Last Updated on: 17th October 2023, 10:57 pm

Maine PPP and EIDL Loan Fraud Lawyers

The Paycheck Protection Program (PPP) and Economic Injury Disaster Loan (EIDL) program was created to help small businesses during the COVID-19 pandemic. Unfortunatley, some business owners have abused these programs and commited fraud to get loans they weren’t entittled to. If you’re being investigated for PPP or EIDL fraud in Maine, you need an experienced lawyer on your side.

This article will explain the common charges for PPP and EIDL fraud, possible defenses, and how a knowledgeable lawyer can help. I’ll also discuss the pros and cons of fighting the charges versus accepting a plea deal.

PPP and EIDL Fraud Charges

Some of the most common PPP and EIDL fraud charges include:

• Wire fraud
• Bank fraud
• Making false statements
• Aggravated identity theft
• Money laundering

These charges can lead to serious punishments like hefty fines, asset forfeiture, and years in prison. The penalties get even worse if your loan amount was over $150,000.

Possible Defenses for PPP and EIDL Fraud

There are severel legal defenses that could get your charges reduced or dismissed. Here are some examples:

• Lack of intent – The prosecution must prove you knowingly commited fraud. If errors were accidental, that helps fight intent.
• Duress – You felt pressured or coerced into commiting fraud.
• No gain – You didn’t actually benefit from the loan proceeds.
• Loan forgiveness – PPP loans under $150,000 are eligible for forgiveness. That means you don’t have to pay it back.

An attorney can review the facts of your case and decide if any of these defenses apply. They may also find other technicalities that could get charges dismissed.

Should You Accept a Plea Deal?

Many PPP and EIDL fraud cases end in plea bargains. This means you plead guilty in exchange for reduced charges or a lighter sentence. But is accepting a deal smart?

Here are some pros of taking a plea bargain:

• Avoid trial and guaranteed conviction
• Get lesser charges like misdemeanors
• Receive a shorter prison sentence
• Prevent asset forfeiture

However, there are also cons to weigh:

• Plead guilty even if innocent
• Have a permanent criminal record
• Get fines and possible jail time
• Lose certain rights and privileges

An experianced lawyer can walk you through the plea deal being offered, negotiate for better terms, and advise if its your best option or going to trial is better.

Why Hire a Maine PPP Fraud Lawyer?

Navigating PPP or EIDL fraud charges is scary without legal guidance. A knowledgeable lawyer can provide many benefits like:

• Review evidence and pinpoint flaws
• Negotiate with prosecutors for better plea deals
• Develop an effective legal strategy based on defenses
• Represent you in court if a trial is needed
• Guide you through the legal process and protect your rights

Hiring an attorney experienced specifically in financial fraud crimes is crucial. They understand how prosecutors build these cases and the intricacies of the PPP and EIDL programs.

Choosing the Right Maine PPP Fraud Lawyer

Not every lawyer has the skills to take on federal loan fraud cases. When researching attorneys, look for these traits:

• Extensive experience defending white collar crimes like wire fraud, bank fraud, etc.
• In-depth knowledge of the PPP and EIDL programs and regulations
• Familiarity with federal prosecutors and their tactics
• Ability to build compelling legal arguments regarding intent, duress, and more
• Skill negotiating plea deals and arguing before judges
• Resources to thoroughly investigate your case

Also consider logistics – choose a local lawyer with flexibility to meet when needed. Most offer free consultations, so interview a few before deciding.

What a Maine PPP Fraud Lawyer Can Do for You

If you’re charged with PPP, EIDL, or other COVID relief fraud, a skilled lawyer can be your lifeline. Specifically, they can:

• Act swiftly to protect you from making incriminating statements
• Put together a defense team including forensic accountants
• Order document preservation to prevent spoliation
• File motions contesting improper government conduct
• Seek fast dismissal of deficient charges
• Work to exclude prejudicial evidence from trial
• Negotiate with prosecutors for pretrial diversion programs

In addition, a knowledgeable lawyer will keep you informed and explain developments in simple terms. They know how to humanize clients and tell your story in the best light. Having an experienced attorney in your corner can make all the difference during a loan fraud investigation and prosecution.

The Bottom Line

Dealing with PPP or EIDL fraud charges is frightening. But with an experienced Maine financial fraud lawyer guiding you, it’s possible to get charges reduced or even dismissed. Be sure to choose a lawyer with specific expertise in these types of cases. They can analyze the prosecution’s evidence, develop effective defenses, negotiate plea deals, and represent your best interests every step of the way.

References

Defense strategies in COVID-19 relief fraud cases: https://www.natlawreview.com/article/defense-strategies-covid-19-relief-fraud-cases

PPP loan fraud charges, penalties, and defenses: https://www.findlaw.com/consumer/consumer-transactions/ppp-loan-fraud-charges-penalties-and-defenses.html

EIDL and PPP loan fraud investigations: https://www.oberheiden.com/ppp-fraud/

Maine man charged with PPP loan fraud: https://www.justice.gov/usao-me/pr/lewiston-man-charged-fraudulently-obtaining-paycheck-protection-program-loan