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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

 ____________________ 

UNITED STATES OF AMERICA,

ex rel. VICTORIA HABLITZEL, 

Plaintiff,

v. 

ALL IN JETS, LLC and

SETH A. BERNSTEIN,

Defendants

______________________________________/ 

QUI TAM COMPLAINT

The Relator, Victoria Hablitzel, files this qui tam action in the name of the United States 

against All in Jets, LLC and Seth A. Bernstein (“Defendants”), pursuant to 31 U.S.C. § 3730, and 

states as follows:

Introduction

1. On March 11, 2020, the World Health Organization declared the novel coronavirus 

(COVID-19) a global pandemic. On March 27, 2020, the President signed into law the 

Coronavirus Aid, Relief and Economic Security Act, which created the Paycheck Protection 

Program (“PPP”). 

2. The PPP provides forgivable, emergency loans to small businesses that certify, 

under penalty of fine or imprisonment, that they will use the funds only to pay for payroll expenses, 

rent, mortgage interest, or utilities during a covered period. 

3. On April 27, 2020, All in Jets, LLC (“JetReady”), a Florida-based jet chartering 

company, received a PPP loan in the amount of $1,173,382. Despite the clear requirements, as 

stated on the application form, that loan funds obtained through the program must be used only to 

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pay a business’s payroll, rent, mortgage interest, or utilities expenses, JetReady knowingly failed 

to use the funds for such purposes. 

4. Instead, at the direction of its owner, Seth A. Bernstein, JetReady immediately 

misappropriated the funds by transferring them to: (a) an investment bank that Mr. Bernstein coowned; (b) various third party companies to whom Mr. Bernstein either owed money or from 

whom he would receive a direct personal benefit; and (c) an outside pilot service to pay part of 

JetReady’s overdue invoices.

5. In sum, this knowing misappropriation of federal funds violates the False Claims 

Act because the Government would not have funded the loan if it knew that JetReady had falsely 

certified its intended use of the funds. Accordingly, both JetReady and Mr. Bernstein caused

JetReady to submit a false claim to the Government for which they should be held liable, jointly 

and severally, for actual damages, treble damages, fines, and attorney’s fees. 

Parties, Jurisdiction, and Venue

6. Relator Victoria Hablitzel (“Hablitzel”) resides in Pompano Beach, Florida. From 

2017 until early May 2020, she served as a Senior Accountant and, after a promotion, Assistant 

Controller for Defendant JetReady. During her tenure with JetReady, Hablitzel worked primarily 

out of JetReady’s headquarters in Fort Lauderdale. On March 9, 2020, JetReady’s Chief Financial 

Officer and Co-Chairman, Daniel Hebert (“Hebert”) informed Hablitzel that the company would 

be laying her off with three months’ severance pay. During her severance period, Hablitzel was 

encouraged to still come into work, which she did until she accepted another position. Hablitzel’s 

last day at JetReady was on May 7, 2020.

7. Defendant All in Jets, LLC, is a Florida limited liability company with its principal 

place of business in Fort Lauderdale, Broward County, Florida. It operates under the tradename

“JetReady” and has a Florida fictitious name registration for the name. JetReady is a private jet 

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charter operator and aircraft management company that provides charter flights worldwide and has 

a charter fleet of heavy to midsize jets including Gulfstream GIVSPs, Gulfstream GIVs, 

Challenger 601s and Hawker 800 models. JetReady’s base of operations is located at 140 S. 

Apollo Blvd., Melbourne, Brevard County, Florida. As mentioned above, Daniel Hebert is

JetReady’s CFO and Co-Chairman. John Scotto (“Scotto”) is JetReady’s President of Sales and 

its Co-Chairman. Joseph Carello (“Carello”) is JetReady’s Director of Operations. As of February 

1, 2020, JetReady had approximately 75 employees, including but not limited to pilots, flight 

attendants, mechanics, and various operational and administrative employees. By April 1, 2020, 

JetReady had laid off approximately 55 employees and had only 20 remaining. When Hablitzel 

left JetReady on May 7, the company was still at 20 employees. 

