The Harvard Club of Boston Agrees to Pay $2.4 Million to Resolve Allegations of PPP Loan Fraud

BOSTON – The Harvard Club of Boston, a private club that is not formally affiliated with Harvard University, has agreed to pay approximately $2.4 million to resolve allegations that it violated the False Claims Act by obtaining a Paycheck Protection Program (PPP) loan for which it was not eligible. Congress enacted the Coronavirus Aid, Relief, and the Economic Security Act (CARES Act) on March 29, 2020, to provide emergency financial assistance to the millions of Americans who were suffering the economic effects of the COVID-19 pandemic. The CARES Act authorized forgivable loans to small businesses for job retention and certain approved expenses through the PPP. The Small Business Administration (SBA) has longstanding guidance identifying businesses that are ineligible for loan programs including “private clubs and businesses which limit the number of memberships for reasons other than capacity” and “restrict patronage for any reason other than capacity.” SBA’s guidance also made clear that this restriction applied specifically to eligibility for PPP loans. As detailed in the settlement agreement, The Harvard Club of Boston admits that, on May 4, 2021, it applied for and certified its eligibility for a first draw PPP loan. The Harvard Club of Boston later sought and received forgiveness from SBA of the full amount of its loan. At the time of its application, The Harvard Club of Boston operated as a private membership club that restricted membership to applicants who fit certain eligibility criteria, and therefore, it was ineligible for loans under the PPP program. The settlement credits The Harvard Club of Boston for cooperation under the Department of Justice’s Guidelines for Taking Voluntary Disclosure, Cooperation and Remediation into Account in False Claims Act Matters.