Criminal Defense Lawyers

How Much Does a PPP Fraud Defense Attorney Cost?

Last Updated on: 17th November 2025, 12:47 am

This is Spodek Law Group. Todd Spodek, our founding attorney and second-generation criminal defender, built this firm on fifty years of family legal tradition. Today’s article answers the question everyone facing PPP fraud charges wants to know: What will it actually cost to defend yourself? If you received a target letter, got arrested, or are under investigation by the SBA Office of Inspector General, understanding legal costs isnt optional—its critical to making informed decisions about your future.

The Direct Answer: What You’ll Actually Pay

Let me be clear about PPP fraud defense costs because most attorneys won’t tell you straight. Retainer fees for simple PPP cases under $20,000 run $15,000 to $35,000. Standard cases involving $20,000 to $100,000 loans cost $35,000 to $75,000. Complex cases with $100,000 to $500,000 loans require $75,000 to $150,000 retainers. Major PPP fraud over $500,000 or conspiracy cases start at $150,000 and can exceed $350,000. Experienced federal defense attorneys? Hourly rates start around $350, go up to $550. Top-tier federal defenders in major cities are charging $550 to $750 these days. Partner-level attorneys with decades of experience—your talking $600 to $850 per hour, sometimes more. Total case costs from start to finish depend on whether you plead or go to trial. Plea negotiations typically cost $25,000 to $75,000. Trial defense runs $100,000 to $250,000. Appeals after conviction add another $30,000 to $100,000. These numbers shock most people. Your probably thinking, “I cant afford that.” But heres what you need to understand—you definitely can’t afford NOT having proper representation.

Why PPP Fraud Cases Cost MORE Than Regular Federal Fraud

PPP cases aren’t typical federal fraud. Their more complex, more document-intensive, and require specialized knowledge that most criminal defense attorneys dont have.

Document Volume Is Massive

The government has everything. Your complete PPP application with every document you submitted. Your bank records for 3-5 years with every transaction analyzed. Your tax returns going back years. Payroll records from state databases. IRS transcripts and verification documents. Email and text messages if they served warrants. Witness statements from your accountant, employees, and banker. Reviewing this evidence takes dozens of hours. At $400-$600 per hour, document review alone costs $10,000-$25,000 in most cases. Actually wait, let me correct that—in complex cases with multiple loans or co-defendants, document review can exceed $50,000.

Expert Witnesses Are Usually Required

PPP cases almost always need experts. Forensic accountants? Your looking at five to fifteen thousand usually. Economic loss experts can run anywhere from $7,500 up to twenty grand. SBA lending experts are expensive—ten thousand on the low end, potentially $25,000. Tax experts typically cost about $5,000, though I’ve seen bills hit $12,000. Add it all up and your talking $27,500 to $72,000 just for experts. Competitors dont tell you this. They quote you a retainer, then three months later they’re asking for another $40,000 for expert fees.

SBA Regulations Are Specialized

The Paycheck Protection Program has its own regulations, separate from general federal fraud law. Your attorney needs to understand SBA Form 2483 requirements, SBA Form 3508 forgiveness rules, Interim Final Rules that changed monthly, safe harbor provisions most attorneys dont know exist, and affiliation rules under 13 CFR § 121.301. Attorneys who dont specialize in PPP cases charge you while they learn. You’re paying for their education.

The Real Cost Breakdown: Where Your Money Goes

Investigation Phase ($10,000 – $30,000)

Before charges are even filed, an experienced attorney will submit FOIA requests to get your complete SBA file, make proactive contact with SBA OIG, review your loan application and supporting documents, interview witnesses like your accountant and employees, research recent PPP cases and defenses, and develop strategy for civil versus criminal resolution. This phase is critical. We’ve saved clients from indictment by acting during investigation. The cost? Usually $15,000-$25,000. But it prevents $100,000+ trial costs and years in federal prison.

Pre-Indictment Negotiation ($15,000 – $45,000)

If your case can be resolved before indictment, your attorney will prepare for meetings with prosecutors which takes 10-15 hours, conduct proffer sessions if appropriate, negotiate civil settlements with SBA, arrange restitution agreements, and draft declination letters requesting no prosecution. Pre-indictment work is the best investment you can make. Costs less, results better. But it requires an attorney who knows PPP cases and has relationships with DOJ Fraud Section prosecutors.

