil investigation of the matters

                          covered by this Agreement;




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                   (3)    Aquatherm’s investigation, defense, and corrective

                          actions undertaken in response to the United States’

                          civil investigation in connection with the matters

                          covered by this Agreement (including attorneys’

                          fees);

                   (4)    the negotiation and performance of this Agreement;

                   (5)    the payment Aquatherm makes to the United States

                          pursuant to this Agreement and any payments that

                          it may make to Relator, including costs and

                          attorneys’ fees,

are unallowable costs for government contracting purposes (hereinafter

referred to as “Unallowable Costs”).

             b.    Future Treatment of Unallowable Costs:        Unallowable

Costs will be separately determined and accounted for by Aquatherm, and

Aquatherm shall not charge such Unallowable Costs directly or indirectly to

any contract with the United States.

             c.    Treatment of Unallowable Costs Previously Submitted for

Payment: Within 90 days of the Effective Date of this Agreement, Aquatherm

shall identify and repay by adjustment to future claims for payment or

otherwise any Unallowable Costs included in payments previously sought by

Aquatherm or any of its subsidiaries or affiliates from the United States.

Aquatherm agrees that the United States, at a minimum, shall be entitled to



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recoup from Aquatherm any overpayment plus applicable interest and

penalties as a result of the inclusion of such Unallowable Costs on previously-

submitted requests for payment.            The United States, including the

Department of Justice and/or the affected agencies, reserves its rights to audit,

examine, or re-examine Aquatherm’s books and records and to disagree with

any calculations submitted by Aquatherm or any of its subsidiaries or affiliates

regarding any Unallowable Costs included in payments previously sought by

Aquatherm, or the effect of any such Unallowable Costs on the amount of such

payments.

        13.   This Agreement is intended to be for the benefit of the Parties

only.

        14.   Upon receipt of the payment described in Paragraph 1, above, the

United States and Relator shall promptly sign and file in the Civil Action a

Joint Stipulation of Dismissal of the Civil Action pursuant to Rule 41(a)(1).

        15.   Except as provided in Paragraph 3, above, each Party shall bear

its own legal and other costs incurred in connection with this matter, including

the preparation and performance of this Agreement.

        16.   Each Party and signatory to this Agreement represents that it

freely and voluntarily enters into this Agreement without any degree of duress

or compulsion.

        17.   This Agreement is governed by the laws of the United States. The

exclusive venue for any dispute relating to this Agreement is the United States



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District Court for the District of Delaware. For purposes of construing this

Agreement, this Agreement shall be deemed to have been drafted by all Parties

to this Agreement and shall not, therefore, be construed against any Party for

that reason in any subsequent dispute.

      18.    This Agreement constitutes the complete agreement between the

Parties. This Agreement may not be amended except by written consent of the

Parties. Forbearance by the United States from pursuing any remedy or relief

available to it under this Agreement shall not constitute a waiver of rights

under this Agreement.

      19.    The undersigned counsel represent and warrant that they are

fully authorized to execute this Agreement on behalf of the persons and entities

indicated below.

      20.    This Agreement may be executed in counterparts, each of which

constitutes an original and all of which constitute one and the same

Agreement.

      21.    This     Agreement    is   binding   on   Aquatherm’s   successors,

transferees, heirs, and assigns.

      22.    This Agreement is binding on Relator’s successors, transferees,

heirs, and assigns.

      23.    All Parties consent to the United States’ disclosure of this

Agreement, and information about this Agreement, to the public.




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      24.     This Agreement is effective on the date of signature of the last

signatory to the Agreement (the “Effective Date”). Facsimiles of signatures

shall constitute acceptable, binding signatures for purposes of this Agreement.




                       THE UNITED STATES OF AMERICA


DATED:                     BY: ______________________________
                                 Dylan J. Steinberg
                                 Civil Chief
                                 Assistant United States Attorney
                                 District of Delaware


                              AQUATHERM, L.P.


DATED:                     BY: _____________________________
                                 James Paschal
                                 CEO / President


DATED:                     BY: _____________________________
                                 Rodney Wilkinson
                                 Counsel for Aquatherm, L.P.



                        VERITY INVESTIGATIONS, LLC


            6/9/2026
DATED:                     BY: _____________________________
                                 Gregory Lynam
                                 Member, Verity Investigations, LLC


DATED: June 8, 2026        BY: _____________________________
                                 Steven Shepard
                                 Counsel for Verity Investigations, LLC

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                         STATEMENT OF FACTS

1. Aquatherm, L.P. (“Aquatherm”) is a Delaware limited partnership with its
   principal place of business in Lindon, Utah. Aquatherm is 99% owned by
   Aquatherm Besitzgesellschaft mbH & Co. KG, a German company.

2. In early 2020, as part of the Coronavirus Aid, Relief, and Economic Security
   Act (“CARES Act”), Congress created the Paycheck Protection Program
   (“PPP”), a loan program that was administered by the United States Small
   Business Administration (“SBA”).

3. In early 2021, SBA authorized a second series of PPP loans, generally referred
   to as “Second Draw” PPP loans. To be eligible for a Second Draw loan,
   applicants were required to certify that they, together with any of their
   domestic and foreign affiliates, had fewer than 300 employees.

4. Aquatherm applied for and obtained a Second Draw PPP loan in the amount
   of $864,982. On the Second Draw loan application, Aquatherm certified that
   it, together with its affiliates, had fewer than 300 employees. Aquatherm
   subsequently applied for (and ultimately received) forgiveness of the Second
   Draw loan.

5. At all relevant times, Aquatherm, together with its affiliates, had more than
   300 employees.


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