NEWNAN, Ga. - Universal Environmental Services, LLC ("UES"), a Peachtree City, Georgia-based subsidiary of a large German conglomerate, will pay $2.6 million to resolve allegations that the company violated the False Claims Act in connection with applying and obtaining forgiveness for a loan under the COVID-era Paycheck Protection Program ("PPP").

"When people provide false information to obtain government-backed loans, they break the law and misdirect resources away from those who need them," said U.S. Attorney Theodore S. Hertzberg. "Our office will continue to enforce the False Claims Act to recover such funds, plus penalties."

The government's investigation arose after a whistleblower filed a complaint alleging that, in 2020, UES applied for a second-draw loan under the PPP. Such loans were only offered to "small" businesses, which the program rules and loan application defined to mean businesses that employed fewer than 300 employees, including all members of the corporate family. UES is a subsidiary of a large German conglomerate, the Avista Oil Group, and the entire corporate family employs well over 300 employees. Yet UES stated on the loan application that it employed 287 employees, a figure that reflected only its domestic employees. Based on this incorrect information, a bank approved an approximately $2 million loan, which the Small Business Administration ("SBA") later paid off at taxpayers' expense.

Under the False Claims Act, private citizens may bring suit for false claims on behalf of the United States and share in any recovery obtained by the government. The whistleblower will receive $312,000 from the settlement. UES will also pay the whistleblower's attorney fees.

The claims resolved by the settlement are allegations only, and there has been no determination of liability.

This civil settlement resolves a lawsuit filed in the U.S. District Court for the Northern District of Georgia under the qui tam or whistleblower provisions of the False Claims Act, United States ex rel. Verity Investigations LLC v. Universal Environmental Services, LLC, No. 3:24-cv-00109-LMM.

The investigation and resolution of this matter was handled by Assistant U.S. Attorney Anthony DeCinque. Former Special Assistant U.S. Attorney Nicole Karem also participated in the investigation, with assistance from the SBA's Office of General Counsel.

Anyone with information about allegations of attempted Pandemic Program fraud involving COVID-19 can report it by calling the Department of Justice's National Center for Disaster Fraud (NCDF) Hotline at (866) 720-5721 or via the SBA Office of the Inspector General Complaint Submission at: https://sbax.sba.gov/oigcssLinks to other government and non-government sites will typically appear with the "external link" icon to indicate that you are leaving the Department of Justice website when you click the link..

For further information please contact the U.S. Attorney's Public Affairs Office at [email protected] or (404) 581-6185. The Internet address for the U.S. Attorney's Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.