Opinion
Civil Action 1:22-CV-165-SA-DAS
12-15-2022
UNITED STATES OF AMERICA PLAINTIFF v. CREAM MCCLOUD DEFENDANT
CLAY JOYNER United States Attorney JOHN E. GOUGH JR. (MSB #10351) Assistant United States Attorney Attorney for Plaintiff United States of America CREAM MCCLOUD, Defendant
CLAY JOYNER
United States Attorney
JOHN E. GOUGH JR. (MSB #10351)
Assistant United States Attorney
Attorney for Plaintiff United States of America
CREAM MCCLOUD, Defendant
JURY TRIAL DEMANDED
CONSENT JUDGMENT
This consent judgment is entered into between the United States of America, acting through the United States Department of Justice and on behalf of the United States Small Business Administration (“SBA”) (collectively the “United States”), and Defendant Cream McCloud. The parties stipulate and consent to the entry of judgment in favor of the United States of America against Defendant Cream McCloud on the basis of violations of the False Claims Act, U.S.C. §3729-3733 in the sum of $45,333.92, which specifically includes $40,333.92 for the Paycheck Protection Program loan and $5,000.00 for the bank processing fees; and $402.00 for the court filing fee pursuant to 28 U.S.C. § 2412(a)(2). Post judgment interest shall accrue at the legal rate pursuant to 28 U.S.C. § 1961(a) and shall be computed daily and compounded annually until paid in full, but without costs to either party. Defendant Cream McCloud agrees that the sum owed, $45,333.92, plus interest, is due and payable in full immediately. Defendant also agrees to pay a separate $402.00 filing fee pursuant to 28 U.S.C. § 2412(a)(2).
Provided, however, execution shall not issue upon this judgment as long as Defendant Cream McCloud pays to the Department of Justice, through the United States Attorney, 900 Jefferson Avenue, Oxford, Mississippi 38655, an agreed upon minimum monthly payment each and every month until this judgment is satisfied. The amount of this payment shall be subject to review and modification not less than annually. This debt shall also be included in the Treasury Offset Program so that any federal monies owed to Defendant Cream McCloud will be credited to her outstanding debt.
IT IS SO ORDERED.