News

La Baguette settles federal lawsuit for $430K in fraudulent PPP claims

Company received two loans simultaneously through the Paycheck Protection Program

Customers place orders from La Baguette in Stanford Shopping Center. Embarcadero Media file photo by Veronica Weber.

A Palo Alto bakery has settled a lawsuit with the federal government for making false claims to acquire $430,000 through a program designed to help struggling businesses during the COVID-19 pandemic, the U.S. Department of Justice said on Friday.

La Baguette, a French bakery located at 170 Stanford Shopping Center, unlawfully applied for and received two loans through the Paycheck Protection Program (PPP) and later asked for and received loan forgiveness for both, leaving the Small Business Administration on the hook to cover the costs to the lenders.

The program was established through the Coronavirus Aid, Relief, and Economic Security ("CARES") Act, enacted in March 2020, to provide emergency financial assistance to Americans suffering economic effects caused by the pandemic. It also authorized forgivable loans to small businesses for employee payroll and certain other expenses. Participating lenders received processing fees from the Small Business Administration for handling the PPP loan applications. The lenders funded the loans, which were 100% guaranteed by the SBA, after application approvals.

In April 2020, La Baguette, through principal owner Scott Brunello, submitted an application for a PPP loan to a lender. La Baguette certified that from Feb., 15, 2020, through Dec. 31, 2020, the company hadn't and wouldn't receive another loan under the PPP. La Baguette received $214,700 from the lender by electronic transfer.

But while that loan was still pending, La Baguette submitted an application for another PPP loan to a second lender claiming that it hadn't and wouldn't receive another loan through the program during the same time period. The second lender loaned La Baguette $215,000 through an electronic funds transfer. The bakery knowingly kept the funds from both loans, the government said in its settlement agreement with La Baguette.

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"The United States further contends that, despite knowing that it should not have received more than one PPP loan prior to December 31, 2020, La Baguette applied for and received forgiveness of both loans from SBA," the government wrote.

Under its settlement agreement, La Baguette and Brunello agreed to pay the government $430,000, of which $215,000 is restitution. The settlement does not protect against any liability under criminal or Internal Revenue Service codes.

Two other Bay Area businesses also agreed to settlements, the Department of Justice said. Dynamic Integrated Solution Inc., an industrial equipment supplier located in Santa Clara, has also agreed to pay $50,000 in civil penalties to settle allegations that it received and retained a duplicate PPP loan. The company agreed to repay the loan it received in full to its lender, of approximately $985,000 on the duplicate loan.

A third company, Priority Acquisitions Inc., a Castro Valley licensed general contractor, has agreed to pay $50,000 in civil damages and penalties to settle allegations that it received and retained a duplicate loan. The company agreed to repay the loan in full to its lender. It will also repay the lender in full approximately $200,625.

The cases were filed in the U.S. District Court for the Northern District of California under whistleblower provisions of the False Claims Act by J. Bryan Quesenberry. He will receive a portion of the settlements totaling approximately $80,000, the Department of Justice said.

Tips and complaints from all sources about potential fraud affecting COVID-19 government relief programs can be reported to the Civil Division's Fraud Section at justice.gov/civil/report-fraud. Anyone with information about allegations of attempted fraud involving COVID-19 can also file a report by calling the Department of Justice's National Center for Disaster Fraud Hotline at 866-720-5721 or through the NCDF web complaint form at justice.gov/disaster-fraud/ncdf-disaster-complaint-form.

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Sue Dremann
 
Sue Dremann is a veteran journalist who joined the Palo Alto Weekly in 2001. She is a breaking news and general assignment reporter who also covers the regional environmental, health and crime beats. Read more >>

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La Baguette settles federal lawsuit for $430K in fraudulent PPP claims

Company received two loans simultaneously through the Paycheck Protection Program

by / Palo Alto Weekly

Uploaded: Fri, Feb 3, 2023, 5:11 pm

A Palo Alto bakery has settled a lawsuit with the federal government for making false claims to acquire $430,000 through a program designed to help struggling businesses during the COVID-19 pandemic, the U.S. Department of Justice said on Friday.

