Pacific Medical Buildings LLC
(PMB), PMB Lakeway LLC, RD Development Partners LLC, Lakeway Management LLC,
J&L Rush Family Partnership LP, Jeff Rush, and Brad Daniel have agreed to
pay the United States $1.1 million to resolve allegations that they violated
the False Claims Act by improperly helping to obtain a loan insured by the
Federal Housing Administration (FHA) and receiving impermissible
distributions of project funds for the development of Lakeway Regional
Medical Center in Lakeway, Texas, the Department of Justice today
announced. “Individuals and entities that
benefit from FHA insurance must follow the requirements intended to safeguard
this important program,” said Assistant Attorney General Jody Hunt of the
Department of Justice’s Civil Division. “We will continue to hold responsible
those who knowingly violate these requirements and waste critical program funds.” “This settlement reflects our
commitment to safeguard the integrity of the FHA loan program,” stated U.S.
Attorney John F. Bash, Western District of Texas. The FHA, part of the U.S.
Department of Housing and Urban Development (HUD), insures loans used to
build hospitals in underserved areas. The settling parties, along with
several other individuals and entities, were involved in efforts to develop a
hospital using an FHA-insured loan. The settlement today resolves allegations
that the settling parties participated in a scheme to improperly obtain the
FHA-insured loan by delaying refunds to investors who had cancelled their
investments to make it appear as if the project satisfied mortgage covenants
regarding the cash on hand required to close the loan. The settlement also
resolves allegations that the settling parties received impermissible
distributions of project funds. “It is deeply disconcerting when
industry professionals, who have fiduciary responsibilities and are expected
to act as honest brokers, exploit federal programs created to aid legitimate
medical facilities,” said Robert Kwalwasser, Acting Assistant Inspector
General for Investigation, HUD Office of Inspector General. “This settlement
demonstrates our continuing resolve, and should serve as a warning, that we
will pursue those engaged in behavior that undermines federal insurance
programs.” The settlement was the result of
a joint investigation conducted by HUD, the HUD Office of Inspector General,
the Civil Division, and the U.S. Attorney’s Office for the Western District
of Texas. The claims asserted against the settling parties are allegations
only, and there has been no determination of liability. |
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