Post-Indictment Defense ($40,000 – $120,000+)

Once you’re indicted, costs increase dramatically. Government document review alone can take 20-40 hours—at typical rates, that’s $8,000 to $24,000 just reviewing what they have against you. Client interview sessions add another 10-15 hours, maybe $4,000 to $9,000. Defense investigation? Budget five to fifteen thousand. Motion practice adds significant costs. Want to file a motion to dismiss? That’ll run you $7,500 to $15,000. Suppression motions typically cost about $5,000, could hit $12,000 if complex. Brady and Giglio motions add another three to seven thousand. If you’re heading toward a plea deal, expect costs for sentencing mitigation reports—$8,000 to $15,000. Cooperation negotiations with the government can run ten to twenty-five thousand depending on complexity. Drafting the actual plea agreement adds $5,000 to $10,000.

Trial Costs ($80,000 – $200,000+)

If your case goes to trial, everything changes. Trial preparation includes 30-50 hours of witness preparation, 20-30 hours creating exhibits, 15-20 hours developing jury selection strategy, and 25-40 hours drafting opening and closing arguments. Mock trials cost $15,000-$30,000. Trial execution for a 5-10 day trial means your lead attorney charging $750 per hour for 80-120 hours totaling $60,000-$90,000. A second chair attorney at $400 per hour for 60-80 hours adds $24,000-$32,000. Paralegal support at $150 per hour for 40 hours costs $6,000. Additional trial costs include expert witness testimony at $5,000-$15,000 per expert, trial transcripts running $3,000-$8,000, exhibit costs of $2,000-$5,000, and jury consultants charging $10,000-$25,000. Total trial cost easily reaches $150,000-$250,000 for a complex PPP fraud case.

Hidden Costs Nobody Tells You About

Appeals after conviction? Your looking at thirty to a hundred thousand dollars total. The notice of appeal and initial brief—that’s the heavy lifting—runs about $15,000 to $30,000. Reply brief adds another ten to twenty thousand. Preparing for oral argument costs $5,000 to $15,000, and dont forget record preparation at $3,000 to $8,000. Appeals take 12-24 months with success rates around 7-10 percent. But when your facing 10 years in prison, 7% is better than zero. If your appeal fails, post-conviction relief is still possible. A 28 USC § 2255 motion typically costs twenty to forty thousand. Compassionate release motions run about $8,000 to $15,000. Sentence reduction motions? Budget ten to twenty-five thousand. Forensic accountant fees add up fast. Initial case review costs $3,000-$7,000. Detailed financial analysis runs $10,000-$25,000. Expert report preparation adds $5,000-$12,000. Deposition testimony costs $2,500-$5,000. Trial testimony runs $5,000-$15,000. We had a case where the forensic accountant fees exceeded $45,000. But he proved the government’s loss calculation was wrong—instead of $750,000 in losses, actual loss was $180,000. That difference meant 4 fewer years in prison under sentencing guidelines. Your attorney needs investigators to interview witnesses the government hasn’t found yet, locate documents that support your defense, conduct background checks on government witnesses, and perform scene investigation if necessary. Investigation costs run $125-$200 per hour, typically totaling $5,000-$15,000. Travel and administrative costs add up when your case is in federal court far from your attorney. Attorney travel for flights, hotels, and meals. Expert witness travel multiplying those costs. Transcript fees at $4-$6 per page. Filing fees of $100-$500 per motion. Service of process at $50-$150 per witness. These costs add up to $8,000-$20,000 in many cases.

Cost vs Prison Time: The Real Calculation

Heres what most people dont understand. The question isn’t “Can I afford a $50,000 attorney?” The question is: “Can I afford NOT to hire the best representation?” Consider a $20,000 PPP loan case. A budget attorney charging $10,000 retainer pleads you guilty immediately with minimal sentencing argument resulting in 18 months prison plus $25,000 restitution. An experienced attorney charging $35,000 negotiates pre-trial diversion and argues for probation resulting in no prison plus $20,000 restitution plus probation. Cost difference is $25,000. Outcome difference is 18 months of your life. Value per month of freedom is $1,389. Your freedom is worth more than $1,389 per month. Way more. For a $250,000 PPP loan case, a mid-tier attorney charging $50,000 gets you a standard plea deal with basic sentencing mitigation resulting in 48 months prison plus $250,000 restitution. A top-tier attorney charging $125,000 conducts aggressive pre-indictment negotiation, hires expert witnesses on intent, challenges government’s loss calculation, and achieves 18 months prison plus $180,000 restitution. Cost difference is $75,000. Prison time saved is 30 months. Restitution saved is $70,000. Total savings of 30 months of freedom plus $70,000 equals priceless.

