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So your probably desperately hoping there’s some way to get these PPP fraud charges dismissed before trial, thinking maybe there’s a technicality or motion that makes this nightmare disappear. Maybe your lawyer mentioned filing motions to dismiss and you think that’s your escape route. Or maybe you heard about someone who got charges dropped and believe you can too. Look, we get it. Your clinging to the hope that you won’t have to face trial. But here’s the absolutely devastating reality – PPP fraud charges almost NEVER get dropped, and the few that do require extraordinary circumstances you probably don’t have!
Let’s destroy your false hope with REAL numbers! The Department of Justice has a 90%+ conviction rate in PPP fraud cases, and that’s AFTER motions to dismiss fail! Of the remaining 10%, most are acquittals at trial, not pretrial dismissals. We’re talking about maybe 1-2% of cases getting dropped before trial!
Why such terrible odds? Because the government doesn’t file charges unless they have overwhelming evidence! They’ve spent months investigating, analyzing documents, and building an airtight case BEFORE indicting you. By the time your charged, they’ve already anticipated and prepared for every possible motion to dismiss!
Recent 2025 statistics are even worse! With improved detection algorithms and data analytics, the government’s cases are stronger than ever. They’re not filing questionable charges – they’re only prosecuting slam-dunk cases with mountains of documentary evidence. Your motion to dismiss faces impossible odds!
Motions to dismiss fail because PPP fraud cases are document-based crimes with clear evidence! This isn’t a he-said-she-said situation where witness credibility matters. The government has your signed application, bank records, tax returns – indisputable documentary proof that survives any motion to dismiss!
The legal standard for dismissal is INCREDIBLY high! The court must accept all the government’s allegations as true and can only dismiss if there’s absolutely no way they could prove there case. With PPP fraud, where you signed documents under penalty of perjury, courts almost always find sufficient allegations to proceed!
The Criminal Division’s Fraud Section has been prosecuting these cases for years now. They know exactly how to draft indictments that survive dismissal motions. Every charge is carefully crafted with specific factual allegations tied to documentary evidence. These aren’t sloppy prosecutions vulnerable to dismissal!
Everyone thinks procedural violations will save them – WRONG! Yes, if the FBI violated your rights, evidence might get suppressed. But guess what? They almost NEVER make those mistakes in PPP cases! These are white-collar investigations with careful warrant applications and proper procedures!
The search warrants in PPP cases are typically rock-solid. The government shows probable cause using your own loan application compared to public records. Banks voluntarily provide records without warrants. Digital evidence is properly preserved. Where exactly is the procedural violation that gets charges dropped?
Even if you find a procedural issue, suppressing some evidence doesn’t mean dismissal! The government usually has multiple sources of proof. Suppress the bank records? They still have tax returns. Throw out the email evidence? The loan application itself proves fraud. You need MASSIVE procedural violations to get dismissal, which almost never happens!
Lack of intent is an argument for trial, NOT pretrial dismissal! At the motion to dismiss stage, the court assumes the government CAN prove intent. Your saying “I didn’t intend fraud” doesn’t get charges dropped – it just sets up your trial defense!
The SBA Office of Inspector General provides evidence that makes intent arguments fail at the dismissal stage. Your signature certifying information was true. The huge discrepancies between application and reality. The personal use of funds. Judges look at these facts and say “a jury could find intent” – motion DENIED!
We’ve seen defendants file elaborate motions arguing lack of intent with affidavits, expert opinions, and character references. Doesn’t matter! The judge says “that’s for the jury to decide” and denies dismissal. You can’t litigate intent before trial in federal court!
Selective prosecution defenses are FANTASY in PPP cases! To prove selective prosecution, you need evidence that similarly situated people weren’t prosecuted because of race, religion, or other improper reasons. Good luck finding that evidence when thousands are being prosecuted across all demographics!
The government’s response to selective prosecution claims is devastating – they show statistics of widespread prosecution regardless of race, location, or politics. They’re prosecuting everyone from all backgrounds! How can prosecution be selective when its universal?
Plus, courts require “clear evidence” of discriminatory intent, not just disparate impact. You need smoking-gun proof that prosecutors decided not to charge others specifically because of protected characteristics. That evidence doesn’t exist because the government is prosecuting EVERYONE they catch!
