United States Attorney for the Southern District of New York, Jay Clayton, announced on July 27 that several labor unions and an employee benefit plan agreed to pay $3,850,000 to resolve allegations of violating the False Claims Act by falsely certifying eligibility for Paycheck Protection Program loans.
The defendants in the case are International Union of Journeymen and Allied Trades (IUJAT), United Service Workers Union IUJAT National Union (USWU), Home Healthcare Workers of America IUJAT (HHWA), Service Professionals Union Local 726 IUJAT (LOCAL 726), and United Welfare Fund – Welfare Division (UWF). These organizations are tax-exempt non-profits under Section 501(c)(5) of the Internal Revenue Code. The PPP was created under the Coronavirus Aid, Relief, and Economic Security Act to help small businesses impacted by COVID-19 through forgivable loans administered by the Small Business Administration. In April 2020, only certain types of non-profits—specifically those classified as 501(c)(3) or 501(c)(19)—were eligible for these loans; labor unions classified as 501(c)(5) were not.
According to Clayton, “The Paycheck Protection Program was created to help eligible small businesses weather the economic strain of the pandemic through forgivable loans. The defendants here applied for and received millions of dollars in taxpayer funds for which they were not eligible. This Office is committed to protecting taxpayer dollars and recovering public funds that flow to those who do not qualify,” said Clayton.
The complaint filed in Manhattan federal court states that between April 16 and April 20, 2020, each defendant submitted a PPP loan application through its authorized representative. Collectively, they received $3,316,966 in PPP loans after certifying their eligibility under existing rules at that time and later obtained full forgiveness for these loans. Before applying for funding, defendants had been informed by an SBA regional employee via a bank contact that only specific nonprofit categories qualified; they also became aware on April 9 that AFL-CIO advised labor unions were ineligible.
As part of the settlement agreement, defendants admitted responsibility for certain conduct alleged by federal authorities: each certified their eligibility on applications despite knowing otherwise based on advice from both an SBA regional employee and AFL-CIO guidance.
The government joined a private whistleblower lawsuit related to this matter filed under seal pursuant to the False Claims Act. Clayton acknowledged assistance from the Small Business Administration’s Office of General Counsel with this case. Assistant U.S. Attorney Mark Osmond is handling proceedings within the Civil Frauds Unit.