Payment Options: The Reality

Federal criminal defense attorneys require retainers because cases take months or years, work must be done immediately, you cant “repo” legal work if clients dont pay, and ethical rules prevent representing you without payment. Typical retainer structure divides into phases. Phase 1 covers investigation and pre-indictment work for $15,000-$25,000. Phase 2 handles post-indictment through plea for $25,000-$50,000. Phase 3 addresses trial preparation for $40,000-$100,000. Most federal defense attorneys don’t offer payment plans. Work is front-loaded with most hours in the first 60 days. Attorneys cant stop mid-case if you stop paying. Ethical obligations continue even if unpaid. Collections are difficult during criminal prosecution. Some attorneys accept credit cards with 3-5% surcharge, legal finance loans at 12-18% APR, family loans where attorney gets paid upfront and you owe family, and asset liquidation from selling property or investments. If you run out of money mid-case, your attorney files a motion to withdraw which courts usually grant. You’re left finding new attorney mid-case. New attorney charges MORE because case is half-done. Loss of continuity damages your defense. Court rarely delays trial for your financial problems. Better approach: Be realistic about total costs upfront. If you cant afford trial, focus money on best possible plea negotiation.

The Question NOBODY Answers: Can You Use PPP Funds to Pay Your Defense Attorney?

This is the elephant in the room. You got $100,000 in PPP money. Can you use it to pay your lawyer? Technically, no. PPP funds were designated for payroll costs at 60% minimum, mortgage interest, rent, utilities, and covered operations expenditures. Legal defense fees aren’t on that list. If you used PPP funds for unauthorized purposes—including paying your defense attorney—you’re adding evidence to the government’s case that you misused funds. Prosecutors will argue: “He knew the loan was fraudulent. That’s why he immediately used it to hire a criminal defense attorney.” This becomes consciousness of guilt evidence. Terrible for your case. What you should do instead is use personal savings, borrow from family with documentation as a loan, sell assets purchased before the PPP loan, use credit even at high interest, or liquidate retirement accounts with penalties if necessary. Do NOT create additional evidence of misuse by paying your attorney with PPP funds.

Loan Amount Thresholds: When to Fight vs When to Plead

For loans under $20,000, most cases should plead quickly. Sentencing guidelines typically result in probation. Trial costs exceeding $100,000 exceed the loan amount by five times. Risk versus reward doesn’t favor trial. Strategy should focus on hiring attorney for best possible plea deal, not trial. Budget $15,000-$25,000. For $20,000 to $100,000 loans, the decision depends heavily on evidence strength. Fight if you have documentation supporting legitimate use, calculation errors in government’s case, or lack of intent evidence. Plead if you knowingly submitted false information, have multiple false statements on application, or used funds for clearly personal expenses. Budget $35,000-$75,000 for strong defense. For $100,000 to $500,000 loans, prison time is almost certain so fight to reduce it. Challenge loss amount calculations, argue for cooperation credit, demonstrate lack of sophisticated means, and emphasize COVID desperation versus greed. Budget $75,000-$150,000. Potential outcome is difference between 2 years and 7 years prison. For $500,000+ or multi-defendant conspiracy cases, your facing significant prison time regardless. Goal is minimize time, protect co-defendants, and preserve assets. Strategy includes cooperation with government if viable, challenging conspiracy liability, separating your conduct from others, and hiring expert witnesses on every element. Budget $150,000-$350,000+. When facing 10-20 years, absolutely worth it.

Geography Matters: Location-Based Cost Differences

In New York City, top attorneys charge $600-$850 per hour with mid-tier at $400-$600 per hour and retainers running $50,000-$150,000. Los Angeles and San Francisco top attorneys charge $550-$750 per hour with mid-tier at $375-$550 per hour and retainers of $40,000-$125,000. Chicago, Miami, and DC top attorneys charge $500-$700 per hour with mid-tier at $350-$500 per hour and retainers of $35,000-$100,000. Secondary markets like Phoenix, Denver, and Seattle have top attorneys at $400-$600 per hour with mid-tier at $275-$400 per hour and retainers of $25,000-$75,000. Rural and smaller cities have top attorneys at $300-$450 per hour with mid-tier at $200-$300 per hour and retainers of $15,000-$50,000. But heres the catch. PPP cases are federal crimes prosecuted in specific districts. Your case might be in Southern District of New York, Central District of California, or Northern District of Illinois. You need an attorney licensed in that district who knows those prosecutors and judges. Sometimes hiring the rural attorney saves money upfront but costs you years in prison because they dont know the local federal court.

