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So your probably desperately searching for defenses that will save you from PPP fraud charges, hoping there’s some magic legal argument that makes this nightmare disappear. Maybe your lawyer mentioned “lack of intent” or “good faith” and you think that’s your ticket to freedom. Or maybe you read about someone who beat the charges and think you can too. Look, we get it. Your clinging to any hope of avoiding federal prison. But here’s the brutal reality – most PPP fraud defenses are FAILING in court, and the ones that work require evidence you probably don’t have!
Lack of intent is the most common defense, and its FAILING spectacularly! Prosecutors are demolishing this defense by showing that nobody “accidentally” inflates payroll by 200% or creates fake employees. The Department of Justice argues that the false statements are so obvious, intent is self-evident!
Recent 2025 cases show the disaster of relying on intent defenses. A restaurant owner claimed he didn’t intend to defraud when he listed 20 employees instead of 5 – CONVICTED! A contractor said he misunderstood the rules when claiming $500,000 in payroll that didn’t exist – 3 YEARS in prison! Judges are saying the lies are too big to be mistakes!
The problem is that prosecutors use YOUR documents against you. Your tax returns showing different numbers? That proves you knew the truth! Your bank statements showing lower payroll? Evidence of intentional fraud! Every document you’ve ever signed becomes ammunition to prove intent. The lack of intent defense crumbles under documentary evidence!
Good faith compliance sounds great in theory but is getting DESTROYED in practice! The government’s position is brutal – if you certified the information was true, there’s no good faith defense for false information. You can’t have good faith in lies, even if you didn’t know they were lies!
Courts are rejecting good faith defenses daily! One defendant showed he tried to follow ever-changing PPP rules – still convicted! Another proved he consulted SBA guidance – prison anyway! Judges are saying good faith efforts don’t excuse false statements on federal applications!
The SBA Office of Inspector General testifies that good faith requires ACCURACY, not just effort. Trying to comply while submitting false information isn’t good faith – its still fraud! Your good intentions mean nothing if the numbers were wrong!
The “my accountant did it” defense is failing MISERABLY! Courts consistently rule that you can’t delegate criminal responsibility to professionals. Your signature on the application makes YOU liable, regardless of who prepared it! Recent cases show accountants and clients BOTH going to prison!
To succeed with professional reliance, you need to prove: Complete disclosure of ALL facts to the professional. The professional’s advice was objectively reasonable. You followed the advice exactly. No red flags you ignored. Almost NOBODY can prove all these elements!
Even when defendants prove professional reliance, they’re still getting convicted! A business owner who proved his CPA made every calculation error – GUILTY! Another who showed his lawyer filled out the forms wrong – 18 months in prison! Judges say reliance might reduce sentences but doesn’t eliminate guilt!
The “rules were confusing” defense is getting LAUGHED out of courtrooms! Yes, PPP rules changed frequently, but prosecutors argue the basic requirement of truthfulness never changed. You can’t lie because you’re confused about other requirements!
The Criminal Division’s Fraud Section has a devastating response to ambiguity defenses – they show the clear language on applications: “false statements are punishable by imprisonment.” No ambiguity there! Every defendant signed under penalty of perjury knowing lies meant prison!
Recent attempts at ambiguity defenses have failed spectacularly. A tech company argued employee classification was unclear – convicted on all counts! A restaurant claimed “payroll costs” definition was ambiguous – jury deliberated 2 hours before convicting! Ambiguity isn’t working!
Challenging evidence sufficiency sounds strategic but faces a MASSIVE problem – the government has overwhelming documentary proof! Bank records, tax returns, state filings, employee records – they have everything! Challenging this mountain of evidence is nearly impossible!
The government uses sophisticated data analytics that cross-reference dozens of databases. Your PPP application is compared to IRS records, state unemployment files, banking data, and more. When all these sources contradict your application, challenging sufficiency is futile!
Plus, the IRS Criminal Investigation division has a 90% conviction rate! They don’t bring cases unless the evidence is overwhelming. By the time your charged, they’ve spent months building an airtight case. Challenging there evidence is like fighting a tsunami with a bucket!
