Criminal Defense Lawyers

Oakland PPP – SBA – EIDL Loan Fraud Lawyers

Oakland PPP – EIDL Loan Fraud Defense Lawyers

The COVID-19 pandemic brought immense hardship for many small businesses in Oakland and across the country. To provide relief, the federal government offered financial assistance through programs like the Paycheck Protection Program (PPP) and Economic Injury Disaster Loan (EIDL) program. While these programs were a lifeline for struggling companies, some business owners are now facing allegations of fraud related to obtaining these loans. If you are being investigated or charged for potential PPP or EIDL fraud in Oakland, it is critical to have an experienced defense lawyer on your side.

Overview of PPP and EIDL Programs

The PPP and EIDL programs were created in 2020 under the Coronavirus Aid, Relief, and Economic Security (CARES) Act to help businesses impacted by the pandemic. The PPP offered potentially forgivable loans to help companies retain employees and cover expenses like payroll, rent, and utilities. EIDL provided low-interest loans for working capital and normal operating costs. With billions of dollars being rapidly distributed through these new programs, fraud was unfortunately inevitable.The Department of Justice is aggressively pursuing PPP and EIDL fraud cases across the country. In Oakland and the Northern California District alone, federal prosecutors have charged multiple defendants with millions of dollars in alleged pandemic relief fraud. The penalties can be severe, including multi-year prison sentences and orders to repay all funds obtained. For business owners facing accusations, the stakes are incredibly high.

Common Allegations in PPP and EIDL Fraud Cases

There are a variety of ways prosecutors can allege fraud relating to PPP loans, EIDL loans, or both. Some common allegations include:

• Submitting false or misleading information on loan applications regarding number of employees, payroll expenses, cost of goods sold, or other figures used to calculate loan amounts.
• Using PPP funds for unauthorized purposes instead of allowable expenditures like payroll, rent, utilities, etc.
• Failing to accurately report revenue and expenses when applying for loan forgiveness.
• Applying for and receiving multiple PPP and/or EIDL loans for the same business expenses.
• Applying for loans under multiple business names or on behalf of defunct, non-operational, or sham businesses.
• Colluding with lenders, brokers, or insiders to obtain loans the business was not qualified to receive.

The government does not need to prove intent to defraud. Even accidental misstatements or misunderstandings of program rules can lead to criminal charges.

Viable Defenses Against PPP and EIDL Fraud Allegations

Given the complexity of the PPP and EIDL programs and speed with which loans were distributed, there are often viable defenses in fraud cases. A knowledgeable attorney can evaluate if any of these may apply:

• Lack of intent – There is no evidence you deliberately tried to mislead lenders or misuse funds. Innocent mistakes happen.
• Ambiguous program rules – PPP and EIDL policies were unclear or changed frequently. You may have misunderstood how to calculate figures or use funds appropriately.
• Lender errors – The lender made mistakes in processing your application or failed to provide clear guidance.
• Loan forgiveness – If the loan has been forgiven, that may undermine allegations you misused the funds.
• Return of funds – If funds were returned upon realizing a mistake, it shows lack of criminal intent.
• Statute of limitations – There is a 5-year limit on federal fraud charges. A skilled lawyer can argue the clock started earlier than prosecutors claim.
• Jurisdictional issues – Federal courts may lack jurisdiction if alleged misstatements were not sufficiently material.
• Selective prosecution – You may have been unfairly targeted for investigation compared to other loan recipients.

An experienced federal fraud defense attorney can analyze the facts of your case to determine the strongest defenses. Viable defenses combined with effective negotiation by your lawyer can potentially lead to reduced charges or even avoidance of criminal prosecution altogether.

Why Hiring a Lawyer is Crucial

Attempting to navigate PPP or EIDL fraud accusations without an attorney is extremely unwise. These are complex cases with harsh potential penalties. A knowledgeable federal defense lawyer has the skills and experience to protect your rights:

Christine Twomey

2024-03-21

Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.

Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

Loveth Okpedo

2024-03-12

Very professional, very transparent, over all a great experience

Bee L

2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

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Google rating score: 4.9 of 5, based on 736 reviews

• They understand the intricate PPP and EIDL program rules and typical fraud allegations.
• They can convince prosecutors weaknesses in evidence or viable defenses should prevent charges from being filed.
• If charged, they can employ hard-hitting defense strategies challenging the government’s ability to prove intent, materiality, loss amounts, and other elements.
• They can argue for dismissal of charges or acquittal at trial based on reasonable doubt.
• They can negotiate with prosecutors for reduced charges or sentencing leniency.
• They know how to avoid self-incrimination and other pitfalls when dealing with investigators.

Hiring an attorney early when you learn you are under investigation is ideal. Involving counsel immediately can sometimes resolve matters quickly before charges are even filed.

Selecting the Right Fraud Defense Attorney

Choosing the right lawyer is crucial when facing federal fraud accusations that could result in prison time, heavy fines, and other serious consequences. Key credentials to seek in a PPP/EIDL fraud defense lawyer include:

• Federal court experience – Handling numerous federal fraud cases and familiarity with federal prosecutors and judges.
• Record of success – A proven track record of positive outcomes in fraud and financial crime cases.
• Knowledge of relief programs – In-depth understanding of PPP, EIDL, and other pandemic relief programs.
• Trial skills – Ability to mount an aggressive defense in court if charges are not dismissed pre-trial.
• Negotiation skills – Able to negotiate effectively with prosecutors to reduce charges and penalties.
• Reputation for integrity – Respected by prosecutors and judges for honesty, ethics and vigorous defense of clients.

When your business, livelihood, freedom, and reputation are on the line, you need an accomplished federal defense lawyer in your corner. Do not leave the fate of your case to chance. Consult with a top-rated PPP/EIDL fraud defense attorney as soon as possible. With an experienced legal advocate on your side, you can rest assured knowing your rights are protected and your best interests are secured.