Entrapment is the longest of long shots that NEVER works in PPP cases! Entrapment requires government agents inducing you to commit crimes you wouldn’t otherwise commit. But nobody forced you to apply for PPP loans or submit false information!
The government’s position is simple – they offered a program, you chose to lie. No government agent came to your business and said “inflate your payroll!” No FBI agent helped you create fake employees. You committed fraud independently without government inducement!
Recent attempts at entrapment defenses have been laughable failures. One defendant claimed SBA guidance was confusing entrapment – judge literally laughed. Another said the easy application process entrapped him – motion denied in 5 minutes. Entrapment requires coercion that doesn’t exist in PPP cases!
Prosecutorial misconduct could theoretically get charges dismissed, but finding actual misconduct in PPP cases is nearly impossible! These prosecutors are experienced professionals who know the rules. They’re not making rookie mistakes that lead to dismissal!
What defendants call “misconduct” is usually just aggressive prosecution. Executing search warrants? Legal. Subpoenaing records? Proper. Offering harsh plea deals? Standard practice. Publicizing convictions? First Amendment protected. Where’s the actual misconduct?
The IRS Criminal Investigation and DOJ follow strict protocols in PPP cases. Everything is documented, reviewed by supervisors, and approved by multiple levels. The chance of finding dismissal-worthy prosecutorial misconduct is essentially zero!
Forget about statute of limitations – Congress extended it to TEN YEARS for PPP fraud! If you got a loan in 2020, they can prosecute until 2030. Got one in 2021? They have until 2031. The statute of limitations isn’t saving anyone from PPP prosecution!
Some defendants try arguing the wrong statute applies or calculation errors. Courts consistently reject these arguments! The ten-year statute is crystal clear and uniformly applied. Every motion arguing statute of limitations in PPP cases has failed!
Even if you could somehow argue an earlier statute applies, the government files charges well within any deadline. They’re not waiting until the last minute – they’re prosecuting as fast as they can process cases. Statute of limitations dismissals are fantasy!
The ONLY times PPP fraud charges get dropped involve extraordinary circumstances: Death of the defendant. Terminal illness making trial impossible. Actual innocence with proof someone else submitted the application. Identity theft with rock-solid evidence. Government witness admits to lying (almost never happens in document cases).
Notice what’s NOT on that list? Procedural technicalities. Paperwork errors. Good intentions. Financial hardship. Family circumstances. Health problems. These human factors might affect sentencing but won’t get charges dropped!
The harsh reality is that once your charged with PPP fraud, your almost certainly going to trial or pleading guilty. The government has spent months building a case they’re confident will win. They don’t file charges hoping you’ll get them dismissed – they file charges to convict you!
CRITICAL: Only 1-2% of PPP fraud charges get dropped pretrial!
90%+ conviction rate AFTER failed dismissal attempts!
Call 212-300-5196 NOW for realistic strategies instead of false hope!
Look, we know this isn’t what you want to hear, but you need the truth – PPP fraud charges almost never get dropped. The government has overwhelming documentary evidence, properly obtained through valid warrants and subpoenas. The indictments are carefully drafted to survive dismissal motions. Procedural violations are rare. Intent arguments wait for trial. Selective prosecution and entrapment defenses fail. The statute of limitations is ten years.
Courts deny 98%+ of motions to dismiss in PPP fraud cases. The few that succeed involve extraordinary circumstances like actual innocence or terminal illness. Routine legal arguments that might work in other cases fail completely in PPP prosecutions. The government has learned from years of these cases and doesn’t make dismissal-worthy mistakes anymore.
Instead of chasing the false hope of dismissal, you need attorneys who understand the reality and can work toward achievable goals – negotiating better plea deals, preparing strong trial defenses, or finding genuine mitigating factors for sentencing. Don’t waste time and money on dismissal motions that will fail. Call us immediately at 212-300-5196 and let us develop a realistic strategy that acknowledges the harsh truth about PPP fraud prosecutions!
Very diligent, organized associates; got my case dismissed. Hard working attorneys who can put up with your anxiousness. I was accused of robbing a gemstone dealer. Definitely A law group that lays out all possible options and best alternative routes. Recommended for sure.
- ROBIN, GUN CHARGES ROBIN
NJ CRIMINAL DEFENSE ATTORNEYS