Forget about entrapment – it’s IMPOSSIBLE to prove in PPP cases! The government didn’t force you to apply for loans or submit false information. They offered a program; you chose to lie. No court has accepted entrapment as a PPP fraud defense!
Coercion defenses are equally hopeless unless someone literally held a gun to your head! “Economic pressure” isn’t coercion. “My business was failing” isn’t coercion. “My family needed money” isn’t coercion. Courts require actual threats of physical harm, which nobody can prove!
We’ve seen desperate defendants try everything. One claimed his lender pressured him to inflate numbers – rejected! Another said his business partner threatened to fire him – not coercion! Unless you have proof of criminal threats forcing you to commit fraud, forget these defenses!
Voluntary repayment is NOT a defense – its an admission of guilt! The Department of Justice’s position is clear: “Returning stolen money doesn’t erase the crime.” Paying back the loan might reduce your sentence but won’t prevent conviction!
In fact, repayment can HURT your defense! Prosecutors argue “why would you pay it back unless you knew it was fraudulent?” Your repayment becomes evidence of consciousness of guilt. We’ve seen defendants convict themselves by trying to “make it right”!
Recent cases prove repayment doesn’t prevent prosecution. A dentist paid back $350,000 before charges – still prosecuted! A contractor returned $200,000 immediately – got 2 years in prison anyway! Repayment might help at sentencing but won’t stop conviction!
Constitutional defenses like due process violations or selective prosecution are LONG SHOTS that rarely succeed! Courts have consistently upheld PPP fraud prosecutions against constitutional challenges. These Hail Mary defenses usually just anger judges!
Selective prosecution requires proving others committed identical crimes but weren’t charged due to discrimination. Good luck proving that! Due process requires showing fundamental unfairness in the law itself. Courts have unanimously upheld PPP fraud statutes!
Fourth Amendment challenges to searches? The government got proper warrants. Fifth Amendment self-incrimination? You voluntarily submitted the application. Sixth Amendment speedy trial? The pandemic tolled deadlines. Constitutional defenses are desperation moves that fail!
The ONLY defenses with any success rate require extraordinary evidence most defendants don’t have! Actual innocence with documentary proof you never submitted the application. Identity theft with evidence someone else used your information. Mental incapacity with medical records showing inability to form intent.
But here’s the harsh truth – these defenses work in less than 5% of cases! The government has a 90%+ conviction rate in PPP fraud cases. They don’t bring charges unless they’re virtually certain of conviction. Once your charged, the odds are overwhelmingly against you!
The most “successful” defense is often not a defense at all – its immediate cooperation and guilty pleas for reduced sentences! Fighting charges and losing means maximum sentences. Accepting responsibility early might get you months instead of years. That’s the sad reality of PPP fraud defense!
WARNING: Standard defenses are FAILING in 90%+ of PPP fraud cases!
Lack of intent, good faith, professional reliance – ALL FAILING!
Call 212-300-5196 NOW for strategies that actually work in this hostile environment!
Look, we’re not trying to scare you, but you need to understand the reality – traditional defenses are failing catastrophically in PPP fraud cases. Lack of intent gets destroyed by documentary evidence. Good faith compliance fails when the statements were false. Professional reliance doesn’t eliminate your responsibility. Legal ambiguity doesn’t excuse lying. Constitutional challenges get rejected. Repayment isn’t a defense.
The government has overwhelming evidence, unlimited resources, and a 90%+ conviction rate. They’ve heard every defense and know how to destroy them all. Standard defense strategies that might work for other crimes are failing miserably for PPP fraud. The hostile judicial environment means judges and juries have little sympathy.
Your only hope is working with attorneys who understand this unique prosecution environment and can craft creative strategies beyond the failing standard defenses. Don’t rely on defenses that are failing every day in courtrooms across America. Call us immediately at 212-300-5196 and let us develop a defense strategy that acknowledges reality instead of relying on false hope!
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