Defending The Rights Of Business Owners Facing PPP Loan Investigation
The U.S. Attorney’s Office takes allegations of loan fraud against business owners seriously, and you need an experienced and respected federal criminal defense attorney protecting your freedom and your rights. The U.S. Attorney’s Office monitors and investigates financial crimes throughout the United States and all federal jurisdictions. The U.S. Attorney’s Office’s established Criminal Fraud Section investigates reported and alleged violations of federal criminal statutes.
An investigation and/or criminal prosecution by the U.S. Attorney’s Office can threaten a business owner’s professional reputation and freedom. During the investigative stage, an experienced federal criminal defense attorney can assist the business owner by responding to an inquiry from the U.S. Attorney’s Office. 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 U.S. Attorney’s Office’s Criminal Fraud Section closing the investigation without formal charges.
Understanding the Criminal Investigation Process
The financial and emotional costs of formal criminal charges can be overwhelming, and can tarnish a career given that criminal charges and the business owner’s alleged violations are publicly available because criminal charges are posted to the court system, published in the media, and accessible through the online court system. 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 a business owner’s freedom. Whether your legal problem arises from a criminal investigation, criminal charges filed by the U.S. Attorney’s Office, or a law enforcement inquiry we can assist you in protecting your business and freedom.
Our office is experienced defending business owners facing criminal prosecution(s) due to the following allegations:
- PPP Loan Application Fraud
- EIDL Loan Fraud
- Bank Fraud
- Wire Fraud
- False Statements to Federal Agencies
- Money Laundering
- Conspiracy to Commit Fraud
- Criminal Arrests, Charges or Convictions
- Misdemeanor Offenses
- Felony Offenses
- Tax Fraud
- Failure to Report as Required by Law
Common Questions About PPP Loan Investigations
How do you know if your PPP loan is being investigated?
The U.S. Attorney’s Office handles these matters seriously and/or aggressively. Various factors and/or circumstances affect the investigation process and/or outcome. An experienced federal criminal defense attorney can evaluate your specific situation and/or provide guidance based on the complexity of your case. Early intervention and/or proper legal representation often impacts the resolution.
Is every PPP loan being audited?
The U.S. Attorney’s Office handles these matters seriously and/or aggressively. Various factors and/or circumstances affect the investigation process and/or outcome. An experienced federal criminal defense attorney can evaluate your specific situation and/or provide guidance based on the complexity of your case. Early intervention and/or proper legal representation often impacts the resolution.
How long can they investigate PPP loans?
The U.S. Attorney’s Office handles these matters seriously and/or aggressively. Various factors and/or circumstances affect the investigation process and/or outcome. An experienced federal criminal defense attorney can evaluate your specific situation and/or provide guidance based on the complexity of your case. Early intervention and/or proper legal representation often impacts the resolution.
What triggers a PPP loan investigation?
The U.S. Attorney’s Office handles these matters seriously and/or aggressively. Various factors and/or circumstances affect the investigation process and/or outcome. An experienced federal criminal defense attorney can evaluate your specific situation and/or provide guidance based on the complexity of your case. Early intervention and/or proper legal representation often impacts the resolution.
Criminal Reporting Requirements
Business owners are required to cooperate with criminal investigations when served with a grand jury subpoena or when contacted by law enforcement authorities. Any false statement to law enforcement can result in additional criminal charges. A law enforcement investigator will follow-up in writing requesting additional information if necessary and/or may request an interview.
The FBI may become involved in cases involving federal criminal offenses. Agents from federal and state law enforcement agencies have authority to investigate violations that may constitute criminal offenses.
Criminal Defense With A Comprehensive Approach
At Spodek Law Group we evaluate the course of action for the business owner by examining your circumstances and taking a proactive, understanding approach. As experienced federal criminal defense attorneys, we represent business owners at all phases of the Criminal Proceedings including:
- Investigative process
- Response to grand jury subpoenas
- After an Investigation commences
- After the filing of Criminal Charges
- During Contested Trials before the Federal District Court
- Petitions for Post-Conviction Relief or Appeals
At Spodek Law Group, we also assist business owners with Petitions for Sentence Reduction or Record Expungement which have been previously denied. We pride ourselves on taking a comprehensive strategy to defend the business owner’s freedom.