8. Defendant Seth Adam Bernstein (“Bernstein”) is the owner of JetReady. He resides 

at 2104 Lakehaven Point, Longwood, Florida. Today, in addition to owning JetReady, Bernstein 

is the owner, chairman & CEO of SMB Capital (“SMB Capital”), a private equity and advisory 

firm based in Manhattan. SMB Capital’s office is located at 655 Madison Avenue, 20th Floor New 

York, NY 10065, the same address that JetReady lists as its New York address. Bernstein is also

the current co-owner and CEO of Bernstein Equity Partners, LLC, an investment bank that

Bernstein co-owns and manages with Hebert. BEP owns Bernstein Hebert Securities LLC, a

registered FINRA securities broker-dealer. BEP shares the same New York address as SMB

Capital and JetReady.

9. This Court has subject-matter jurisdiction over this matter pursuant to 28 U.S.C. §

1331.

10. Venue is proper in this district pursuant to 28 U.S.C. § 1391(b)(1) and 31 U.S.C. §

3732(a).

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General Allegations

The Paycheck Protection Program 

11. On March 27, 2020, the Coronavirus Aid, Relief, and Economic Security Act 

(the “CARES Act”), Pub. L. 116-136, 134 Stat. 281, created the PPP, initially making $349 billion 

in forgivable loans available to small businesses impacted by the COVID-19 pandemic. The

U.S. Small Business Administration (“SBA”) administers the PPP, promulgates the rules and 

regulations governing the PPP, and guarantees all PPP loans made by lenders. 

12. The PPP allows small businesses (less than 500 employees) to obtain forgivable 

loans of up to $10 million, at 1% interest, to cover payroll costs, rent, mortgage interest, utilities 

and other overhead expenses for a “covered period.” PPP loans are processed and approved by 

qualified lenders that the SBA approves. Lenders may issue PPP loans without the SBA’s prior 

review or approval, but lenders must agree to be responsible for determining borrower 

eligibility under the SBA’s criteria. To that end, the SBA issued interim final rules governing 

PPP eligibility on April 2, April 3, April 14, and April 24, 2020.

13. Because the initial $349 billion originally allocated for the PPP was quickly

exhausted, Congress proposed a bill authorizing a second tranche of emergency funding.

Accordingly, on April 24, 2020, the President signed into law the Paycheck Protection Program 

and Health Care Enhancement Act, Pub. L. No. 116-139, 134 Stat. 620, whereby Congress 

allocated another $310 billion for PPP loans to small businesses. The SBA continued to adopt 

interim rules governing eligibility through June 24, 2020.

14. On June 5, 2020, the PPP was further modified when the President signed the 

Paycheck Protection Program Flexibility Act of 2020 (“Flexibility Act”), Pub. L. No. 116-142, 

134 Stat. 641. The Flexibility Act modifies the original PPP loan criteria that was set forth in 

the CARES Act. Some of the major modifications set forth in the Flexibility Act are: 

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• Congress changed the loan repayment period from 2 years to 5 years with the interest 

rate remaining at 1%.

• Congress expanded the original 8-week “covered period” for a business to exhaust its 

loan proceeds on payroll, rent, mortgage interest, or utilities, before the borrower may

qualify for loan forgiveness. The new covered period is the earlier of a 24-week period 

or December 31, 2020, for any new borrower after June 5, 2020, to spend the loan funds 

on approved expenses. Borrowers who borrowed before June 5, 2020, may choose 

between the 8-week covered period or the extended period.

• Congress relaxed the requirement that 75% of the borrower’s loan funds be spent on 

payroll expenses and reduced the requirement to 60%. The remaining 40% of the funds

may be used for rent, mortgage payments, or utilities. 

• Congress extended the deferral period for loan repayments to begin for any unforgiven 

loan amount from 6 months to the date on which the borrower’s forgiveness amount is 

remitted to the lender.

• Congress extended the safe harbor date from June 30, 2020, to December 31, 2020, for 

a borrower to rehire laid off full-time equivalent (“FTE”) employees, so as not to have 

the borrower’s loan forgiveness amount reduced.

