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Tuesday, April 28, 2020

Mnuchin Warns Of ‘Criminal Liability’ For Public Firms Taking Small Biz Loans

The federal government plans to audit any company taking out more than $2 million from the small business loan program, Treasury Secretary Steven Mnuchin said in a pair of interviews on Tuesday, adding that large corporations that wrongfully claimed the money could be subject to “criminal liability.”

KEY FACTS

The government plans to conduct a full audit of any small business loan over $2 million, Mnuchin said, in a bid to deter public companies with access to capital markets from the latest round of stimulus.
“This was a program designed for small businesses,” he told CNBC. “It was not a program that was designed for public companies that had liquidity.”
Large companies that don’t meet the requirements will not have their loans forgiven and could be subject to “criminal liability” if they don’t repay the money, Mnuchin told Fox News.
The Paycheck Protection Program, which provides emergency small business funding, has faced backlash after several large corporations disclosed they had taken out loans that were intended for smaller companies with fewer than 500 employees.
Several public companies took PPP loans but have since said they would return the money, including: Ruth’s Hospitality Group, owner of Ruth’s Chris Steak House, took a $20 million loan, AutoNation took a $77 million loan and the Los Angeles Lakers even took a $4.6 million loan.
Mnuchin said that he was “outraged” that a sports team like the Lakers had taken a loan, before adding that he was glad to see them pay it back.

Crucial quote

“We’re not going to be able to check all the loans before they go out the door because there’s over 26,000 of these loans, but before we forgive these loans, we’ll check every single one over $2 million,” Mnuchin pledged on Tuesday. “I encourage everybody to look at this and pay back these loans now so we can recycle the money if you made a mistake.”

Crucial statistic

More than 220 public companies have applied for at least $870 million in small business loans, according to data analytics firm FactSquared.

Key background

Under the $2.2 trillion CARES Act, The Paycheck Protection Program was originally allocated $349 billion for emergency small business loans, but that funding was quickly exhausted amid overwhelming demand that has often caused glitches in the system. Despite weeks of controversy around the PPP, another $310 billion was injected into the program thanks to the latest $484 billion coronavirus relief bill passed last week.

What to watch for

“As states start opening up, I think you’re going to see a lot of demand come back,” Mnuchin told Fox News when asked about reopening the U.S. economy. “Again, the states are going to open up slowly, so you’re going to see June and July pick up… But I think by August and September you’re going to see a big bounce back from what has been a very rocky period.”
https://www.forbes.com/sites/sergeiklebnikov/2020/04/28/mnuchin-warns-of-criminal-liability-for-public-companies-taking-small-business-loans/#2fa747a65056
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