When Cheap Becomes Expensive: Real Examples

We had a client with an $85,000 PPP loan and clear misuse of funds. His first attorney was a budget choice with $10,000 retainer who did minimal investigation, pled guilty at arraignment, wrote a basic sentencing memo, and got him 36 months prison. What we would have done for $50,000 was challenge government’s loss calculation because $85,000 was wrong, document legitimate business expenses showing $32,000 was proper, prove actual loss was $53,000 instead of $85,000, achieve different guideline range, and likely get 18-24 months. His “savings” was $40,000 in attorney fees. His cost was 12-18 extra months in federal prison. Value of those months is immeasurable. Another client had a $250,000 PPP loan with legitimate business but accounting errors. Attorney Option A charging $35,000 total provided standard representation with no expert witnesses and plea deal of 48 months. Attorney Option B charging $95,000 total hired forensic accountant for $18,000 and SBA lending expert for $15,000, demonstrated errors were negligent not fraudulent, and achieved deferred prosecution agreement with no prison. Cost difference was $60,000. Outcome difference was 48 months of freedom. Client’s comment was “Best $60,000 I ever spent.” We had a client under SBA investigation who wasn’t yet charged. Waiting until arrested would have cost $75,000 for post-indictment defense and resulted in 30 months prison. Hiring attorney immediately for $25,000 allowed proactive cooperation with SBA OIG, negotiated civil settlement, avoided criminal charges entirely, and resulted in $45,000 restitution with no prison and no conviction. Cost difference was $50,000 less. Outcome difference was no criminal record and no prison. Long-term value included keeping professional license, future employment, and everything.

Public Defender Reality Check

Can you get a public defender for PPP fraud? Maybe. Should you? Probably not. You must prove you’re indigent with income below poverty guidelines and unable to hire private counsel. The problem is if you got a $100,000 PPP loan, the court will ask where that money went. If you spent it, you had assets. If you still have it, you can hire an attorney. Federal public defenders are actually quite good. Often better than mid-tier private attorneys. But they handle hundreds of cases simultaneously, have limited resources for experts, can’t specialize in PPP cases specifically, and cant turn down cases to focus on yours. Public defender for PPP fraud is better than nothing, not as good as specialized private counsel. If your loan was under $20,000 and you’re truly indigent, a public defender might be fine. If your loan was $100,000+ and you’re facing years in prison, you need specialized representation.

Why Spodek Law Group: Our Pricing Philosophy

Todd Spodek built this firm on transparent pricing and maximum value. Our retainers include direct attorney access to Todd’s cell phone not a paralegal, unlimited consultations with as many calls and meetings as needed, complete investigation without skimping on case development, expert witnesses when necessary within reason, and appeals consultation assessing appeal viability. Our fee structure for pre-indictment representation runs $25,000 to $50,000 retainer with goal of avoiding charges entirely and 65% success rate. Post-indictment plea track costs $50,000 to $100,000 retainer including full investigation, plea negotiation, and sentencing with average reduction of 30-40% below guideline range. Trial defense requires $150,000 to $250,000 retainer including complete trial preparation and execution with success rate better than national average for PPP cases. We offer phased retainers paying as case progresses, accept credit card payments, work with legal financing companies, and offer family payment plans where family member guarantees payment. We’ve defended over 200 PPP cases. We know which prosecutors will negotiate, which judges are reasonable on PPP sentencing, what defenses actually work, how to challenge loss calculations, and when cooperation helps versus hurts. That institutional knowledge saves you months or years in prison. Thats worth more than any attorney fee.

The Timing Factor: How Waiting Increases Costs

Hiring pre-investigation costs $15,000-$25,000 and potentially avoids investigation entirely. Hiring during investigation costs $25,000-$50,000 with 60% chance of avoiding indictment. Hiring after indictment costs $50,000-$150,000 for damage control to minimize prison time. Hiring after conviction for appeal costs $75,000-$175,000 total with 7-10% success rate. Every stage you wait, costs double and outcomes worsen.

The Investment Decision

I understand your facing impossible choices right now. The government is investigating you, maybe theyve already filed charges. Your looking at prison time and massive fines. And now you need to come up with fifty thousand or a hundred thousand dollars for an attorney. Your thinking—how can I possibly afford this? But the real question isnt whether you can afford proper representation. The question is whether you can afford inadequate representation, because the difference between a budget attorney and an experienced federal defender isn’t just money—its years of your life. I’ve seen too many people try to save money on legal fees only to spend extra years in prison. They lose everything they worked for, destroy their families, all because they hired the cheapest attorney instead of the right attorney. Its keeping your professional license. Its being there for your children. Its having a future after this is over. Yes our fees are substantial. But their based on fifty years of combined experience, over two hundred PPP cases defended, relationships with federal prosecutors that took decades to build. Knowledge of what actually works in these cases—not theory but proven results. When your sitting across from a federal judge who’s deciding whether you spend 2 years or 7 years in prison, you want the attorney who knows that judge, knows what arguments work, knows how to present your case in the way that results in the minimum sentence possible. Not the attorney who was cheapest.

Your case. Your future. Your freedom. The cost of proper legal representation isn’t an expense—its an investment in your life. Choose wisely.