• Between February 15 and December 31, 2020, loan forgiveness will be determined 

without regard to the reduction of FTE employees, if the borrower in good faith can 

prove either: (a) an inability to rehire individuals who were employees on February 15, 

2020, and an inability to hire similar qualified employees by December 31, 2020; or (b) 

the business has been unable to return to the same level of business activity it was at 

before February 1, 2020, due to COVID-19 health compliance requirements. 

15. As of June 20, 2020, 5,456 lenders participated in the PPP, issuing 4,666,560

loans totaling nearly $515 billion. Notably, PPP loans in excess of $1 million comprise only 

1.7% of the total number of loans funded across the country, and the average loan amount is

$110,000. 

The PPP Borrower Application Form

16. The PPP has a uniform Borrower Application Form (“BAF”) that lenders must 

use or incorporate into their loan applications. A copy of the BAF (issued by the SBA on April 

2, 2020) is attached as Exhibit 1. In addition to asking for the business’s average monthly 

payroll expense, the business’s number of employees, and the names of all owners who own 

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20% or more equity in the business, the BAF requires the borrower to represent the “purpose 

of the loan” by checking boxes for more than one of the following categories: payroll, 

lease/mortgage interest, utilities, or other (with room to explain other).

17. In addition to identifying the purpose of the loan, the BAF requires the following 

certifications:

• “The Applicant is eligible to receive a loan under the rules in effect at the time this 

application is submitted that have been issued by the Small Business Administration 

(SBA) implementing the Paycheck Protection Program under [the CARES Act] (the 

Paycheck Protection Program Rule).”

• “All SBA loan proceeds will be used only for business-related purposes as specified 

in the loan application and consistent with the Paycheck Protection Program Rule.” 

See Exhibit 1 (emphasis added). 

18. The BAF further requires, in relevant part, that an authorized representative of 

the applicant “certify in good faith” each of the following by initialing next to each item:

• “Current economic uncertainty makes this loan request necessary to support the 

ongoing operations of the Applicant.”

• “The funds will be used to retain workers and maintain payroll or make mortgage 

interest payments, lease payments, and utility payments, as specified under the Paycheck 

Protection Program Rule; I understand that if the funds are knowingly used for 

unauthorized purposes, the federal government may hold me legally liable, such as 

for charges of fraud.” 

• “I further certify that the information provided in this application and the 

information provided in all supporting documents and forms is true and accurate in all 

material respects. I understand that knowingly making a false statement to obtain 

a guaranteed loan from SBA is punishable under the law, including under 18 U.S.C. 

1001 and 3571 by imprisonment of not more than five years and/or a fine of up to 

$250,000; under 15 USC 645 by imprisonment of not more than two years and/or a fine 

or not more than $5,000; and, if submitted to a federal insured institution, under 18 

USC 1014 by imprisonment of not more than thirty years and/or a fine or not more 

than $1,000,000.”

See Exhibit 1 (emphasis added).

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19. While Hablitzel does not possess a copy of JetReady’s final BAF submitted to 

its lender, First Bank of the Lake, a state bank chartered in Missouri, JetReady was required to 

certify to the truth and accuracy of the above representations in the BAF, the falsity of which is 

punishable by significant liability, fines and imprisonment.

JetReady Fraudulently Represents on its PPP Loan Application 

That it Will Use the Loan Funds Only for Authorized Purposes

20. As of February 1, 2020, JetReady had approximately 75 employees, including but 

not limited to pilots, flights attendants, mechanics, and various operational and financial 

employees. 

21. As of Hablitzel’s last day of employment at JetReady on May 7, 2020, JetReady

had 20 employees. Of the approximately 55 employees that JetReady laid off, the company 

terminated all of them before April 1, 2020. Upon information and belief, none of the terminated 

employees have been rehired.

22. On April 3, 2020, Hebert and Bernstein completed a draft BAF on behalf of 

JetReady. See Exhibit 2. While Hebert and Bernstein executed the form, they did not submit 

it, as they did not have information regarding JetReady’s payroll. Nevertheless, on the draft, 

Hebert and Bernstein represented that the loan would be used for “payroll.” Id.

