Verity Investigations, LLC v. Segepo-FSM, Inc.

Lexington, Kentucky, commercial litigation lawyers represented the Plaintiff on a qui tam (whistleblower) claim.

Segepo-FSM, Inc. was accused of falsely certifying it was eligible to apply for and receive forgiveness of its $503,900 second-draw PPP loan. Segepo-FSM, Inc. stated that it had fewer than 300 employees in its application. At the time of its loan and forgiveness applications, Segepo-FSM, Inc. was a subsidiary of Dentressangle. The Government contends that, together with its foreign affiliates, Segepo-FSM, Inc. had more than 300 employees and was therefore ineligible for that loan. Based on this false certification, SBA awarded and ultimately forgave Segepo-FSM, Inc.’s second-draw loan.

The settlement resolves a lawsuit brought by a private citizen under the qui tam provisions of the False Claims Act. Under those provisions, a private party can file a civil action on behalf of the United States, thereby bringing allegations of fraud to the Government’s attention, and share in any financial recovery. As part of this resolution, the individual who filed the qui tam complaint is eligible to receive a portion of the settlement proceeds. The civil case is captioned United States ex rel. Verity Investigations, LLC v. Segepo-FSM, Inc.

This matter was handled by the Affirmative Civil Enforcement Section of the U.S. Attorney’s Office, with assistance from the SBA’s Office of General Counsel. The claims resolved by the settlement are allegations only; there has been no determination of liability.

Settled for $887,234.