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Paycheck Protection Program (PPP) Loan Fraud Cases

Paycheck Protection Program (PPP) Loan Fraud Cases

For many Americans, the Paycheck Protection Program was a lifeline during the height of the COVID-19 pandemic.

Many business owners were struggling to stay afloat. Millions of workers feared that their next paycheck would be their last. The federal government came to the rescue with a $950 billion program offering partially or fully forgiven loans to qualifying businesses, self-employed workers and certain organizations.

It’s not as though no one anticipated the potential for fraud. There was extreme pressure to screen applicants and approve PPP loans quickly. Understaffed lending institutions relaxed the rules on vetting applicants. Given the circumstances, a formal federal prosecutor named James W. Cooper called the PPP a “fraud magnet.”

Only now, however, months after the program ground to a halt, is the full scope of the fraud being realized.

“Unprecedented” Fraud

The PPP was part of the Coronavirus Aid, Relief, and Economic Security (CARES) Act of 2020. It was created to keep workers on the payroll and boost businesses that were at risk of going under.

Hannibal “Mike” Ware, inspector general of the Small Business Administration and one of its fiercest watchdogs, describes the widespread PPP fraud as “unheard of” and “unprecedented.” Ware is busier than ever these days. As of August 2021, reported ABC News, Ware’s efforts to recoup fraudulently obtained funds were impressive: more than 200 arrests, 300-plus indictments and close to 70 convictions.

Still, the $600 million he’s recovered is probably just the tip of the iceberg. Ware guesses that there are tens of billions of dollars to go. When the PPP got underway, cases of fraud cropped up almost immediately around the country. Uncovering and prosecuting the cheaters could take years or even decades.

Christine Twomey
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
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
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
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
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
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
Loveth Okpedo
2024-03-12
Very professional, very transparent, over all a great experience
Bee L
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
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.

According to The New York Times, a team of researchers at the University of Texas estimates that around 15% of the PPP’s 11.8 million loans have at least one red flag. That doesn’t mean that 15% are bogus. For example, it’s always suspicious when several home-based businesses operate out of one household. However, that’s not especially uncommon, and the operations might be perfectly legitimate. The analysts acknowledged other false positives as well.

As for putting a dollar amount on the fraud, the UT study examined PPP loans in both traditional banks and financial technology firms — also known as fintechs — that specialize in digital lending. Allowing for false positives, the researchers concluded that anywhere from $38 billion to $76 billion was lost to various PPP loan scams.

The Perpetrators and Their Short-lived Rewards

Criminals seem to get savvier and more brazen all the time. They are never far behind evolving security technology that is meant to thwart them.

Leveraging technology, thieves quickly organized and enlisted “straw applicants” to apply for multiple PPP loans. The idea behind straw buying, a common ruse in mortgage lending, is to conceal the identity of the ringleader, who stands to reap the greatest benefits.

Not every perpetrator acted in cahoots with others. Some individuals made off with a cool million or two by submitting applications under multiple business names. Others inflated the number of employees on the payroll.

Many large companies that shouldn’t have qualified under SBA guidelines wound up with multimillion-dollar loans. Most likely, much of the money lines executives’ pockets today.

PPP scammers who have been caught include a reality TV star, a mild-mannered tax preparer, a 23-year-old entrepreneur, a mayoral candidate, a former NFL player and a NASA executive. Plainly, people from all economic classes and walks of life were tempted by the prospect of free money. They spent lavishly on sailboats, cars, swimming pools and jewelry. Some paid off their mortgages. Others bought Tesla stock or moved money overseas. At least one got into dog breeding.

The Charges and Penalties

The U.S. Department of Justice, which has never been known for its sense of humor, is prosecuting cases with relish.

It is going after big fish and little fish in ponds of all sizes. The charges it has brought include bank fraud, wire fraud, identity theft, money laundering, knowingly providing false information on a loan application, and many more. The DOJ has little sympathy for cheats who didn’t get away with much. It is not showing leniency to those who claim the fraud was unintentional.

In short, it’s time for scammers to pay the piper. Sentences of several months in jail and a few years’ probation, even for small-potatoes theft, are not unusual. A Dallas man must serve 11 years in prison and pay upwards of $17 million in restitution — and he is among those who pleaded guilty in hopes of getting a lighter sentence.

The worst and most far-reaching consequence, experts agree, is the impact that PPP fraud will have on emergency funding in the future.

https://home.treasury.gov/policy-issues/coronavirus/about-the-cares-act

https://abcnews.go.com/US/unprecedented-fraud-penetrated-rollout-covid-19-small-business/story?id=79218028

https://www.sba.gov/funding-programs/loans/covid-19-relief-options/report-id-theft-fraud

https://www.nytimes.com/2021/08/17/business/ppp-fraud-covid.html

https://www.natlawreview.com/article/doj-continuing-to-target-ppp-recipients-fraud

https://www.uschamber.com/co/run/business-financing/commonly-asked-questions-coronavirus-small-business-loans

https://www.investopedia.com/terms/s/straw-buying.asp

https://www.newsweek.com/texas-man-gets-11-years-24-million-worth-fraudulent-covid-19-relief-claims-1614132

 

For many Americans, the Paycheck Protection Program was a lifeline during the height of the COVID-19 pandemic.

