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Santa Clara County PPP Loan Fraud Lawyers
The federal government has turned PPP loan fraud prosecution into a systematic process, and the Northern District of California is actively pursuing these cases. If you obtained a PPP loan in 2020 or 2021 and are now facing scrutiny, understanding your legal situation is critical.
In August 2022, Congress extended the statute of limitations for PPP fraud from 5 to 10 years – retroactively. A loan from 2020 is prosecutable until 2030. A loan from 2021 until 2031. The government gave itself a full decade, and they are using it.
Recent Local Cases
Cassie Will-Darnall: 18 months for $2.8M. Frank Mosley: 30 months for $3M+ conspiracy. Emanuel Tucker: pled guilty to $15.9M scheme, bought Ferrari and Bentley.
As of December 31, 2024, according to Pandemic Oversight data: 3,096 defendants have been charged with pandemic relief fraud. Of those, 2,532 were convicted – an 82% conviction rate. Of those convicted, 1,741 received prison time – that’s 81%. Defendants sentenced in 2024-2025 are receiving sentences approximately 40% longer than defendants who committed identical conduct but were sentenced in 2021-2022.
One Application, Multiple Federal Charges
One PPP application can trigger multiple federal charges:
- Wire Fraud (18 U.S.C. Section 1343) – 20-30 years maximum
- Bank Fraud (18 U.S.C. Section 1344) – 30 years maximum
- False Statements to SBA (18 U.S.C. Section 1014) – 30 years maximum
- Money Laundering (18 U.S.C. Section 1956) – 20 years maximum
- Aggravated Identity Theft (18 U.S.C. Section 1028A) – mandatory +2 years consecutive
The Window That Closes
There is a window – typically six to twelve months – between when the SBA OIG flags a loan and when the case gets referred to the FBI for criminal investigation. During this window, civil resolution may still be possible: repayment plus a fine, perhaps a False Claims Act settlement. Not pleasant, but not a federal felony conviction.
Once the FBI takes over and criminal charges are filed, that option disappears.
Critical Mistakes to Avoid
The DOJ has explicitly stated that voluntary repayment can be used as evidence of consciousness of guilt. Returning the money without counsel does not make it go away – it can actually strengthen the government’s case against you.
Never agree to discuss a potential PPP fraud case with a federal agent without a lawyer present. People who talked to investigators without counsel have faced additional obstruction or false statement charges on top of the underlying PPP fraud.
If You Are Under Investigation
- Do not destroy any documents – document destruction becomes a separate charge
- Do not discuss the matter with others who may be involved
- Do not make voluntary payments to the SBA without counsel
- Contact a federal defense attorney immediately
Todd Spodek has handled PPP fraud cases and understands the difference between OIG-stage investigations where civil resolution may be possible, and FBI-stage investigations where criminal defense becomes the priority.
Spodek Law Group offers free consultations. Call 212-300-5196.
Reduction in pretrial jail population since NJ bail reform implementation.
Source: NJ Judiciary Annual ReportApproval rate for properly filed expungement petitions in NJ.
Source: NJ Courts Statistical ReportCommon Mistakes to Avoid
Actually Stay Silent
Most people know they have the right to remain silent but still talk to police. Anything you say can and will be used against you. Politely decline to answer questions until your attorney is present.
Bail Conditions Are Enforceable
Violating bail conditions, even minor ones, can result in immediate re-arrest and make it much harder to obtain bail again. Follow every condition to the letter.
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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.
Attorney fees vary based on the complexity of the case, the charges involved, and whether the case goes to trial. At Spodek Law Group, we offer transparent pricing and flexible payment plans. We provide a free initial consultation to discuss your case and give you an honest assessment of costs. Investing in quality representation often saves far more in the long run than choosing the cheapest option.
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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