23. In mid-April 2020, Hebert and Scotto took the lead in preparing and submitting 

JetReady’s final BAF (“JetReady BAF”). 

24. In preparing the final version of the JetReady BAF, Hebert and Scotto enlisted 

the assistance of Tavita Halkett, Bernstein’s executive assistant and an employee of Bernstein 

Equity Partners, and Hablitzel in gathering certain documents and information. While Hablitzel 

did not assist Hebert or Scotto in filling out the actual application, in mid-April, she provided 

Scotto a payroll report that ADP prepared for PPP purposes.

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25. On or about April 16, 2020, the First Bank of the Lake, based in Missouri, approved 

the JetReady BAF.

26. On the morning of April 27, 2020, JetReady received $1,173,382 in PPP funds, 

via electronic transfer into its account at Wells Fargo Bank. Before JetReady received the funds, 

it had a negative balance in the account of -$2,750.92. 

JetReady Misuses its PPP Funds

27. Immediately upon receipt of the funds, at Bernstein’s direction, Halkett and 

Hebert, enlisted Hablitzel’s assistance in transferring the almost all of the funds away from 

JetReady. 

28. Some of the funds were used to pay JetReady’s overdue invoices. The majority 

of the funds, however, were sent to an investment bank co-owned by Bernstein and Hebert and 

a variety of third-party companies to whom Bernstein either owed money, or from whom he 

would derive a personal benefit. 

29. Hablitzel and Halkett transferred the funds to the following destinations at 

Bernstein’s request:

Date Recipient Executed 

Transfer

Amount

4/27/20 Hathaway Pilot Services Hablitzel $25,000

4/27/20 Nantucket Dreamland Foundation Hablitzel $25,000

4/27/20 Bernstein Equity Partners Hablitzel $350,000

4/28/20 Bernstein Equity Partners Hablitzel $400,000

4/28/20 SCCF LLC Halkett $26,794.35

4/28/20 Ramsey Psychiatr Halkett $26,700

4/28/20 Ramsey Psychiatr Halkett $15,000

4/28/20 Ramsey Psychiatr Halkett $5,435

4/29/20 Bernstein Equity Partners Hablitzel $250,000

$1,123,929.35

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The relevant portion of JetReady’s Wells Fargo April 30, 2020, bank statement, showing the 

deposit of $1,173,382 in PPP funds and the above transfers totaling $1,123,929.35, is attached 

as Exhibit 3.

30. Because Hablitzel left JetReady on May 7, 2020, she does not know how 

JetReady spent the $49,452.65 balance of the PPP funds.

31. Bernstein Equity Partners is an investment bank that Bernstein and Hebert coown and co-manage in Manhattan. That entity – with no other apparent connection to JetReady 

– received $1,000,000 in wire transfers from JetReady’s PPP funds.

32. Likewise, Nantucket Dreamland Foundation (“NDF”) received a $25,000

transfer from JetReady. In April 2020, NDF was hosting a fundraising campaign to build a 

drive-in theater in Nantucket, Massachusetts, for summer residents. Notably, on April 28, the 

date on which JetReady transferred $25,000 in PPP funds to NDF, NDF publicly thanked “longtime friend and generous donor...Seth Bernstein” for “a challenge gift of $25,000,” noting that 

every dollar donated by others would be matched by Bernstein up to $25,000. 

33. On April 27, JetReady transferred $26,794.35 of its PPP funds to SCCF LLC 

(Sports Construction of Central Florida), a company in Winter Park, Florida, that builds sports 

fields and courts. Upon information and belief, these funds were used to pay for the 

construction of a sports court, e.g., tennis, basketball, etc., at Bernstein’s home or another 

location. 

