TRUSTED PPP LOAN AND BANK FRAUD ATTORNEYS
Author: J. Blake Ledbetter, Partner, Conoscienti & Ledbetter
Mr. Ledbetter specializes in civil litigation in metropolitan Atlanta, Georgia, and possesses vast experience in wrongful death lawsuits. Mr. Ledbetter was recognized as a SuperLawyers Rising Star in 2018 and 2019 in the area of Civil Litigation. Published on August 14, 2020, last updated on August 14, 2020.
Speak with experienced Bank Fraud Attorney today, for free.
SBA Fraud During the COVID-19 Pandemic
United States federal authorities are aggressively targeting people and businesses for Paycheck Protection Program (PPP) loan and bank fraud. Introduced in March 2020 in response to the financial unpredictability set off by the novel coronavirus (COVID-19) pandemic, the PPP offered hundreds of millions of dollars in federal funding to struggling businesses. Loans provided under the PPP carry a 1% interest rate with the option for forgiveness if specific conditions are satisfied.
The low-cost, and possibly free, funds provided under the PPP have proven to be appealing not just to struggling businesses, but also to larger corporations and scam artists, leading to mounting concerns of widespread fraud. As a result, several federal agencies have turned their attention toward identifying and prosecuting PPP loan fraud.
Our SBA Fraud Lawyers Can Help
Currently, the U.S. Department of Justice (DOJ), the IRS (Internal Revenue Service), the Federal Bureau of Investigation (FBI), and the U.S. Small Business Administration Office of Inspector General (SBA-OIG) are all actively investigating businesses for PPP loan fraud. These investigations can lead to a range of federal charges, and business owners, business executives, and others are facing exorbitant fines and the possibility of years of federal prison time after being accused of PPP loan fraud, bank fraud, and/or SBA fraud.
Federal loan fraud charges should not be taken lightly. If you or your business are under investigation for prospective fraud under the PPP loan, you must work with a skilled bank fraud attorney at Conoscienti & Ledbetter. Our SBA fraud lawyers have extensive experience defending business owners against federal fraud charges, and we are currently working with clients facing a range of pandemic-related legal issues.
Bank Fraud Attorney for PPP-Related Charges
Federal laws regarding bank fraud highly criminalize fraud committed against financial institutions. To convict an individual or business of bank fraud, prosecutors need to prove that the defendant had attempted or executed a ploy to obtain money, credit, or securities from a financial institution by means of false or fraudulent pretenses. Federal statute on bank fraud establishes several serious penalties, including a fine of up to $1 million and 30 years of federal prison time, for bank fraud.
A conviction for wire fraud requires evidence that the defendant utilized electronic communications to obtain money by means of false or fraudulent pretenses. Any use of e-mail, phone calls, and other internet usage fall under the umbrella of electronic communications under the federal wire fraud statute. This crime carries a fine of up to $500,000 and a federal prison sentence of up to 20 years.
Even if you haven’t specifically committed bank fraud or wire fraud, there are numerous acts in relation to PPP loans that could lead to an investigation or prosecution:
- Filing false supporting documents in your PPP loan application
- Lying to PPP auditors
- Requesting a larger PPP loan than your business is eligible for
- Using PPP funds for an unapproved purpose
- Seeking PPP loan forgiveness when ineligible
If you applied for a PPP loan and believe you may face an investigation for any of these charges, an experienced PPP fraud attorney in Decatur, GA can help you better comprehend the exact charges you could be facing based upon your specific circumstances. Contact us today to schedule a free consultation.
Speak with trusted Bank Fraud Attorney today, for free.
How a PPP Lawyer Can Help
The first possible fraud defense is what’s known as a “good-faith” defense. Fraud convictions require evidence that the defendant had an intent to commit fraud. Hence, if you received a larger PPP loan than you were qualified for due to a genuine error, you most likely would not be guilty of fraud.
Another defense particularly applicable to fraud is “materiality.” In any fraud case, the prosecution must be able to prove that the supposed fraud was “material,” meaning that the deceptive conduct would impact the decision making of a reasonable individual. Therefore, if you inflate your payroll by a few hundred dollars, that is not likely to be “material” to the overall eligibility of a PPP loan since a few hundred dollars is an extremely small portion of a PPP loan.
There are many more possible PPP loan and bank fraud defenses, but the exact ones available to you depend on the specific facts and circumstances of your situation. If you are under investigation or have been charged with pandemic-related white-collar crime offenses, an expert business lawyer in Atlanta will have the ability to recognize and apply these possible defenses.
When to Contact Our Business Fraud Lawyers
Knowing when it’s time to contact a criminal defense attorney for business fraud can be tricky, but the bottom line is this: when in doubt, it’s always best to be prepared.
If you received a PPP loan and made mistakes in the application process that you fear might subject you to prosecution, please speak to our bank lawyers. Federal cases often begin with a substantial investigation, and you may or may not be aware that you are being investigated. As your PPP loan and bank fraud attorneys, we can examine your loan materials and advise on whether you are at risk of a federal investigation. From there, we’ll take action to prepare a strong defense in your favor.
Above all, you must have a business lawyer by your side when undergoing an investigation, and it is never a good idea to speak to investigators without adequate legal representation. Even if they inform you that you are not the target of the investigation, you most likely are, and you will want to protect your rights from the very beginning. Federal fraud is a serious allegation, and you need the best possible defense strategy to stand a chance against the prosecutors. Contact the award-winning criminal defense lawyers in Atlanta at Conoscienti & Ledbetter today to get started.
Don’t delay. Schedule a risk-free Bank Fraud Attorney consultation today, for free.
315 W Ponce de Leon Ave. Suite 400 Decatur, GA 30030