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Federal Ppp Loan Fraud

November 26, 2025

Federal PPP Loan Fraud: COVID-19 Relief Fraud Defense

The Paycheck Protection Program seemed like a lifeline during COVID-19. Now its become a prosecution target. Federal prosecutors have charged thousands with PPP fraud, and the investigations continue years later. If your facing PPP fraud allegations, you need to understand that these cases carry 20-30 years in federal prison when charged as bank fraud, wire fraud, and money laundering. The government is not treating pandemic relief fraud lightly.

How PPP Fraud Becomes Federal Crime

PPP loans went through banks—federally insured banks. That means false PPP applications trigger:

Bank fraud (18 USC 1344) – Up to 30 years
Wire fraud (18 USC 1343) – Up to 20 years
False statements (18 USC 1014) – Up to 30 years
Money laundering (18 USC 1956) – Up to 20 years
CARES Act violations – Additional exposure

Many defendants are shocked that their “PPP case” carries more prison time than drug trafficking.

Common PPP Fraud Schemes

Inflated payroll – Overstating employee counts or wages
Non-existent businesses – Applications for fake companies
Multiple applications – Applying through several lenders
Misuse of proceeds – Using PPP funds for non-payroll expenses
False documentation – Fake tax returns, payroll records
Identity theft applications – Using others’ information

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What Prosecutors Are Looking For

Red flags that trigger investigation:

Business created shortly before application. No employees in payroll databases. Proceeds immediately moved to personal accounts. Luxury purchases after funding. Multiple applications with same EIN. Inconsistencies between application and tax records.

Defense Strategies

Good Faith Reliance

PPP rules were confusing and changed constantly. If you relied on accountant, attorney, or lender guidance—even if that guidance was wrong—thats a defense.

No False Statement

Prosecutors must prove statements were actually false. If your employee count was accurate based on how you understood the rules, there may be no falsity.

No Intent to Defraud

Many PPP “fraud” cases involve misunderstanding of complex, rapidly-changing rules. Mistake isnt fraud. Intent matters.

Legitimate Business Use

If funds were used for legitimate business purposes (even if not strictly PPP-compliant), this can mitigate both liability and sentencing.

Act Now

PPP fraud investigations are ongoing. If you’ve received any inquiry—subpoena, agent contact, audit notice—you need defense counsel immediately. And if you think there might be a problem with your PPP application, proactive consultation may help before investigators come calling. Contact a federal criminal defense attorney today.

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Todd Spodek

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RALPH P. FRANCO, JR

Associate

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JEREMY FEIGENBAUM

Associate Attorney

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ELIZABETH GARVEY

Associate

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CLAIRE BANKS

Associate

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RAJESH BARUA

Of-Counsel

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CHAD LEWIN

Of-Counsel

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