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Baton Rouge PPP Loan Fraud Defense – Federal Criminal Defense Attorneys
The United States Attorney’s Office for the Middle District of Louisiana takes allegations of PPP loan fraud against individuals seriously, and you need an experienced and respected criminal defense attorney protecting your freedom and your rights. The prosecution monitors and investigates pandemic loan violations throughout Louisiana. The FBI New Orleans Field Office coordinates with the IRS Criminal Investigation Division on PPP fraud cases, and the United States District Court for the Middle District of Louisiana handles these matters through the federal courthouse in Baton Rouge.
An investigation and/or criminal prosecution can threaten an individual’s professional reputation and freedom. During the investigative stage, an experienced criminal defense attorney can assist the individual by responding to an inquiry from the prosecution. 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 critical.
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 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 criminal defense attorney early. At Spodek Law Group, we understand the complexities of defending an individual’s freedom. Whether your legal problem arises from inaccurate revenue calculations, employee count discrepancies, or improper use of PPP funds 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:
Individuals are required to cooperate with federal investigations when served with a grand jury subpoena and/or when contacted by FBI agents according to federal statutes. Any false statement to federal law enforcement can result in additional criminal charges. A special agent will follow-up in writing requesting additional information if necessary and/or may request an interview.
The FBI and IRS Criminal Investigation may become involved in cases involving PPP fraud offenses. Agents from these agencies and/or the Middle District US Attorney’s Office have authority to investigate violations that may constitute criminal offenses under federal law.
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 criminal defense counsel, we represent individuals at all phases of the Criminal Proceedings including:
At Spodek Law Group, we also assist individuals with declined prosecutions and/or deferred prosecution agreements 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.
Depending on the individual’s circumstance, the defense strategy may include:
Requesting a meeting with the Middle District US Attorney’s 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 bank statements, and/or evaluate the loan documentation;
Developing a constitutional defense if Fourth or Fifth Amendment violations are at issue. This may include documentation showing good faith reliance and/or lack of fraudulent intent; or if necessary recommend negotiating a plea agreement to address any criminal liability under federal sentencing guidelines;
Creating a mitigation strategy for sentencing. Sometimes in our lives we suffer financial hardship, business disruptions, pandemic pressures, 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 prosecution.
| Loss Amount | Offense Level | Sentencing Range |
|---|---|---|
| Under $100,000 | Level 12-14 | 6 to 18 months |
| $100,000 – $500,000 | Level 16-20 | 24 to 48 months |
| $500,000 – $1 million | Level 22-26 | 48 to 84 months |
| $1 million – $3.5 million | Level 28-30 | 84 to 120 months |
| Over $3.5 million | Level 32+ | 120+ months |
PPP fraud prosecutions by federal prosecutors have increased significantly in Baton Rouge. The government has charged hundreds of defendants with pandemic loan fraud in recent years. Recent cases show the range – defendants have received outcomes from probation to over 10 years imprisonment depending on circumstances and representation.
The government now pursues even smaller loan amounts aggressively. Kevan Andre Hills received conviction for $675,272 fraud including Dodge Viper purchase. The Middle District US Attorney’s Office maintains dedicated pandemic fraud prosecution units.
Judge Brian A. Jackson imposes sentences reflecting loss amounts and cooperation. Early legal intervention prevents unnecessary prosecution.
PPP loan fraud cases are prosecuted by the United States Attorney’s Office for the district where the defendant resides or where fraudulent activity occurred. In Baton Rouge, the Middle District of Louisiana US Attorney’s Office handles these cases with FBI, IRS Criminal Investigation, and SBA Office of Inspector General. Federal prosecutors, not state prosecutors, handle all PPP fraud cases because these involve federal funds. The Department of Justice created pandemic fraud strike forces to coordinate prosecutions nationwide. These units have resources and expertise dedicated to investigating and prosecuting pandemic relief fraud.
The government proves PPP loan fraud by demonstrating false statements on loan applications through bank records, tax returns, and payroll documentation that contradict application claims. Prosecutors must establish the defendant knowingly submitted false information about revenue, employees, or business operations. Evidence includes comparisons between claimed payroll costs and actual IRS Form 941 filings, bank statements showing fund misuse, and witness testimony. The government needs to prove intent to defraud, not just mistakes or negligence. Defense strategies focus on challenging the government’s evidence of intent, demonstrating good faith errors, or showing reliance on professional advice.
PPP loan fraud punishment depends on the loss amount under federal sentencing guidelines. Sentences range from probation for minimal losses under $10,000 to over 20 years imprisonment for multimillion-dollar schemes. Typical sentences include 6-18 months for losses under $100,000, 2-4 years for $100,000-$500,000, and 4-7 years for $500,000-$1 million. Defendants must pay full restitution plus interest regardless of sentence. Supervised release follows imprisonment, typically 3-5 years with financial monitoring. The trial penalty means significantly harsher sentences for those convicted at trial versus accepting plea agreements. Cooperation with authorities can reduce sentences substantially.
If you or your business faces PPP fraud charges, contact the experienced federal defense attorneys at Spodek Law Group. We have over 40 years of combined experience defending individuals against federal fraud charges. Our attorneys understand the complexities of pandemic loan fraud and available defenses.
For immediate assistance, call us at 212-300-5196. We maintain 24-hour availability for urgent criminal matters. Don’t wait until formal charges are filed – early intervention produces better outcomes.
Spodek Law Group
Federal Defense Attorneys
212-300-5196
Available 24/7 for Criminal Matters
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