Beverage Dispensing Equipment Manufacturer Pays $2.6 Million To Settle False Claims Act Allegations Involving Paycheck Protection Program

Tampa, FL - Micro Matic USA, Inc. (Micro Matic), a Delaware corporation with a principal place of business in Brooksville, Florida, has agreed to pay a settlement of $2,593,219.18 to resolve allegations that Micro Matic violated the False Claims Act by improperly obtaining a loan under the Paycheck Protection Program (PPP). This action is part of the Trump Administration's Task Force to Eliminate Fraud. United States Attorney Gregory W. Kehoe made the announcement.

Congress created the PPP in March 2020 as part of the Coronavirus Aid, Relief and Economic Security (CARES) Act to provide emergency loans to small businesses suffering economic hardship due to the COVID-19 pandemic. The PPP was expanded and modified by the Economic Aid Act in December 2020 and the American Recovery Plan Act in March 2021. The PPP authorized small businesses to seek forgiveness of the loans if they spent the loan funds on eligible expenses. When applying for PPP loans, borrowers were required to certify the truthfulness and accuracy of all information provided in their loan applications. The PPP was administered by the U.S. Small Business Administration (SBA). Under the second round of PPP, only a business with 300 or fewer employees was eligible for a PPP loan. To determine size, businesses were required to apply the affiliation rules under 13 C.F.R. § 121.301(f), which require aggregating the employees and revenue of related companies, including companies outside the United States.

GNGH2, Inc. filed a qui tam complaint in the Middle District of Florida alleging that Micro Matic improperly obtained a $2 million PPP loan. According to the allegations in the complaint, Micro Matic was ineligible for its PPP loan because it was not a small business due to its size after inclusion of its foreign affiliates. The United States investigated GNGH2's allegations with the cooperation of Micro Matic. This settlement concludes the litigation and GNGH2 will receive $259,321.91 as a share in the recovery. The civil case is captioned United States ex rel. GNGH2, Inc. v. Micro Matic USA, Inc., Case No. 8:24-cv-00442-MSS-UAM (M.D. Fla.).

"PPP loans were intended to provide economic assistance to legitimate businesses during a national catastrophic event," said U.S. Attorney Gregory W. Kehoe. "We will continue to prosecute those who abuse this federal program and pursue the recovery of improperly obtained funds from anyone found ineligible to receive taxpayer dollars."

"Investigations like this one reflect the collaboration of the Small Business Administration and the U.S. Attorney's Office, as well as the work of private individuals who uncover fraudulent conduct, to recover COVID pandemic relief funds obtained through fraud," said SBA General Counsel Wendell Davis.

This civil settlement resulted from an investigation by Assistant United States Attorney Christopher J. Emden, with the support of Arlene Embrey and Alexis Pinkston from SBA's Office of General Counsel.

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

On April 7, the Department of Justice announced the creation of the National Fraud Enforcement Division. The core mission of the Fraud Division is to zealously investigate and prosecute those who steal or fraudulently misuse taxpayer dollars. Department of Justice efforts to combat fraud support President Trump's Task Force to Eliminate Fraud, a whole-of-government effort chaired by Vice President J.D. Vance to eliminate fraud, waste, and abuse within Federal benefit programs.