Defense Strategy Components
Depending on the business owner’s circumstance, the defense strategy may include:
Requesting a meeting with the U.S. Attorney’s Office and/or law enforcement to present evidence to either refute the allegation that a crime 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, evaluate the scene or evidence;
Developing a good faith defense if confusion about legal requirements is at issue. This may include documentation showing reasonable interpretations; or if necessary recommend negotiating a resolution to address any criminal liability;
Creating a mitigation strategy for sentencing. Sometimes in our lives we suffer business hardships, financial stress, situational difficulties, or even just go through an extended period of challenges. In these instances, a business owner is not in need of criminal prosecution by the government, they need understanding and context;
Assisting the professional with gathering the necessary mitigation documents to support a defense package and/or prepare for trial with the Federal District Court.
Potential Criminal Outcomes From The U.S. Attorney’s Office
An investigation with or without a letter stating that the matter had been closed – not considered formal charges.
A Criminal Complaint with or without a warrant.
Criminal charges filed by the U.S. Attorney’s Office. This is a legal filing that will be made public via the court system.
Pre-Trial Intervention or Diversion Program acceptance. A type of resolution for qualifying offenders resulting in dismissal.
Probation. A period of time whereby a defendant is subject to restrictions by the Court. The defendant is allowed to continue with supervised release.
Incarceration. A defendant will serve time in federal custody, potentially for years.
Federal Criminal Defense FAQs
Can I Represent Myself Before Criminal Court?
You can represent yourself before the Federal District Court. However, doing so is rarely in your interests. Under federal law, you have a right to be represented by an attorney throughout the investigation and criminal process.
Criminal investigations are a formal process that often culminates in criminal charges, which may include being put on probation or having your freedom taken by imprisonment. In some cases, an investigation may even lead to decades in federal prison. Legal representation can be crucial to protecting your freedom and your future.
The mission of the U.S. Attorney’s Office, in part, is to prosecute criminal offenses. While members of the prosecution team may be professionals, they are not your friends. During investigations and criminal proceedings, their goals generally do not align with yours.
What Should I Do If I’m Under Investigation?
If you learn that you are under investigation by the U.S. Attorney’s Office, you should consult with a federal criminal defense lawyer to evaluate the strategy for your matter. If an investigator from law enforcement reaches out, you should politely refuse to speak to them until your attorney can be present.
As tempting as it may be, do not contact the U.S. Attorney’s Office to try to explain the situation. Anything that you say to law enforcement or prosecutors could be used against you in a criminal prosecution or a civil proceeding.
What Are the Timelines?
If you receive a target letter or criminal complaint, you must respond within the specified timeframe. This deadline is typically within days and cannot be extended.
Investigation timelines vary. Initial review typically requires substantial time. Complex investigations may add additional months. Serious cases can extend beyond one year.
The U.S. Attorney’s Office’s criminal enforcement is described as aggressive and ongoing.
Why Federal Cases Require Specialized Defense
Federal courts and the Federal District Court present unique challenges. The judges who preside over these matters have extensive experience with criminal cases.
The U.S. Attorney’s Office maintains coordination with other federal law enforcement agencies. Criminal prosecutions often proceed simultaneously with related civil actions.
Business owners facing federal charges face serious consequences that can affect their professional licenses and business operations. Criminal charges can end careers and destroy businesses.
Contact Spodek Law Group
Todd Spodek has represented business owners 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.
Time is critical. Criminal deadlines 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 business reputation represent years of work and substantial investment. Protecting them requires experienced representation familiar with U.S. Attorney’s Office procedures and federal criminal law.
212-300-5196