West Virginia PPP Loan Fraud Lawyers

West Virginia PPP Loan Fraud Lawyers: Federal Defense When the Government Comes After Your COVID Loan

You got a PPP loan during the pandemic. Maybe you stretched some numbers on the application. Maybe you used the money for things that weren’t exactly on the approved list. Or maybe you did everything right and the government is still asking questions. Either way, if federal agents have contacted you about your COVID relief loan, you need to understand what you’re actually facing in West Virginia federal court.

Here’s what nobody else will tell you: the Department of Justice is still prosecuting these cases aggressively in 2025. Both the Southern District in Charleston and the Northern District in Wheeling have active investigations. U.S. Attorney Will Thompson recently warned that “the consequences for such conduct are serious.” His counterpart in the Northern District, William Ihlenfeld, stated there will be “more criminal charges, as well as civil enforcement actions, in the months ahead.”

This article will walk you through exactly what charges you could face, what real West Virginia defendants have received as sentences, and what defense strategies actually work in federal court. Not theoretical maximums designed to scare you. Real outcomes from real cases prosecuted right here in West Virginia.

What Federal Charges Can You Face for PPP Fraud in West Virginia?

OK so heres the thing about PPP loan fraud charges. The CARES Act itself dosn’t have criminal penalties. The government charges you under existing federal fraud statutes that have been around for decades. And there probly looking at multiple charges, not just one.

The most common charge is wire fraud under 18 USC 1343. Because you submitted your application electronically, you used interstate wires. Thats enough for wire fraud. The maximum penalty is 20 years in prison, but it jumps to 30 years if the fraud affected a financial institution. Since PPP loans went through banks, prosecutors gonna argue for the 30-year maximum.

Bank fraud under 18 USC 1344 is another big one. Your facing up to 30 years and a $1 million fine. The government uses this when you lied to the bank that processed your loan application. And look, every PPP application went through a bank, so there always gonna have this option.

False statements to the SBA under 18 USC 1014 carries the same 30-year maximum. If you said something false on your application about payroll, employees, or how you’d use the funds, this charge is probly on the table.

Then theres conspiracy charges under 18 USC 371. If you worked with anyone else on the application, if someone helped you prepare false documents, if a loan preparer submitted inflated numbers, your all looking at conspiracy charges. Thats 5 years per count on top of everything else.

And if you used someone else’s identity or fake business names? Aggravated identity theft under 18 USC 1028A adds a mandatory 2 years that runs consecutive to any other sentence. You cant get around it with good behavior or cooperation. Its automatic.

What West Virginia PPP Fraud Sentences Actually Look Like

Heres were we get into what competitors wont tell you. Forget the 30-year maximums for a second. What are judges in West Virginia actualy handing down?

Mark William Bailey from Beckley stole $451,237 from PPP and EIDL programs. He used the money to pay his personal mortgage and buy a garage and vehicle. His sentence in October 2024? Five years probation with one year of home detention. No prison time. But heres the catch that alot of people miss: he paid $451,237 in restitution PLUS another $451,237 as a civil penalty under the False Claims Act. Thats $902,475 total for a $451K fraud.

Ryan Keith Bailey from Beaver got a different outcome. He took $2.1 million in PPP and EIDL loans and transferred almost all of it to personal accounts and cryptocurrency. He got 14 months in federal prison plus 3 years supervised release. His brother and cousin also faced charges in related schemes. When your family members start getting indicted, that should tell you how serious the feds are about these cases.

William Powell and Jasmine Spencer from the Charleston area each took $15,625 from fraudulent applications were they claimed to be hair stylists with $75,000 in gross income. They never had that income. There facing sentencing in July 2025 with a maximum of 30 years and $1 million fines hanging over there heads.

Sean Patrick Boyd Jr. from Dunbar created a completley fictitious business called “Sean Boyd” that wasnt even registered in West Virginia. His fraud was only $20,832 but hes looking at up to 10 years and owes $23,817 in restitution.

The pattern is clear: cooperation and repayment before charges can mean probation, while fighting the case or showing no remorse leads to prison time.

Can You Still Be Prosecuted for a 2020 PPP Loan in 2025?

Alot of people think they got away with it because years have passed. There wrong. The statute of limitations for PPP fraud is longer than most people realize.

For false statements to the SBA under 18 USC 1014, prosecutors have 5 years from the date of the false statement. If you submitted your application in April 2020, the deadline would normaly be April 2025. But theres a catch.

For wire fraud and bank fraud, the statute of limitations is 10 years when the fraud affects a financial institution. Since every PPP loan went through a bank, prosecutors can use this extended timeline. That means applications from 2020 can still be prosecuted through 2030.

And heres something else people miss: the clock starts when you made the last false statement, not when you got the loan. If you submitted a forgivness application with false information in 2021, the clock starts then. If you modified your EIDL loan in 2022 with false statements like Mark Bailey did, the 2022 date controls.

