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Will I Go to Prison for Accidental PPP Mistakes?

Will I Go to Prison for Accidental PPP Mistakes?

Getting charged with PPP loan fraud can be really scary. Like, your mind probably goes to the worst case scenario of ending up in prison over an honest mistake. I totally get why you’d freak out. But try to take a deep breath. Let’s walk through what kinds of situations can actually land you in prison over the Paycheck Protection Program loans.

What is the PPP?

As a quick refresher, the Paycheck Protection Program (PPP) was launched in 2020 to help small businesses survive the COVID-19 pandemic. Companies could get low-interest loans that may be forgiven if the money was used for payroll, rent, utilities, etc. Over 11 million PPP loans were given out.

Common PPP Mistakes

When the PPP loans were being rapidly rolled out, lots of business owners made innocent mistakes on their applications and when spending the money. Some common slip-ups include:

  • Overestimating payroll numbers
  • Using funds for non-qualified expenses
  • Lacking proper documentation
  • Applying for duplicate loans

Many of these issues can be remedied by working with your lender, providing more documentation, adjusting your loan forgiveness amount, or paying back misused funds. Let’s look at when an accidental PPP mistake could potentially become a criminal matter.

PPP Fraud Charges

Federal prosecutors are going after the most egregious cases of COVID relief fraud. This includes people who:

  • Fabricated businesses or employees on applications
  • Spent funds on lavish personal purchases
  • Applied for multiple loans using fake identities
  • Had no legitimate business or employees

These involve outright lies and theft rather than paperwork errors. According to the Department of Justice, over 1,000 defendants have been charged with stealing nearly $1.1 billion total in federal pandemic relief funds as of 2022.

PPP Fraud Penalties

The consequences for PPP fraud depend on the specifics of each case, such as:

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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!
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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.
  • Dollar amount obtained by fraud
  • Use of stolen identities
  • Past criminal history
  • Number of fraudulent loans

Penalties can potentially include:

  • Up to 30 years in federal prison
  • Restitution payments
  • Fines up to $1 million
  • Forfeiture of assets

When is Prison Time Likely?

In general, federal prosecutors tend to seek prison sentences for defendants who:

  • Stole over $150k – $250k+ in funds
  • Had an organized scheme with multiple co-conspirators
  • Have a criminal record, especially for fraud
  • Do not accept responsibility and cooperate

Harsher sentences often go to ringleaders who masterminded the plot or people who committed identity theft in the process. Significant prison time over an accidental paperwork error is unlikely. But lying to cover up mistakes can make the situation much worse.

Getting Charged with PPP Fraud

Let’s say federal agents show up at your home or business accusing you of PPP loan fraud. Or you get a target letter saying you’re under criminal investigation. What should you do?

  1. Politely decline to answer questions and ask to speak with a lawyer
  2. Gather all documentation related to your PPP loan(s)
  3. Hire a federal criminal defense lawyer ASAP

An experienced attorney can review the evidence and negotiate with prosecutors on your behalf. They may be able to get charges reduced or avoid prison time in appropriate cases. Having skilled legal counsel is essential.

Avoiding Prison for PPP Mistakes

Here are some tips to keep accidental PPP errors from becoming a criminal matter:

  • Consult an attorney early if questioned by investigators
  • Be upfront about any misunderstandings or errors
  • Fully repay misused funds if possible
  • Provide requested documentation to lenders/SBA
  • Cooperate with authorities to show good faith

Having an open dialogue with lenders and providing paperwork trails can go a long way towards demonstrating your mistakes were not intentional fraud. Being evasive or combative only raises more red flags. Contact a lawyer to protect your rights through the process.

Getting Legal Help

Dealing with accusations of PPP loan fraud is extremely stressful. But a knowledgeable white collar crime attorney can help minimize penalties and possibly avoid prison time for accidental errors. They understand federal sentencing guidelines and can craft an effective defense strategy. Don’t wait to seek experienced legal counsel if facing a criminal investigation over pandemic relief loans.

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