As the threat of PPP fraud charges looms, it is crucial to understand the potential defenses available to those facing such accusations. The first and most vital step to take when facing arrest, contact from federal agents, or receiving a federal target lawyer is to seek the counsel of a seasoned federal criminal defense attorney.

It is essential to remember that the government bears the burden of proving any case beyond a reasonable doubt, and mere receipt of money deemed ineligible is not enough to secure a conviction. Instead, the prosecution must demonstrate fraudulent or criminal intent – meaning that the accused intentionally made false statements in connection with a pandemic assistance loan, rather than an honest error.

One potential defense is the sufficiency of the evidence. The prosecution must prove a number of elements to secure a conviction, and if they are unable to prove the defendant’s guilt beyond a reasonable doubt, the charges may be dropped. For instance, in fraud cases, the prosecution must prove that the defendant acted with criminal intent and not just made a mistake. Additionally, the government must prove that it was the defendant who committed the alleged fraud, and if someone else could have used the defendant’s information, that could also be a defense.

Another defense is the credibility of the witnesses. If witnesses give inconsistent statements or say things that can be proven false, the prosecution may not be able to prove their case beyond a reasonable doubt. The valuation of the goods and services involved is also a crucial factor in determining whether federal prosecutors decide to bring charges and the potential consequences for a conviction. The larger the loss, the more interested prosecutors will be, and the more potential time that you could be facing. In some cases, it may be possible to show that some or all of the money was used for legitimate purposes and the loss is not nearly as significant as the prosecution believes, which could result in a drastically reduced sentence or even acquittal at trial.

Lastly, there are a number of pre-trial motions that may be used to challenge the evidence in any given criminal case. The merits of bringing pre-trial motions like Motions to Suppress, Speedy Trial Motions, and Motions in Limine depend on the facts of the case. For example, if the agents illegally interrogate the defendant without providing Miranda Warnings and obtain a confession, it may make sense to bring a Pre-Trial Motion to Suppress the confession.

It is imperative to consult with a defense attorney prior to speaking with agents for the government. With the right defense strategy and legal representation, it is possible to combat PPP fraud charges and fight for your rights and freedom.