$8.39 Million Settlement With College Relating To Improper Receipt Of Paycheck Protection Program Loan

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Marymount Manhattan College Admits That It Was Ineligible to Receive Paycheck Protection Program Loan

United States Attorney for the Southern District of New York, Jay Clayton, and Special Agent in Charge of the Eastern Regional Office of the U.S. Small Business Administration, Office of Inspector General ("SBA-OIG"), Amaleka McCall-Brathwaite, announced today that MARYMOUNT MANHATTAN COLLEGE ("MMC") has agreed to pay $8,392,758.43 to resolve allegations that it violated the False Claims Act by falsely certifying that it was eligible for a Paycheck Protection Program ("PPP") loan. Under the settlement approved by U.S. District Judge J. Paul Oetken, MMC has admitted and accepted responsibility for conduct alleged in the Government's Complaint, including that it was ineligible to receive the PPP loan due to the total number of individuals it employed.

The PPP, administered by the SBA, was created to assist small businesses nationwide adversely impacted by the COVID-19 pandemic. Nonprofit 501(c)(3) organizations such as MMC were deemed eligible for PPP loans if they met certain requirements. For example, when MMC applied in May 2020, 501(c)(3) organizations (like for-profit businesses) were generally required to have 500 or fewer employees. MMC exceeded this size eligibility requirement. The American Rescue Plan Act, enacted in March 2021, modified the size eligibility standard for 501(c)(3) nonprofit organizations to require that they have no more than 500 employees per physical location.

"The Paycheck Protection Program was established to ease financial and economic strain caused by the pandemic by providing businesses with forgivable loans," said U.S. Attorney Jay Clayton. "But too many applicants applied for and received taxpayer money that they had no right to receive. Our Office remains dedicated to holding those who improperly claim public funds accountable."

"Entities that misrepresented their eligibility to obtain funds from SBA programs intended to support small businesses impacted by the COVID-19 pandemic undermined the integrity of these critical relief efforts," said SBA-OIG Special Agent in Charge Amaleka McCall-Brathwaite. "The SBA Office of Inspector General remains committed to identifying and addressing fraud within SBA programs and will continue to work closely with our law enforcement partners to hold accountable those who exploit these programs."

As alleged in the Complaint filed in Manhattan federal court:

On or about May 7, 2020, MMC submitted, through its authorized representative, an application for a PPP loan to a financial institution. MMC was approved for and received a PPP loan in the amount of $6,555,592.00. In June 2021, MMC, through its authorized representative, applied for forgiveness of most of the PPP loan, and $6,197,696.64 of the PPP loan amount was ultimately forgiven.

MMC indicated on its PPP loan application that it had an average of 482 full-time equivalent employees each month. MMC also certified, among other things, that it was eligible to receive the loan.

MMC submitted an appendix with its loan application that included audited financial statements (balance sheets, statements of activities, statements of cash flows, and notes to financial statements), tax returns and related schedules, and payroll records. Within this lengthy appendix, there was a table reflecting that MMC's full-time and part-time employees exceeded 500 for each month during 2019. The appendix did not list the location at which the employees worked.

MMC actually employed well over 500 full-time and part-time employees at the time it submitted its loan application. Further, it had more than 800 full-time and part-time employees for each month in 2019, including those months within the period relevant for determining PPP eligibility.

Under applicable law and regulations, full-time and part-time employees were counted equally for purposes of determining PPP loan eligibility. The 482-employee total listed on the PPP loan application improperly counted MMC's part-time employees as one-third of an employee.

When it applied for PPP loan forgiveness in June 2021, MMC misrepresented in its application that it had only 447 employees at the time of its PPP loan application.

MMC violated the False Claims Act by knowingly presenting and making, or causing to be presented and made, false claims and statements in connection with its submission of its PPP loan application and forgiveness application. Specifically, MMC falsely certified its eligibility for the PPP loan because MMC employed more than 500 employees (in total and at a single location) and was thus ineligible for the loan it received.

In connection with the filing of the lawsuit and settlement, the Government joined a private whistleblower lawsuit that had been filed under seal pursuant to the False Claims Act.

Mr. Clayton praised the SBA's Office of General Counsel for its assistance with this case.

The case is being handled by the Office's Civil Frauds Unit. Assistant U.S. Attorney Mark Osmond is in charge of the case.