Ryan Bailey got his loan forgiveness approved based on certifications he knew were false. That forgivness application reset the clock. Every time you interact with the SBA using false information, your extending your exposure window.

The DOJ has made clear that pandemic fraud prosecutions are a priority through at least 2030. There not slowing down. If anything, sentences are getting harsher as judges lose patience with these cases.

Northern District vs Southern District: Where Your Case Goes Matters

West Virginia has two federal judicial districts and wheather your case goes to Charleston or Wheeling actualy matters for your defense strategy.

The Southern District of West Virginia covers Charleston, Beckley, Huntington, and Bluefield. This is were most of the PPP fraud prosecutions have happened so far. U.S. Attorney Will Thompson’s office has been aggresive about pursuing these cases and publicizing the outcomes. Chief Judge Frank Volk has handled several of the sentencings.

The Northern District covers Wheeling, Clarksburg, Elkins, and Martinsburg. U.S. Attorney William Ihlenfeld has been clear that his office is “continuing to investigate COVID fraud” and promises more charges coming. There seeing more cases involving out-of-state defendants who recruited West Virginia residents into fraud schemes.

If your in Kanawha County, Raleigh County, or anywhere in the southern part of the state, your going to Charleston. If your in Harrison County, Monongalia County, or the panhandle area, your case goes to the Northern District. The county were the fraud occured determines jurisdiction, not were you live now.

How Federal Prosecutors Actually Build PPP Fraud Cases

Understanding how they catch people helps you understand your own situation. Heres what investigators look for:

First, they compare your PPP application to your tax returns. If you claimed $400,000 in payroll on the PPP application but your Schedule C shows $50,000 in income, thats a problem. The SBA and IRS share data now. Discrepencies get flagged automaticly.

Second, bank records dont lie. They trace were the money went after you recieved it. Did it go to payroll? Rent? Utilities? Or did it go to your personal accounts, car dealerships, and cryptocurrency platforms? Ryan Bailey’s transfers to crypto were especially easy to track because blockchain transactions are permanant.

Third, they look at wheather your business actualy existed. Sean Boyd got caught because “Sean Boyd” wasnt a registered business entity in West Virginia. If you listed employees who never worked for you, investigators will interview them. If you claimed business addresses that were vacant lots, someone will check.

Fourth, loan preparers talk. Several West Virginia cases involved rings were one person submitted multiple fraudulent applications for others. When that person gets caught, they often cooperate against everyone else in the scheme to reduce there own sentence. Kisha Sutton’s cooperation led to charges against Powell, Spencer, Wright, and others in the Charleston conspiracy.

Never assume the government doesn’t know what you did. They probably have more evidence than you think.

Defense Strategies That Actually Work

OK so your facing an investigation or charges. What can actualy help you?

The biggest defense is lack of intent. The government has to prove you KNEW your statements were false and you INTENDED to defraud. If you genuinley believed your payroll numbers were accurate, if you relied on records your accountant gave you, if you followed what you thought the rules were, thats a defense. The PPP program was confusing. Rules changed constantly. Alot of people made honest mistakes.

Good faith reliance on professionals is related. If your CPA prepared the application, if a loan officer told you what to put down, if you followed advice from someone you reasonably trusted, the government has to show you knew there advice was wrong. Courts have recognized that the chaos of the pandemic led to genuine confusion.

Voluntary repayment before charges shows good faith. Mark Bailey paid back everything plus civil penalties before sentencing and got probation. If your under investigation but not charged yet, returning the money can significantly affect wheather prosecutors even bring charges. Its not a guarentee, but its the strongest mitigating factor.

Challenging the loss calculation matters enormously for sentencing. Federal guidelines use “intended loss” not just actual loss. If you applied for $100,000 but only got $50,000, prosecutors might argue for sentencing based on the full $100,000. A good defense lawyer fights this because every dollar affects your guideline range.

Disputing the “sophisticated means” enhancement can drop your sentence by 2 levels. Prosecutors love to claim any PPP fraud involved sophisticated means because it used fake documents. But if you just inflated numbers on a straightforward application, thats different from creating shell companies and forged tax returns.

The Civil Penalty Trap Nobody Warns You About

Heres something that catches alot of defendants off guard. Criminal restitution isnt the only financial hit your gonna take.

The Federal False Claims Act lets the government pursue civil penalties on top of criminal charges. Mark Bailey had to pay $451,237 in criminal restitution AND another $451,237 in civil penalties. Thats basicly double the fraud amount.

Under the False Claims Act, the government can seek treble damages, which means three times the amount of the fraudulent claim. Plus per-claim penalties that currently run over $11,000 each. If you submitted multiple applications or made multiple false statements, those penalties add up fast.

Civil cases have a lower burden of proof than criminal cases. Even if you beat the criminal charges or get a favorable plea deal, the government can still come after you civilly. And civil judgements cant be discharged in bankruptcy the same way other debts can.

