OSTON – Ralph Caruso of Wenham and five companies that he part-owns, have agreed to pay $1.065 million to resolve False Claims Act allegations that the companies falsely certified to the United States Small Business Administration (SBA) their eligibility for Paycheck Protection Program (PPP) loans. As part of the settlement, Caruso and his companies admitted that the loan applications falsely stated that the companies did not have owners who had pleaded guilty to certain felonies, but in fact Mr. Caruso had pleaded guilty to tax and mail fraud charges.
The Coronavirus Aid, Relief, and Economic Security Act (CARES Act) is a federal law enacted on March 29, 2020, designed to provide emergency financial assistance to the millions of Americans who were suffering the economic effects caused by the COVID-19 pandemic. The CARES Act authorized forgivable loans to small businesses for job retention and certain approved expenses, through the PPP. On Jan. 8, 2021, SBA announced the availability of a second round of PPP loans, known as Second Draw PPP loans. Entities that applied for Second Draw PPP loans had to certify, among other things, that no owner of the applicant had pleaded guilty to any felony involving fraud.
As detailed in the settlement agreement, on Jan. 21, 2021, Caruso pleaded guilty in federal court in Massachusetts to seven counts of aiding and assisting the filing of false tax returns, and five counts of mail fraud. Between Feb. 26, 2021, and April 1, 2021, five companies in which Caruso had at least a 20% ownership stake applied for Second Draw PPP loans. Caruso’s companies — Caruso Equipment Corp., Flush LLC, Above the Line LLC, LL Burlington LLC, and City Rentals LLC — received a total of $655,635 in loans. These companies, through individuals other than Caruso, later applied for and received forgiveness from SBA of these loans, including interest.
The United States contends that these companies were not eligible for Second Draw PPP loans due to Caruso’s felony convictions and ownership interests, and that Caruso and these companies thus submitted or caused to be submitted false claims for payment to SBA.
“Faced with potential economic catastrophe wrought by the pandemic, SBA made PPP loans available only to certain trusted recipients — not those with felony fraud convictions,” said United States Attorney Leah B. Foley. “The ink was barely dry on Caruso’s guilty plea when his companies unlawfully applied for these PPP. This office will continue to hold accountable those who took advantage of the PPP and other taxpayer-funded pandemic relief.”
“The favorable settlement in this case is the product of enhanced efforts by federal agencies such as the Small Business Administration working with the U.S. Attorney’s Office and other Federal law enforcement agencies to recover the product of this fraud as well as penalties,” said SBA General Counsel Wendell Davis.
On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.
Anyone with information about allegations of attempted 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 NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
U.S. Attorney Foley and SBA General Counsel Davis made the announcement today. This matter was handled by Assistant U.S. Attorneys Andrew A. Caffrey, III and Brian Sullivan of the U.S. Attorney’s Office for the District of Massachusetts.
