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Alaska EIDL Loan Fraud Lawyers

Defending The Legal Rights Of Those Accused Of EIDL Loan Fraud

The United States Attorney’s Office for the District of Alaska takes allegations of EIDL loan fraud against individuals seriously, and you need an experienced and respected federal criminal defense attorney protecting your freedom and your rights. The USAO AK monitors and investigates pandemic loan fraud violations throughout the entire state from Anchorage to remote communities including Fairbanks, Juneau, Ketchikan, Nome, and Sitka. The FBI Anchorage Field Office coordinates with federal prosecutors on EIDL fraud cases, and the United States District Court for the District of Alaska handles these matters through specialized criminal proceedings at the James M. Fitzgerald United States Courthouse.

An investigation and/or criminal prosecution can threaten an individual’s professional reputation and freedom. During the investigative stage, an experienced federal criminal defense attorney can assist the individual by responding to an inquiry from Alaska prosecutors. This response may be in writing and/or in person during an investigative interview. With experienced defense counsel, an effective response may result in the investigation closing without a formal filing. This is absolutely key.

Understanding the Federal Investigation Process

The financial and emotional costs of a formal criminal filing can be overwhelming, and can tarnish a career given that the filing and charges of the individual’s violations are publicly available because criminal charges are posted to the federal court system, published in the media, and accessible through online databases. Even if the allegations are later disproven, the damaging effect may linger.

It is important to retain an experienced federal criminal defense attorney early. At Spodek Law Group, we understand the complexities of defending an individual’s freedom. Whether your legal problem arises from an FBI investigation, a filing by the District office, or an SBA inquiry we can assist you in protecting your employment and freedom.

Our office is experienced defending individuals facing criminal prosecution(s) due to the following allegations:

  • EIDL Application Fraud
  • PPP Loan Fraud
  • False Statements to the SBA Under 18 USC 1014
  • Wire Fraud Under 18 USC 1343
  • Bank Fraud
  • Money Laundering
  • Conspiracy to Commit Fraud
  • False Certification of Business Revenue
  • Misuse of EIDL Loan Proceeds
  • Identity Theft in Connection with EIDL Applications
  • Tax Fraud Related to Pandemic Loans
  • Making False Statements to Federal Agents

Federal Criminal Reporting Requirements

Individuals are required to cooperate with criminal investigations when served with a grand jury subpoena and/or when contacted by federal law enforcement according to federal statutes. Any false statement to federal law enforcement can result in additional criminal charges. An FBI investigator will follow-up in writing requesting additional information if necessary and/or may request an interview.

The FBI and SBA Office of Inspector General may become involved in cases involving EIDL fraud offenses. Agents from these offices and/or prosecutors have authority to investigate violations that may constitute criminal offenses under federal court rules.

Criminal Defense With A Comprehensive Approach

At Spodek Law Group we evaluate the best course of action for the individual by examining your circumstances and taking a proactive, understanding approach. As experienced federal criminal defense counsel, we represent individuals at all phases of the Criminal Proceedings including:

  • FBI investigative process
  • Response to federal law enforcement inquiries
  • After an Investigation commences
  • After the filing of criminal charges
  • During Contested Trials before the United States District Court for the District of Alaska
  • Sentencing Hearings and Appeals

At Spodek Law Group, we also assist individuals with Cooperation Agreements and/or Sentencing Mitigation which have been previously denied. We pride ourselves on taking a comprehensive strategy to defend the individual’s freedom. Over 40 years combined experience – really.