34. On April 27, JetReady transferred $25,000 of its PPP funds to Hathaway Pilot

Services (“HPS”). Charles L. Hathaway, Jr. (“Hathaway”), is the principal of HPS and resides 

in Las Vegas, Nevada. Hathaway has been a contract pilot and seller of aircrafts with HPS for 

37 years and has been a pilot for 40 years. In 2010, Hathaway pled guilty to wire fraud, mail 

fraud, and conspiracy charges in the Middle District of Florida (Case No. 09-cr-00018), 

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resulting from an indictment charging him and his associates with submitting $10 million in 

false invoices to an aviation company over a 15-year period. As of March 27, 2020, JetReady 

purportedly “owed” HPS for $49,843.00 for unspecified pilot services. Payment of these invoices, 

however, was not an authorized use of PPP funds, i.e., payroll, rent, mortgage interest, or

utilities expenses. Even assuming HPS provided pilot services to JetReady, HPS was not an 

“employee” of JetReady. 

35. On April 28, JetReady made three transfers totaling $37,135 to “Ramsey 

Psychiatr[y]”, but neither the full name of the entity, nor the purpose of the transfers, is clear. 

Regardless of what goods or services were purchased from “Ramsey Psychiatr[y]” with JetReady’s 

PPP funds, this expense likewise did not fall into one of the four permissible categories. 

36. In sum, it is unequivocal that JetReady’s PPP funds were not used for authorized 

purposes under the PPP, which are limited to JetReady’s payroll, rent, mortgage interest, or 

utilities expenses.

Bernstein Directed the Transfers of JetReady’s PPP Funds

37. E-mail traffic among JetReady’s employees makes clear that Bernstein 

masterminded the misappropriation and misuse of JetReady’s PPP funds.

38. On April 27, 2020, at 8:52 a.m. (the same morning on which JetReady received 

the PPP funds), Halkett emailed Hablitzel, notifying Hablitzel that she initiated a wire for

$26,794.35 from the JetReady Wells Fargo account to pay SCCF for an invoice referencing 

“sports camp.”

39. On April 27, 2020, at 10:47 a.m., Halkett emailed Hablitzel, directing Hablitzel

to wire $25,000.00 to “Chuck Hathaway today (ASAP).” At 10:59 a.m., Hablitzel emailed 

Halkett the wire confirmation. 

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40. On April 27, 2020, at 11:35 a.m., Halkett emailed Hablitzel, directing Hablitzel

to wire $25,000.00 to Nantucket Dreamland Foundation. When Hablitzel asked Halkett if she

should note “on behalf of Seth Bernstein” on the transfer form, Halkett replied to just say, “Seth 

Bernstein.”

41. On April 27, 2020, at 2:44 p.m., upon receiving a request to wire most of the PPP 

funds to Bernstein Equity Partners, Hablitzel emailed Halkett and Hebert to provide them with 

a summary spreadsheet of the wires sent from the JetReady Wells Fargo account up to that point 

on April 27, 2020. In addition to those transfers above, the spreadsheet also included the three 

transfers to “Ramsey Psychiatr[y]” totaling $37,135.00, with a reference notation of “Seth 

Personal 04/27/20.”

42. In response to Halkett and Hebert’s inquiry about wiring funds to Bernstein 

Equity Partners, Hablitzel referenced that there is a $500,000.00 per day cap on wire transfers 

from the JetReady Wells Fargo. Hablitzel offered to “wire $500k today, $500k tomorrow, and 

the remainder on Wednesday [April 29].” 

43. On April 27 at 2:46 p.m., Hablitzel corrected her prior email and says she will 

only be wiring $450,000.00 to Bernstein Equity Partners that day because she had already 

executed $50,000.00 in wires from the Wells Fargo account that day. Hebert responds, “Okay 

no worries. But please make sure with Karen or Bob that no ACH pulls are approved.” Shortly 

thereafter, Hablitzel again corrects the amount of the wire and says Wells Fargo informed her

that JetReady exceeded the wire limit for one day, so she could only wire $350,000.00 to 

Bernstein Equity Partners. She follows with a confirming email to Hebert and Halkett, 

enclosing the wire receipt for $350,000.00. 

44. On April 28, 2020, at 11:56 a.m. Halkett emails Hablitzel, copying Hebert, and 

states, in relevant part: 

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As per Seth’s instructions to me, please wire

The maximum daily amount allowed into BEP Wells Fargo account.

(Emphasis added).

45. On April 28, 2020, at 12:02 p.m., Hablitzel replied to Halkett’s email, copying 

Hebert, and states:

I would like confirmation that this has been approved by all parties. Dan please 

confirm.