La Baguette, a French bakery located at 170 Stanford Shopping Center, unlawfully applied for and received two loans through the Paycheck Protection Program (PPP) and later asked for and received loan forgiveness for both, leaving the Small Business Administration on the hook to cover the costs to the lenders.

The program was established through the Coronavirus Aid, Relief, and Economic Security ("CARES") Act, enacted in March 2020, to provide emergency financial assistance to Americans suffering economic effects caused by the pandemic. It also authorized forgivable loans to small businesses for employee payroll and certain other expenses. Participating lenders received processing fees from the Small Business Administration for handling the PPP loan applications. The lenders funded the loans, which were 100% guaranteed by the SBA, after application approvals.

In April 2020, La Baguette, through principal owner Scott Brunello, submitted an application for a PPP loan to a lender. La Baguette certified that from Feb., 15, 2020, through Dec. 31, 2020, the company hadn't and wouldn't receive another loan under the PPP. La Baguette received $214,700 from the lender by electronic transfer.

But while that loan was still pending, La Baguette submitted an application for another PPP loan to a second lender claiming that it hadn't and wouldn't receive another loan through the program during the same time period. The second lender loaned La Baguette $215,000 through an electronic funds transfer. The bakery knowingly kept the funds from both loans, the government said in its settlement agreement with La Baguette.

"The United States further contends that, despite knowing that it should not have received more than one PPP loan prior to December 31, 2020, La Baguette applied for and received forgiveness of both loans from SBA," the government wrote.

Under its settlement agreement, La Baguette and Brunello agreed to pay the government $430,000, of which $215,000 is restitution. The settlement does not protect against any liability under criminal or Internal Revenue Service codes.

Two other Bay Area businesses also agreed to settlements, the Department of Justice said. Dynamic Integrated Solution Inc., an industrial equipment supplier located in Santa Clara, has also agreed to pay $50,000 in civil penalties to settle allegations that it received and retained a duplicate PPP loan. The company agreed to repay the loan it received in full to its lender, of approximately $985,000 on the duplicate loan.

A third company, Priority Acquisitions Inc., a Castro Valley licensed general contractor, has agreed to pay $50,000 in civil damages and penalties to settle allegations that it received and retained a duplicate loan. The company agreed to repay the loan in full to its lender. It will also repay the lender in full approximately $200,625.

The cases were filed in the U.S. District Court for the Northern District of California under whistleblower provisions of the False Claims Act by J. Bryan Quesenberry. He will receive a portion of the settlements totaling approximately $80,000, the Department of Justice said.

Tips and complaints from all sources about potential fraud affecting COVID-19 government relief programs can be reported to the Civil Division's Fraud Section at justice.gov/civil/report-fraud. Anyone with information about allegations of attempted fraud involving COVID-19 can also file a report by calling the Department of Justice's National Center for Disaster Fraud Hotline at 866-720-5721 or through the NCDF web complaint form at justice.gov/disaster-fraud/ncdf-disaster-complaint-form.

Comments

NeilsonBuchanan
Registered user
Downtown North
on Feb 3, 2023 at 5:37 pm
NeilsonBuchanan, Downtown North
Registered user
on Feb 3, 2023 at 5:37 pm

Thank you (PAO) for this report. I did not know what type of comment to check when writing this short comment. Perhaps the most appropriate category is "Crime and Incidents"?

The news seem to be simple fraud subject to penalties and restitution. Mr. Bryan Quesenberry found his whistle and has been recognized with financial rewards for his due diligence. If there are more cases to be opened and closed, then the issues do go beyond Palo Alto. I urge our local newspapers to report on regional and local fraud.


