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Federal Defense Attorneys Representing Business Owners in EIDL Fraud Cases in San Diego
In response to the COVID-19 pandemic, the U.S. Small Business Administration (SBA) offered Economic Injury Disaster Loans (EIDL) to small businesses and nonprofit organizations in San Diego and nationwide. While the SBA is no longer accepting EIDL applications, it is still processing applications received before the deadlines, and the U.S. Department of Justice (DOJ) is actively targeting alleged fraud involving EIDL applications and funds.
Why Have I Been Contacted By the SBA or DOJ About EIDL Fraud?
Due to the volume of loans it needed to issue, the SBA’s review of EIDL applications was cursory at best. Now, armed with additional personnel and enhanced investigative capabilities, the SBA’s Office of Inspector General (OIG) is reviewing past EIDL applications.
What Constitutes EIDL Fraud Under Federal Law?
EIDL fraud can take many different forms, including:
- Making fraudulent statements on EIDL applications
- Falsifying documents and submitting them to the SBA
- Applying for EIDL on behalf of ineligible businesses
- Obtaining multiple EIDL in violation of program requirements
- Using EIDL funds for unauthorized purposes
Potential charges include:
- False Statements to a Financial Institution (18 U.S.C. Section 1014)
- Aggravated Identity Theft (18 U.S.C. Section 1028A)
- Wire Fraud (18 U.S.C. Section 1343)
- Bank Fraud (18 U.S.C. Section 1344)
- Fraud in Connection with Major Disaster (18 U.S.C. Section 1040)
Penalties can include up to a $1 million dollar fine and 30 years of federal imprisonment.
Is EIDL Fraud a Federal Criminal Offense?
Yes, EIDL fraud is a federal criminal offense. Depending on the statute under which you are charged, you could be facing up to 30 years of federal imprisonment.
To speak with a federal EIDL fraud lawyer in San Diego, call 212-300-5196.
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Frequently Asked Questions
New Jersey reformed its bail system in 2017. Instead of a cash-based system, judges now use a Public Safety Assessment (PSA) to determine whether a defendant should be released pretrial. Most defendants are released with conditions, while those deemed high-risk may be detained. An experienced attorney can argue for favorable release conditions at your detention hearing.
No. You have the constitutional right to remain silent and to have an attorney present during questioning. Anything you say to police can be used against you in court. Politely invoke your rights by saying "I want to speak with my attorney before answering any questions." This cannot be held against you.
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An arraignment is your first court appearance after being charged with a crime. The judge will read the charges against you, and you'll enter a plea (usually not guilty at this stage). The judge will also set bail or release conditions. Having an attorney at your arraignment is critical, as they can advocate for favorable bail terms and begin building your defense strategy from day one.
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