Further, I would like written confirmation that I have had no decision making 

authority in regards to the release of any/all funds and that I will not have any 

liability associated with any claims of misappropriated funds.

46. On April 28 at 12:13 p.m., Hebert responded to Hablitzel, and states:

Tavita was instructed by Seth to move the funds from JetReady to BEP. I 

hereby confirm that the instructions originated from and approved by Seth 

Bernstein.

In addition, I hereby confirm ath (sic) you have no decision-making authority 

with respect to the disbursement of funds in the JetReady Wells Fargo account.

(Emphasis added). 

47. On April 28 at 12:15 p.m., Hablitzel forwarded Hebert’s email to Carello, 

JetReady’s Director of Operations. 

48. On April 28 at 12:25 p.m., Hablitzel emails Hebert and Halkett, and states:

I’m in a very awkward situation with all of this. I was terminated back on March 

9th, 2020 (effective 03/06/2020) and have been wanting to return my bank tokens 

and transfer the banking permissions to someone other than myself since the first 

week of March. I have been willing to assist in the meantime with payroll 

processing and general accounting questions as needed by Impacct. I do not feel 

comfortable with any of this and would prefer for Dan to initiate the transfer 

of funds. Dan does have signing authority and should be able to process the 

transfer.

(Emphasis added). 

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49. At 12:41 p.m. on the same day, Hebert responds: “Your email has been received 

and message acknowledged.” 

50. On April 28, 2020 at 9:39 a.m., Carello emailed Hebert, with a copy to Scotto, 

strongly objecting to the misappropriation of JetReady’s PPP funds for unauthorized uses. His 

email states: 

Good morning Dan, 

It has come to my attention that the PPP funds have been grossly 

misappropriated and are already almost half gone, without having paid any of 

JetReady’s obligations nor going to fund payroll of furloughed employees. 

The sentiments that you expressed yesterday in regards to this being the “owners 

money” are not exactly accurate for several reasons, the most primary being that 

it’s considered fraud if misappropriated. The intention of the PPP program is to 

get American's working again during this time of crisis, not to pay the owners 

frivolous personal expenses or transfer to a hedge fund. 

By misallocating these funds JetReady's operation has been put in jeopardy 

potentially endangering the crew members on the road, and definitively harming 

the viability and longevity of the company as a whole. 

I implore you to return the money that was transferred to Bernstein Equity 

Partners and utilize it properly, as intended by the Federal Government, to get 

our airplanes operational and bring the crew members out of furlough. 

A copy of Carello’s email is attached as Exhibit 4 (Emphasis added). 

51. On April 28, 2020, at 2:26 p.m., in response to Carello’s earlier email to Hebert 

and Scotto, Bernstein replied to all as follows: 

JoeI received the emailI moved the money to Bernstein equity partners not a hedge fund and not for 

my frivolous expensesPPP money is a government loan in which I have to pay back. 

I have billions of dollars how I have been able to buy all my planes with no debt. 

Jetready has stolen from me, been mismanaged and cost me over 18 million of 

losses. 

It is why I decided to let jetready become self sufficient or be cash break even.

In any case you cease and desist the wrong information you are providing to 

people and also the badmouthing of me and the company. Last I checked you are 

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paid and only have 1 to 2 planes flying. Any other co would not have all these 

ppl for 1-2 planes on cert. 

SethA copy of the email chain is attached as Exhibit 5 (Emphasis added).

52. The next morning, on April 29 at 9:55 a.m., Carello sent a lengthy reply to 

Bernstein, with a copy to Hebert and Scotto, which stated, in pertinent part:

Seth, 

Payroll Protection Plan money is a fully forgivable grant as long as it’s used for 

75% payroll and 25% overhead and staffing is brought back to pre covid levels 

by June 30th. It is clearly defined to be used for those purposes and is tax payer 

money set aside to keep Americans employed during this global crisis. It is not 

a standard loan and the program does not have unlimited funds nor is it designed 

to support companies that don’t need it or intend to use it appropriately. It is 

intended only for those planning on keeping Americans employed through this 

crisis and authorized only for specific uses as outlined under the SBA guidelines. 

