Aquatherm, L.P. agreed to pay $1,351,575.84 to resolve False Claims Act allegations that it improperly obtained a Paycheck Protection Program loan for which it was not eligible, according to the U.S. Attorney’s Office for the District of Delaware.
DOJ said Aquatherm received an $864,982 PPP loan in March 2021 after certifying that it and its affiliates had fewer than 300 employees. Under the applicable PPP rule, that employee count included domestic and foreign affiliates.
According to DOJ, Aquatherm is 99% owned by Aquatherm Besitzgesellschaft mbH & Co. KG, a German company. The government alleged that Aquatherm exceeded the 300-employee limit when its domestic and foreign affiliates were included, making it ineligible for the loan. Aquatherm later received full forgiveness from the SBA.

The settlement also resolved claims brought under the qui tam provisions of the False Claims Act. DOJ said the whistleblower will receive a share of the recovery.
The case highlights a recurring PPP enforcement issue: affiliate headcount. For public-record screening, foreign ownership, control, affiliated entities, employee count, and forgiveness records can all create eligibility questions requiring verification.

