U.S. Attorney Darcie N. McElwee has announced the filing of lawsuits against three individuals accused of fraudulently obtaining CARES Act pandemic relief funds. The individuals, Jazmyn Paduani from Manchester, New Hampshire; Devin Vangel from Colorado Springs, Colorado; and Antoinette Avery from Holden, Maine, are alleged to have submitted false applications for financial assistance.
Paduani and Avery are both accused of misrepresenting information to obtain Paycheck Protection Program (PPP) loans and subsequently receiving forgiveness for these loans under false pretenses. Vangel is alleged to have improperly received a COVID-19 Economic Injury and Disaster Loan Emergency Advance.
According to the complaints, each defendant either misstated their business's annual income and payroll costs or falsely claimed to operate a business. The lawsuits were filed under the False Claims Act (FCA) and the Financial Institutions Reform, Recovery and Enforcement Act (FIRREA). Under FCA provisions, anyone who "knowingly presents, or causes to be presented, a false or fraudulent claim for payment or approval" can be held liable for triple damages plus civil penalties. For violations assessed after February 12, 2024, the minimum penalty per violation is $13,946.
Section 951 of FIRREA allows for civil penalties against those who knowingly make false statements to influence decisions by the SBA Administrator or secure loans under its programs like PPP. The maximum penalty per violation after February 12, 2024 is $2,449,575.
These legal actions reflect ongoing efforts by the U.S. Attorney’s Office to uncover fraudulent claims related to pandemic relief funds. Recent legislative changes have extended the statute of limitations for pursuing civil and criminal fraud cases concerning PPP and EIDL loans from six years to ten years.
The cases are docketed as United States v. Paduani (24-cv-00439-JCN), United States v. Vangel (24-cv-00440-JCN), and United States v. Avery (24-cv-00441-KFW) in the District of Maine.
It should be noted that these claims remain allegations at this stage with no determination of liability yet made.