212-300-5196

Service & Results.

nyc criminal lawyers over 30 years of experienceWe Know How To Win Cases

Spodek Law Group handles tough cases
nationwide, that demand excellence.

Get Free Consultation

Faced 5+ Years in Prison

People Vs Joseph Amico

Covered by NYDaily News. Las Vegas man accused of threatening a prominent attorney and making vile remarks.

Faced 10+ Years in Prison

People Vs. Anna Sorokin

Covered by New York Times, and other outlets. Fake heiress accused of conning the city’s wealthy, and has an HBO special being made about her.

Faced 3+ Years in Prison

People Vs. Genevieve Sabourin

Accused of stalking Alec Baldwin. The case garnered nationwide attention, with USAToday, NYPost, and other media outlets following it closely.

Faced Potential Charges

Ghislaine Maxwell Juror

Juror who prompted calls for new Ghislaine Maxwell trial turns to lawyer who defended Anna Sorokin.

Why Choose Us

Clients can use our portal to track the status of their case, stay in touch with us, upload documents, and more.

Regardless of the type of situation you're facing, our attorneys are here to help you get quality representation.

We can setup consultations in person, over Zoom, or over the phone to help you. Bottom line, we're here to help you win your case.

Spodek
Law in the Media

View All

Meet Todd Spodek

WE PROVIDE WHITE GLOVE SERVICE TO CLIENTS
WHO WANT MORE FROM THEIR ATTORNEY

The Spodek Law Group understands how delicate high-profile cases can be, and has a strong track record of getting positive outcomes. Our lawyers service a clientele that is nationwide. With offices in both LA and NYC, and cases all across the country - Spodek Law Group is a top tier law firm.

Todd Spodek is a second generation attorney with immense experience. He has many years of experience handling 100’s of tough and hard to win trials. He’s been featured on major news outlets, such as New York Post, Newsweek, Fox 5 New York, South China Morning Post, Insider.com, and many others.

In 2022, Netflix released a series about one of Todd’s clients: Anna Delvey/Anna Sorokin.

Why Clients Choose Spodek Law Group

The reason is simple: clients want white glove service, and lawyers who can win. Every single client who works with the Spodek Law Group is aware that the attorney they hire could drastically change the outcome of their case. Hiring the Spodek Law Group means you’re taking your future seriously. Our lawyers handle cases nationwide, ranging from NYC to LA. Our philosophy is fair and simple: our nyc criminal lawyers only take on clients who we know will benefit from our services.

We’re selective about the clients we work with, and only take on cases we know align with our experience – and where we can make a difference. This is different from other law firms who are not invested in your success nor care about your outcome.

If you have a legal issue, call us for a consultation.
We are available 24/7, to help you with any – and all, challenges you face.

Atlanta PPP and EIDL Loan Fraud Lawyers

By Spodek Law Group | January 26, 2023
(Last Updated On: July 28, 2023)

Last Updated on: 28th July 2023, 07:21 pm

The Paycheck Protection Program (PPP) loan fraud is a federal crime under the Small Business Act, which occurs when small businesses falsely obtain money through the CARES Act. The PPP loan was created as part of the Coronavirus Aid, Relief, and Economic Security (CARES) Act, which was signed into law on March 27, 2020. The PPP loan offered businesses up to $10 million to cover payroll, mortgages, rent, and utilities for eight weeks, and the government will forgive the debt if the money goes towards these “qualified expenses.” Only businesses affected by COVID-19 and with fewer than 500 full-time employees are eligible for CARES relief.

Cheating the Small Business Administration (SBA) out of this stimulus money is a federal felony that carries potential prison time, fines, and repayment of the loan. The sentence depends on the specific offense, such as making false statements or overvaluing securities, which can result in a felony charge of $5,000 and/or 2 years in Federal Prison.

However, there are several common defenses that people facing PPP loan fraud charges can argue, such as that the defendant had no intent to defraud or that the SBA made a mistake. In some cases, defendants are not criminally liable if they accidentally provided false information, such as in the case of an applicant who inadvertently added an extra zero to their monthly payroll amount. Additionally, business owners should keep all their records, such as email communications, voicemails, bank statements, accounting notes, receipts, and bills, as they may serve as valuable proof of the defendant’s innocence if the government levies a false accusation.

It’s worth noting that most federal criminal records are unsealable, and that non-citizens convicted of CARES Act fraud are vulnerable to deportation. Therefore, aliens facing criminal charges are encouraged to consult with legal counsel as soon as possible to get the charges dismissed or reduced to a non-deportable offense.

The Paycheck Protection Program was immensely popular, but with lenders overwhelmed by applications, little regulation in place, and many businesses left out in the cold, accusations of fraud soon followed. To date, the SBA’s Office of Inspector General has issued 11 reports detailing widespread fraud and abuse in the PPP loan program. With the vulnerabilities the PPP had, it’s important for businesses to be aware of the potential dangers and the consequences of committing fraud under the PPP program.

