A Louisiana-based inspection, repair, and maintenance company with offices in Hackensack, New Jersey, agreed on Jul. 21 to pay $2,916,900 to resolve allegations that it violated the False Claims Act by obtaining a Paycheck Protection Program loan it was not entitled to receive, according to U.S. Attorney Robert Frazer.
According to the complaint and settlement agreement contentions, CAN USA, Inc. applied for and received a $2 million PPP loan in January 2021. The eligibility rules at that time excluded businesses with more than 300 employees from receiving such loans. Applicants were required to count employees working for affiliated companies toward this limit. CAN USA certified its eligibility by stating it had no more than 300 employees; however, when including foreign affiliates’ staff, the company exceeded this threshold. After securing the loan and subsequently obtaining forgiveness for the full amount plus accrued interest, authorities alleged CAN USA was not eligible under program rules.
CAN USA fully cooperated during the investigation and resolution process. Under terms of the settlement agreement announced by federal prosecutors in Newark, CAN USA will pay nearly $3 million to settle a lawsuit filed under the whistleblower provision of the False Claims Act. This provision allows private parties—known as relators—to file suit on behalf of the United States regarding false claims and share in any government recovery; in this case, Clearwater Metrics LLC is receiving $291,690 as its share.
The government is represented by Assistant U.S. Attorney David V. Simunovich from Newark’s Health Care Fraud and Opioid Enforcement Unit. The civil action is titled United States ex rel. Clearwater Metrics LLC v. CAN USA Inc., Civil Action No. 26-3469 (D.N.J.). Authorities clarified that all claims resolved through this settlement are allegations only; there has been no determination of liability.
CAN USA’s counsel is Duris Holmes of New Orleans, while Jason Marcus represents relator Clearwater Metrics LLC out of Atlanta.
The U.S. Attorney’s Office for the District of New Jersey prosecutes federal crimes and represents the United States in civil matters across New Jersey; it staffs about 170 attorneys and support personnel covering statewide operations from offices in Newark, Trenton and Camden; advances community safety through law enforcement coordination and crime prevention programs; features alumni who include federal judges and U.S senators; and operates as part of the Department of Justice, according to its official website.