Defense Strategy Components

Depending on the individual’s circumstance, the defense strategy may include:

Requesting a meeting with the District of Alaska office to present evidence to either refute the allegation that fraud occurred or mitigate the degree of charges;

Retaining appropriate experts in the issues at hand;

Retaining a defense investigator to interview any witnesses, issue subpoenas of relevant records, secure computer meta data, and/or evaluate the scene or evidence;

Developing a constitutional defense if Fourth Amendment violations are at issue. This may include documentation showing illegal searches and/or reasonable expectations of privacy; or if necessary recommend negotiating a cooperation agreement to address any criminal liability under federal sentencing guidelines;

Creating a mitigation strategy for sentencing. Sometimes in our lives we suffer personal hardships, business failures, pandemic stress, or even just go through an extended period of difficulty. In these instances, an individual is not in need of criminal prosecution by the government; they need understanding andcontext;

Assisting the individual with gathering the necessary mitigation documents to support a defense package and/or prepare for trial with the United States District Court for the District of Alaska.

Potential Criminal Outcomes From The USAO AK

Outcome TypeDescriptionResult
Investigation ClosedMatter closed with or without a declination letterNot considered formal charges
Criminal ComplaintFormal filing with or without arrestCriminal filing made public
Federal IndictmentFiled by the USAO AKPublic via federal court system
Pre-Trial DiversionResolution for eligible offendersResults in dismissal
ProbationPeriod of federal supervisionSupervised release
Federal PrisonCustody sentence under GuidelinesSentences from probation to 92 months typical

Alaska EIDL Loan Fraud Defense FAQs

What is the penalty for SBA loan fraud?

Under 18 USC Section 1014, false statements to the SBA carry up to 30 years imprisonment and $1 million fine. However, actual sentences depend on loss amount under federal Guidelines. Small EIDL loans under $50,000 typically result in probation to 18 months, larger amounts bring longer sentences. You have a right to be represented by an attorney throughout the investigation and criminal process according to federal criminal procedure guidelines.

The mission of federal prosecutors in Alaska, in part, is to prosecute criminal offenses. While members of the prosecution team may be professionals, they are not your friends. During investigations and/or criminal proceedings, their goals generally do not align with yours. Period.

What happens if you don’t pay back EIDL?

Not paying back EIDL is different from fraud. If you obtained the loan honestly but can’t repay, that’s a civil matter. If an investigator from the FBI and/or the SBA reaches out about fraud allegations, you should politely refuse to speak to them until your attorney can be present.

As tempting as it may be, do not contact the prosecutors to try to explain the situation. Anything that you say to federal law enforcement or prosecutors could be used against you in a criminal prosecution and/or a civil proceeding. Don’t even try.

What is the average sentencing for fraud?

Federal fraud sentences vary by loss amount. Medium EIDL loans ($50,000 to $250,000) produce 18-36 month sentences. If you receive a target letter or criminal complaint, you must respond within the specified timeframe. This deadline is typically within a short period and cannot be extended according to federal court rules.

Investigation timelines vary. Initial review typically requires substantial time. Complex investigations may add additional months. Serious cases can extend beyond one year.

Alaska federal fraud enforcement is described as aggressive and ongoing.

Why Alaska Cases Require Specialized Defense

Alaska’s federal district covers the entire state – one district, one US Attorney’s Office, one federal courthouse in Anchorage. The James M. Fitzgerald United States Courthouse handles all federal prosecutions. The judges who preside over these matters have extensive experience with fraud cases.

The USAO AK maintains coordination with FBI and other federal law enforcement agencies. Criminal prosecutions often proceed simultaneously with civil actions.

Individuals throughout Alaska – from Anchorage to remote communities – face prosecution in the same courthouse. Criminal charges can end careers in this competitive market. Absolutely can.

Contact Spodek Law Group

Todd Spodek has represented individuals and professionals for over a decade. The firm understands the complexities of federal criminal law and sentencing procedures.

Criminal investigations require immediate attention. Most matters have strict deadlines that cannot be extended. Early intervention often produces better outcomes.

Contact Spodek Law Group at 212-300-5196. The office maintains 24-hour availability for urgent matters.

Your freedom and professional reputation represent years of work and substantial investment. Protecting them requires experienced representation familiar with District of Alaska procedures and federal criminal law.

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