The United States Attorney’s Office for the District of Columbia announced on July 31 that it reached a civil settlement agreement with the Club at Morningside Inc., under which the club agreed to pay $850,000 plus interest to resolve allegations of violating the False Claims Act by improperly receiving a Paycheck Protection Program (PPP) loan.
According to federal authorities, when Congress enacted the Coronavirus Aid, Relief, and Economic Security (CARES) Act, it authorized forgivable PPP loans for eligible small businesses and nonprofit organizations. The Small Business Administration administered these loans. At the time in question, entities organized under section 501(c)(7) of the Internal Revenue Code were not eligible for PPP loans.
In 2020, Morningside—a country club located in Rancho Mirage, California—applied for a PPP loan totaling $727,427 and certified its eligibility despite being classified as a section 501(c)(7) nonprofit organization. After obtaining forgiveness of the entire loan amount, authorities alleged that Morningside knowingly misrepresented its eligibility and caused lender fees to be paid by the SBA to its bank. Following an analysis of its ability to pay as part of settlement negotiations, Morningside agreed to resolve these allegations through payment.
The settlement resolves claims brought under whistleblower provisions of the False Claims Act. The qui tam complaint was filed by Aidan Forsyth and is captioned United States ex rel. Aidan Forsyth v. Club at Morningside Inc., et al., Civ. A. No. 24-1175 (D.D.C.). Forsyth will receive approximately $83,266.55 plus a portion of interest from this settlement.
The investigation was conducted by Assistant United States Attorney Sean M. Tepe and Auditor Timothy J. Hurley, with support from Caitlin J. Kelly at SBA’s Office of General Counsel.
Officials encourage reporting potential fraud affecting COVID-19 government relief programs through tips or complaints submitted via phone or online form provided by the Department of Justice’s National Center for Disaster Fraud.