Country Club to Pay Over $630,000 to Resolve False Claims Act Allegations Relating to Improper Receipt of Paycheck Protection Program Loan

Press Release

PHOENIX, Ariz. - Briarwood Country Club, Inc., a private country club located in Sun City has agreed to pay $631,400 to resolve allegations that it violated the False Claims Act by knowingly obtaining a loan under the Paycheck Protection Program (PPP) for which it was not eligible.

When Congress enacted the Coronavirus, Aid, Relief, and Economic Security (CARES) Act, it authorized forgivable PPP loans to eligible small businesses for job retention and certain other expenses. The PPP loan program was administered by the Small Business Administration (SBA). At the time of the loan covered by this settlement, certain entities organized under section 501(c) of the Internal Revenue Code were not eligible for PPP loans, including 501(c)(7) organizations.

In May 2020, Briarwood applied for a PPP loan in the amount of $431,800 and certified that it was eligible to receive the loan even though it was ineligible as a 501(c)(7) nonprofit organization. After receiving the PPP loan, Briarwood sought and received forgiveness of the loan. The United States contended that Briarwood knew or should have known it was ineligible to receive the PPP loan, and that it caused the SBA to pay lender fees to the bank that processed the loans. Briarwood will pay $631,400 to the United States to resolve these allegations.

"PPP loans were an important but finite resource to help save small businesses across America during a generational pandemic," said U.S. Attorney Gary Restaino. "But Congress did not intend this vital resource to cover 501(c)(7) 'social clubs' like Briarwood. Thanks to the Small Business Administration for vindicating program rules and protecting the public fisc."

SBA's General Counsel Therese Meers stated, "[t]he 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, SBA's Office of Inspector General and other Federal law enforcement agencies, as well as private individuals who uncover fraudulent conduct to recover the product of this fraud as well as penalties."

The settlement resolves claims brought under the qui tam or whistleblower provisions of the False Claims Act. Under these provisions, a private party can file an action on behalf of the United States and receive a portion of the recovery. The qui tam complaint was filed by Relator Wade Riner and is captioned United States ex rel. Riner v. Recreation Centers of Sun City West, et al., No. 22-cv-01421 (D. Ariz.). Mr. Riner will receive a total share of approximately $63,400 in connection with the settlement.

The resolution obtained in this matter was the result of a coordinated effort between the United States Attorney's Office for the District of Arizona and the SBA's Office of General Counsel and Office of the Inspector General. The Affirmative Civil Enforcement Unit of the United States Attorney's Office for the District of Arizona handled this matter.

Individuals with information regarding fraud, waste, or abuse related to federal programs should contact the relevant federal agency. A list of agencies and contact information can be found at https://www.justice.gov/usao-az/agency-links.

CASE NUMBER: CV-22-01421
RELEASE NUMBER: 2024-153_Briarwood Country Club

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Updated November 13, 2024