Many business owners were struggling to stay afloat. Millions of workers feared that their next paycheck would be their last. The federal government came to the rescue with a $950 billion program offering partially or fully forgiven loans to qualifying businesses, self-employed workers and certain organizations.

It’s not as though no one anticipated the potential for fraud. There was extreme pressure to screen applicants and approve PPP loans quickly. Understaffed lending institutions relaxed the rules on vetting applicants. Given the circumstances, a formal federal prosecutor named James W. Cooper called the PPP a “fraud magnet.”

Only now, however, months after the program ground to a halt, is the full scope of the fraud being realized.

“Unprecedented” Fraud

The PPP was part of the Coronavirus Aid, Relief, and Economic Security (CARES) Act of 2020. It was created to keep workers on the payroll and boost businesses that were at risk of going under.

Hannibal “Mike” Ware, inspector general of the Small Business Administration and one of its fiercest watchdogs, describes the widespread PPP fraud as “unheard of” and “unprecedented.” Ware is busier than ever these days. As of August 2021, reported ABC News, Ware’s efforts to recoup fraudulently obtained funds were impressive: more than 200 arrests, 300-plus indictments and close to 70 convictions.

Still, the $600 million he’s recovered is probably just the tip of the iceberg. Ware guesses that there are tens of billions of dollars to go. When the PPP got underway, cases of fraud cropped up almost immediately around the country. Uncovering and prosecuting the cheaters could take years or even decades.

According to The New York Times, a team of researchers at the University of Texas estimates that around 15% of the PPP’s 11.8 million loans have at least one red flag. That doesn’t mean that 15% are bogus. For example, it’s always suspicious when several home-based businesses operate out of one household. However, that’s not especially uncommon, and the operations might be perfectly legitimate. The analysts acknowledged other false positives as well.

As for putting a dollar amount on the fraud, the UT study examined PPP loans in both traditional banks and financial technology firms — also known as fintechs — that specialize in digital lending. Allowing for false positives, the researchers concluded that anywhere from $38 billion to $76 billion was lost to various PPP loan scams.

The Perpetrators and Their Short-lived Rewards

Criminals seem to get savvier and more brazen all the time. They are never far behind evolving security technology that is meant to thwart them.

Leveraging technology, thieves quickly organized and enlisted “straw applicants” to apply for multiple PPP loans. The idea behind straw buying, a common ruse in mortgage lending, is to conceal the identity of the ringleader, who stands to reap the greatest benefits.

Not every perpetrator acted in cahoots with others. Some individuals made off with a cool million or two by submitting applications under multiple business names. Others inflated the number of employees on the payroll.

Many large companies that shouldn’t have qualified under SBA guidelines wound up with multimillion-dollar loans. Most likely, much of the money lines executives’ pockets today.

PPP scammers who have been caught include a reality TV star, a mild-mannered tax preparer, a 23-year-old entrepreneur, a mayoral candidate, a former NFL player and a NASA executive. Plainly, people from all economic classes and walks of life were tempted by the prospect of free money. They spent lavishly on sailboats, cars, swimming pools and jewelry. Some paid off their mortgages. Others bought Tesla stock or moved money overseas. At least one got into dog breeding.

The Charges and Penalties

The U.S. Department of Justice, which has never been known for its sense of humor, is prosecuting cases with relish.

It is going after big fish and little fish in ponds of all sizes. The charges it has brought include bank fraud, wire fraud, identity theft, money laundering, knowingly providing false information on a loan application, and many more. The DOJ has little sympathy for cheats who didn’t get away with much. It is not showing leniency to those who claim the fraud was unintentional.

In short, it’s time for scammers to pay the piper. Sentences of several months in jail and a few years’ probation, even for small-potatoes theft, are not unusual. A Dallas man must serve 11 years in prison and pay upwards of $17 million in restitution — and he is among those who pleaded guilty in hopes of getting a lighter sentence.

The worst and most far-reaching consequence, experts agree, is the impact that PPP fraud will have on emergency funding in the future.

https://home.treasury.gov/policy-issues/coronavirus/about-the-cares-act

https://abcnews.go.com/US/unprecedented-fraud-penetrated-rollout-covid-19-small-business/story?id=79218028

https://www.sba.gov/funding-programs/loans/covid-19-relief-options/report-id-theft-fraud

https://www.nytimes.com/2021/08/17/business/ppp-fraud-covid.html

https://www.natlawreview.com/article/doj-continuing-to-target-ppp-recipients-fraud

https://www.uschamber.com/co/run/business-financing/commonly-asked-questions-coronavirus-small-business-loans

https://www.investopedia.com/terms/s/straw-buying.asp

https://www.newsweek.com/texas-man-gets-11-years-24-million-worth-fraudulent-covid-19-relief-claims-1614132

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