Atlanta PPP and EIDL Loan Fraud Lawyers

As our federal criminal defense attorneys have witnessed, federal prosecutors are relentlessly pursuing criminal charges for a plethora of conduct related to the Paycheck Protection Program. Investigations and indictments often pertain to the following types of alleged misconduct:

PPP Application Fraud

The CARES Act mandated that businesses applying for PPP loans must provide accurate and truthful information on their application. The Small Business Act, 15 U.S.C. § 632, imposed various requirements for businesses to meet in order to qualify for a loan and eventually loan forgiveness. For instance, businesses had to be of a certain size and demonstrate that they had been adversely impacted by the pandemic. The funds could only be used for specific purposes. Under the act, providing false information as part of a loan application could result in an investigation or criminal charges. The federal government is particularly interested in false information relating to:

The number of employees working for the company (companies with more than 500 employees were not eligible for PPP funds)

Accurate Employee Payroll Numbers – if a company submitted an application which overstated the number of employees or the amounts that employees would make in order to get more money, then that could result in criminal charges.

Companies that categorized a number of its employees as independent contractors to qualify as eligible applicants.

Salary and Revenue Numbers for the Company and its Employees

Using someone else’s information to apply for a loan.

Fraudulent Use of the PPP Loan Funds

The Paycheck Protection Program imposed limits on the use of the funds from the PPP loans. For example, Congress required that the loans be used for the following expenses:

To pay for interest and rent under current leases.

To pay a company’s payroll expenses.

To pay insurance premiums.

To pay for utility costs.

The funds were not supposed to be used for other purposes, and the use of the funds for other purposes would result in the funds not being eligible for loan forgiveness. Therefore, if the funds were used for personal expenses or luxury items rather than legitimate business expenses, those expenditures could attract the attention of federal prosecutors in the United States Attorney’s Office or Department of Justice.

Fraud in the Loan Forgiveness Certification Process

The PPP allowed for the complete forgiveness of many of the loans provided that certain requirements were met. Providing false information in connection with a forgiveness application, however, could lead to criminal charges. Companies that sought forgiveness of the loans had to comply with the terms of the program and prove that they were in fact eligible for forgiveness. Some companies were also required to provide supporting documentation. If a borrower submitted fraudulent or inaccurate documents, attested to statements that were not true, or provided incomplete information, those submissions could attract federal attention.

In order to obtain loan forgiveness, borrowers were required to certify that:

The loan was needed due to economic uncertainty related to the pandemic.

The funds were in fact used for the intended purposes such as retaining employees or paying rent, leases, or utility bills.

The business only received one loan (or two loans for qualifying businesses) and did not receive loans from multiple lenders,

And that the documents and information submitted is in fact accurate and truthful.

Obtaining Multiple PPP Loans From Different Lenders

Finally, the PPP allowed for up to two loans for some companies. Companies that applied for more than one loan with multiple lenders for which they were not eligible could be investigated by the government and criminally charged. As the federal government has records of who received funds under the program, any business that borrowed from more than one lender should contact a criminal defense attorney immediately.

Free Consultation

Testimonials

I was searching for a law firm with some power to help me deal with a warrant in New York . After 6 days I decided to go with Spodek Law Group. It helped that This law firm is well respected by not only the top law firms in New York , but the DA , Judge as well. I...

~Fonder Brandon

5 Stars
It was my good fortune to retain Spodek Law Group for representation for my legal needs. From the beginning, communication was prompt and thorough. Todd, Kenneth and Alex were the first people I worked with and they all made me, and my company Qumana skincare feel comfortable and confident that the team was going to work hard for me. Everything...

~A G

5 Stars
After meeting with several law firms, I chose the Spodek Law Group not only for their professionalism and experience, but for the personal attention given to me right from the initial consultation. It is important to recognize how crucial having the right legal team is when faced with potentially life altering events that impact families and the lives of loved...

~George Cherubini

Spodek Law Group

White Glove Service

We Provide Superior Service, Excellent Results, At A Level Superior To Other Criminal Defense Law Firms. Regardless Of Where Your Case Is, Nationwide, We Can Help You.
View More

Request Free Consultation

Please fill out the form below to receive a free consultation, we will respond to
your inquiry within 24-hours guaranteed.

NYC

85 Broad St 30th Floor, New York, NY 10004

212-300-5196

get directions

Los Angeles

611 S Catalina St Suite 222, Los Angeles, CA 90005

212-300-5196

get directions

QUEENS

35-37 36th St, 2nd Floor Astoria, NY 11106

212-300-5196

get directions

BROOKLYN

195 Montague St., 14th Floor, Brooklyn, NY 11201

212-300-5196

get directions
Call Now!