This is why early negotiation with experienced federal lawyers matters. You want to resolve both criminal and civil exposure in a global settlement if possible, not fight two seperate battles.

What to Do If Federal Agents Contact You

Do not talk to federal agents without an attorney present. Full stop.

FBI agents, SBA investigators, Secret Service, whoever shows up, your not required to speak with them. You have a Fifth Amendment right to remain silent. Use it. Be polite, take there card, say you need to speak with a lawyer first, and close the door.

Heres why this matters: anything you say can and will be used against you. Agents are trained to make conversations seem casual. They might say there “just trying to clear things up” or “help you get ahead of this.” There not there to help you. There building a case.

Even if you think you can explain everything, your probly wrong. You dont know what evidence they already have. You dont know what questions are traps. You dont know wheather they’ve already talked to your loan preparer, your accountant, or other people who submitted applications through the same channel.

If you recieve a grand jury subpoena for documents, you generaly have to comply. But you still dont have to testify without immunity. A federal criminal defense lawyer can negotiate the terms of your cooperation, potentially getting you a proffer agreement or immunity before you say anything incriminating.

If your served with a target letter, thats the government telling you that your the focus of the investigation and an indictment is likely. This is emergency territory. You need a lawyer immediatly, not next week.

Three Mistakes That Destroy PPP Fraud Cases

Based on what weve seen in West Virginia prosecutions, these are the mistakes that turn managable situations into disasters:

Mistake #1: Talking to agents without a lawyer. Sean Boyd talked. Ryan Bailey talked. The government used there own words against them. You think your explaining, but your confessing. Every word gets written down, often in ways that sound worse than what you actualy said. The agents arent required to record interviews. There notes become the official record. And there notes always favor the prosecution.

Mistake #2: Destroying evidence after you know theres an investigation. If the FBI comes knocking and then you delete emails, shred documents, or wipe your computer, you just added obstruction of justice charges. Thats a 2-level enhancement under the sentencing guidelines. It also destroys any credibility you had with the judge. You might have gotten probation, but obstruction almost guarantees prison time.

Mistake #3: Waiting too long to hire a federal lawyer. The earlier you get legal help, the more options you have. Before charges, a good lawyer might convince prosecutors not to indict. After indictment but before trial, there are plea negotiation opportunities. But if you wait until trial is imminent, your options shrink dramaticly. Mark Bailey got probation partly because he had experienced counsel who negotiated a global resolution of criminal and civil liability before sentencing. That kind of deal takes time to put together.

We’ve seen people try to handle federal investigations themselves, thinking they can talk there way out of it. It almost never works. The feds dont show up unless they already have substantial evidence. Your job isnt to convince them your innocent. Your job is to protect your rights while your lawyer figures out the best path forward.

Why You Need a Federal Criminal Defense Lawyer, Not a State Attorney

PPP fraud is federal. Period. The loans came from the Small Business Administration, a federal agency. The money was backed by federal funds under the CARES Act. Prosecutions happen in federal court under federal rules with federal judges.

State criminal defense attorneys, even good ones, might not know federal sentencing guidelines, federal discovery rules, or how to negotiate with Assistant U.S. Attorneys. Federal court moves differently. The procedures are different. The stakes are higher because federal conviction rates exceed 90%.

You need someone who knows the judges in the Southern and Northern Districts of West Virginia. Who has relationships with the prosecutors in those offices. Who understands how to present mitigation at federal sentencing, how to argue for departures from the guidelines, and how to structure cooperation agreements that actually reduce your exposure.

The federal sentencing guidelines are complicated. Your sentence depends on the loss amount, your criminal history, wheather you had a leadership role, wheather the offense involved sophisticated means, and dozens of other factors. Each factor can add or subtract levels from your offense score. The difference between 2 levels can be years of prison time. You need someone who understands this math and knows how to argue for the lowest possible guideline range.

Cooperation is another area were experiance matters. Should you cooperate with the government? Maybe. It depends on what you know, who else is involved, and wheather the prosecutors value what you can offer. A good federal lawyer knows how to structure a proffer session so you get credit for cooperation without giving away information that hurts you. A bad lawyer lets you walk into a proffer blind and say things that make your situation worse.

Look, if your facing PPP fraud allegations in West Virginia, your facing potential prison time, hundreds of thousands in restitution and civil penalties, a felony record that follows you forever, and the destruction of whatever business you were trying to save with that loan in the first place. This isnt the time to cut corners on representation.

Contact a federal criminal defense lawyer who handles white collar cases in West Virginia. Ask about there experiance with PPP fraud specifically. Ask how many cases theyve handled in the Southern or Northern District. Ask what outcomes theyve achieved for clients in similar situations.

The government is still prosecuting these cases. U.S. Attorney Ihlenfeld said more charges are coming. U.S. Attorney Thompson said the consequences are serious. If you think your under investigation, if agents have contacted you, if your loan got flagged, the time to act is now. Not after the indictment drops.