Any spending outside of those guidelines could be considered fraud and I suggest 

that you consult with counsel to determine liability in that regard. If you in fact 

have billions of dollars in liquidity that in itself would preclude you and jetready 

from loan eligibility as it would be an alternative source of funding for the 

company negating that need. 

See Exhibit 5.

53. Upon information and belief, Bernstein has engineered receipt of other 

fraudulent PPP loans, including a loan to International Jet Charters, LLC. 

Attorney’s Fees and Conditions Precedent

54. All conditions precedent to filing suit have been performed or waived.

55. The specific facts and circumstances alleged in this Complaint have not been 

publicly disclosed: (a) in a federal criminal, civil, or administrative hearing in which the U.S. 

Government or its agent is a party; (b) in a Congressional, Government Accountability Office, 

or other U.S. Government report, hearing, audit, investigation; or (c) to the news media.

56. To the extent any Court determines that a public disclosure has taken place, 

Hablitzel is an original source of the information upon which this Complaint is based, as that 

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term is defined in 31 U.S.C. § 3730(e)(4)(B). Specifically, on or about July 6, 2020, Hablitzel 

disclosed to the government the information on which the allegations in this Complaint are 

based. 

Count I

31 U.S.C. § 3729(a)(1)(A) 

57. The Relator realleges the allegations made in Paragraphs 1 through 56. 

58. This a claim for treble damages and forfeitures under the False Claims Act, 31 

U.S.C. §§ 3729-32, as amended. 

59. Through the acts described above, Defendants and their agents and employees 

knowingly presented and caused to be presented to the Government materially false or fraudulent 

claims for a PPP loan. 

60. The Government, unaware of the material falsity of the claims made or caused to 

be made by the Defendants, approved, paid, and participated in payments made by the 

Government’s fiscal intermediaries for a loan that otherwise would not have been allowed. 

61. By reason of these payments and approvals, the Government has been damaged and 

continues to be damaged, in an amount yet to be determined. 

WHEREFORE, the Relator requests that judgment be entered against Defendants, ordering 

that:

a. Defendants cease and desist from violating the False Claims Act, 31 U.S.C. §3729 

et seq.; 

b. Defendants pay an amount equal to three times the amount of damages the 

Government has sustained because of Defendants’ actions, plus a civil penalty against 

Defendants of not less than $11,665.00 for each violation of 31 U.S.C. § 3729; 

c. The Relator be awarded the maximum amount allowed pursuant to 31 U.S.C. § 

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3730(d);

d. The Relator be awarded all costs of this action, including attorneys’ fees, expenses, 

and costs pursuant to 31 U.S.C. § 3730(d); and

e. The Government and the Relator be granted all such other relief as the Court deems 

just and proper.

Count II

31 U.S.C. § 3729(a)(1)(B)

62. The Relator realleges the allegations made in Paragraphs 1 through 56.

63. This a claim for treble damages and forfeitures under the False Claims Act, 31 

U.S.C. §§ 3729-32, as amended. 

64. Through the acts described above, Defendants knowingly used or caused to be used 

a materially false record or statements to get a PPP loan paid using U.S. Government funds.

65. The Government was unaware of the material falsity of the records, statements, and 

claims Defendants submitted as part of the JetReady BAF.

66. But for Defendants’ use of the materially false record or statement, the PPP loan 

would not have been paid.

67. By reason of Defendants’ use of these materially false records and statements, the 

Government has been damaged.

WHEREFORE, the Relator requests that judgment be entered against Defendants, ordering 

that:

a. Defendants cease and desist from violating the False Claims Act, 31 U.S.C. §3729 

et seq.;

b. Defendants pay an amount equal to three times the amount of damages the 

Government has sustained because of Defendants’ actions, plus a civil penalty against 

Case 0:20-cv-61410-CMA Document 2 Entered on FLSD Docket 07/13/2020 Page 16 of 17
Case 0:20-cv-61410-CMA Document 2 Entered on FLSD Docket 07/13/2020 Page 17 of 17