MyFeelz
Registered user
another community
on Feb 3, 2023 at 6:25 pm
MyFeelz, another community
Registered user
on Feb 3, 2023 at 6:25 pm

There is a website where you can look up anybody who applied for and got PPP loans. From the outset, recipients knew they were going to be forgiven. Web Link That's the site to look up anybody you want to get whistleblower rewards from, and MANY of those who got their payola from the government knew it was free money. There was no oversight when the money was being passed out. Now the government wants us to do their dirty work for them. I have to think hard about how badly I want a reward, by taking food out of children's mouths. I've known about this since it started, people who were passing the word, "pssst -- there's free money out there!" and no, I never took the bait. But, I do know of some world travelers who made the most of their loans once airlines opened service and faraway places opened back up for tourism. I'm pretty sure that's not how the money was supposed to be used.


MyFeelz
Registered user
another community
on Feb 5, 2023 at 11:38 pm
MyFeelz, another community
Registered user
on Feb 5, 2023 at 11:38 pm

Awfully quiet in here. Everybody rushing to find out how to pay back their ill-gotten gains? LOL. Don't worry. The Feds can't get a PA resident to turn narc. It would be like my favorite reference to situations like this: Mormon Crickets. Web Link YUCK. I have driven those roads where there's so many of them it looks like the asphalt is moving. Their favorite meal is other crickets. So, yeah, turning in your friends who are busy turning YOU in is like a cannibalistic feast!


Claude Ezran
Registered user
Leland Manor/Garland Drive
on Feb 6, 2023 at 11:30 am
Claude Ezran, Leland Manor/Garland Drive
Registered user
on Feb 6, 2023 at 11:30 am

La Baguette just wanted to make some extra dough...


historyguy
Registered user
Portola Valley
on Feb 6, 2023 at 11:45 am
historyguy, Portola Valley
Registered user
on Feb 6, 2023 at 11:45 am

Such fraud is stealing from every taxpayer. Why would/should any citizen patronize such a business? I know I won't. Whistle blowers are civic minded folks who see wrong doing and report it. Good for them.


Steven Hardy
Registered user
Crescent Park
on Feb 6, 2023 at 1:26 pm
Steven Hardy, Crescent Park
Registered user
on Feb 6, 2023 at 1:26 pm

Stealing COVID relief funds is despicable. Why does Stanford allow this criminal venture to continue operations on its property?


Rose
Registered user
Mayfield
on Feb 6, 2023 at 1:42 pm
Rose, Mayfield
Registered user
on Feb 6, 2023 at 1:42 pm
Novelera
Registered user
Midtown
on Feb 6, 2023 at 3:11 pm
Novelera, Midtown
Registered user
on Feb 6, 2023 at 3:11 pm

Wow! I knew there was a lot of fraud. The first round of PPP loans were the most outrageous. Big banks like Chase, Wells, and BofA cherry picked and their big customers got fast approval. Finally someone wised up and they had a second round of PPP loans for which to apply. These were reserved for small, local and/or minority owned banks. Our company got over $300K in the second round. The process of explaining where you spent it was grueling. Ultimately the loan we got ended up being forgiven as all having been spent on payroll. We could have included rent, medical insurance premiums for our employees, etc., but we included only actual payroll. I know ours was straight up and honest. We even opened another checking account for these funds, so it was crystal clear where the money went.


Native to the BAY
Registered user
Old Palo Alto
on Feb 6, 2023 at 4:59 pm
Native to the BAY, Old Palo Alto
Registered user
on Feb 6, 2023 at 4:59 pm

@MyFeelz

And so goes their name in the true since. Le Baguette (the bread) growing their tax free dough while many can’t afford to provide our children even a loaf . Sour PPP on Le Baguette!


green acres II resident
Registered user
Green Acres
on Feb 7, 2023 at 9:25 am
green acres II resident, Green Acres
Registered user
on Feb 7, 2023 at 9:25 am

This is an extremely popular caffe in the Stanford Mall. I ask those who visit this place to STOP PATRONIZING an institution that defrauds the federal government. IMO, this business does not deserve to thrive.


MyFeelz
Registered user
another community
on Feb 7, 2023 at 5:15 pm
MyFeelz, another community
Registered user
on Feb 7, 2023 at 5:15 pm

@green acres look at the SBA site where you can look up everyone who got a forgiven loan. There are more businesses that should be called out.

@Native to the Bay -- sour PPP dough! By the slice or the baguette!


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