Accountant alleges financial fraud against lending companies over unauthorized PPP loan


Margo Brodie, Chief Judge with the U.S. District Court for the Eastern District of New York | Administrative Office of the United States Courts | Wikipedia Commons

A lawsuit has been filed in the United States District Court for the Eastern District of New York alleging financial fraud and identity theft involving a fraudulent Paycheck Protection Program (PPP) loan. The complaint, filed on January 7, 2025, targets Benworth Capital Partners LLC, its associated entities, and other defendants.

William Kolbert, an accountant with over 40 years of experience, claims that his personal information was used without his consent to secure a PPP loan in his name. 

The lawsuit states that the loan, amounting to $18,803, was part of a larger scheme to defraud the federal government. Kolbert discovered the fraud when his Social Security benefits were garnished to repay what was falsely attributed as a delinquent debt stemming from the unauthorized loan.

The complaint details how Kolbert’s personal information was allegedly used to create a fraudulent LLC and apply for the loan without his knowledge. 

He asserts that he never applied for or received any benefit from the loan and only became aware of it when he was notified by the Social Security Administration about deductions from his benefits.

Kolbert seeks to have the fraudulent PPP loan declared null and void and demands compensatory damages and statutory relief. 

The lawsuit accuses Benworth Capital Partners LLC, its affiliates, and Oto Analytics (operating as Womply) of knowingly engaging in deceptive practices to facilitate the fraud.

The legal action also alleges that Benworth Capital Partners operated under false pretenses, moving assets between entities to avoid accountability while profiting from processing these loans. The complaint also implicates Toby Scammell, CEO of Womply, citing past allegations of unethical conduct.

Representing Kolbert is Petroff Amshen LLP. Case No. 2:25-cv-00117.

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