Patrick Walsh and 10 companies he owned or operated have agreed to enter into a consent judgment totaling $20,074,458.70 to resolve allegations that they violated the False Claims Act by knowingly providing false information in support of Paycheck Protection Program and Economic Injury Disaster Loan loan applications.
The 10 companies for which Walsh obtained fraudulent loans include American Blimp Company LLC; Walsh Family Land Corp.; Airsign Inc.; Airsign Airship Group LLC; Airsign Group LLC; Airsign Airships Latin America LLC; Airsign Airships Asia Pacific LLC; Airsign Airships Repair Station LLC; Aero Capital LLC; and Eagle Ridge Management Group LLC doing business as Shiloh Oil Company.
Congress created the PPP loan program and expanded access to the EIDL program in March 2020, as part of the Coronavirus Aid, Relief and Economic Security (CARES) Act, to provide emergency loans to small businesses suffering economic hardship due to the COVID-19 pandemic.
The PPP, administered by the U.S. Small Business Administration, was designed to provide low-interest, forgivable loans to applicants to help fund certain permissible expenses for qualifying businesses amidst the COVID‑19 pandemic, which included payroll costs, interest on mortgages, rent, and utilities.
The EIDL program, also administered by the SBA, provides low-interest loans to small businesses in regions affected by declared disasters. PPP loans were guaranteed by the SBA, and EIDL loans were direct loans made by the SBA.
To qualify under either program, a corporate representative submitted a loan application that, among other things, stated the number of the entity’s employees and certified that the borrower was an operating business that would use loan proceeds for eligible business expenses.
In this case, Walsh entered into a civil settlement in which he admitted to submitting PPP and EIDL loan applications on behalf of the companies listed above that provided false information about the companies’ employee rosters and payrolls. Some of the entities for which Walsh submitted loan applications were dormant or inactive.
Walsh submitted additional EIDL applications in his wife’s name on behalf of certain corporations. In total, Walsh received approximately $7.8 million in fraudulent loans on behalf of various corporate entities.
Walsh used those loan proceeds for impermissible personal purposes, including the purchase of a private island, investment in Texas oil interests, and paying off personal debts. When Walsh defaulted on the PPP loans, the SBA paid the lenders in full pursuant to its guarantee obligations.
The SBA also paid for certain interest and processing fee expenses incurred by the lenders related to the loans. Under the terms of the consent judgment, Walsh and the companies he owned or operated have agreed to the entry of judgments against them totaling $20,074,458.70.
In January 2023, Walsh pleaded guilty to one count of wire fraud and one count of money laundering in connection with the fraudulent loans and was sentenced to 66 months in federal prison, which he is currently serving. The court also ordered him to pay $7.8 million in restitution and entered a forfeiture order in the same amount.
The civil settlement stems from a whistleblower complaint filed in 2020 by Andrew Hersh, who performed information technology services for Walsh.
The qui tam provisions of the False Claims Act permit private persons to bring a lawsuit on behalf of the government and to share in the proceeds of the suit. The amount that Mr. Hersh will receive as a share of the recovery has not yet been determined.
