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Lowell BBQ restaurant, owner to pay $1.5 million over pandemic relief fund fraud allegations

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CHARLOTTE — The owner of Hillbilly’s BBQ has been accused of misusing $762,903 in pandemic relief funds and making false statements to obtain those funds.

Lowell restaurant owner Bobby Gerald Duncan has been ordered to pay the government $1,530,682.26 to resolve allegations of violating the False Claims Act.

Duncan is accused of making false claims to obtain relief funds and then misusing the funds for personal gain. He is also accused of making false claims to obtain loan forgiveness of the Paycheck Protection Program portion of the funds.

The United States Attorney said that Duncan obtained relief funds through the Economic Injury Disaster Loan and two PPP loans. Duncan then used those funds to purchase a FedEx business with a friend.

Duncan allegedly transferred $100,000 of the funds, which were only authorized for business-related expenses, out of a Hillbilly’s BBQ corporate fund and into a personal account entitled “Vacation Account,” the U.S. Attorney said.

He then added a longtime friend as an account holder in hopes of artificially boosting the friend’s credit score for a Small Business Administration loan to open the business, according to the U.S. Department of Justice.

The U.S. Attorney said this ultimately failed, and Duncan instead used relief funds alongside to checks from the Hillbilly’s BBQ business account to purchase the FedEx business for $750,000.

Officials said the settlement was based on allegations only, and there have been no determinations of liability.


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