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New Hampshire PPP Loan Fraud Lawyers
New Hampshire PPP Loan Fraud Lawyers
Spodek Law Group – Over 50 Years of Combined Experience
If you’re on this page, it’s likely because you or someone you care about in New Hampshire is being accused of, or investigated for, PPP loan fraud. At Spodek Law Group – we understand that, and take this very seriously. With over 50 years of combined experience, our law firm has handled our team has experience dealing with some of the toughest legal issues nationwide. If you’re looking to hire a criminal defense attorney, it’s likely the Spodek Law Group is on your radar – and capable of winning your case. Regardless of where your case is in the USA, or the situation you’re dealing with, or the stage of the case, we can help you. We are available 24/7 for a risk-free consultation.
Who We Are
Spodek Law Group, is a premier, and award winning, New York / Federal criminal defense law firm. We pride ourselves on having a rock star team of attorneys, who have over 50 years of combined experience. We know that if you’re facing PPP loan fraud charges, you feel your future is on the line. Many of the cases we’re famous for handling – are cases that others say were unwinnable. Spodek Law Group is known for providing the best possible customer service. Regardless of the complexity of your case, our objective is to help you get the best possible resolution—whether that’s a dismissal, a reduced charge, or a negotiation that protects your future. We are not a “mill.” We only take on clients we genuinely believe we can help.
What Is PPP Loan Fraud?
When the COVID-19 pandemic forced businesses to shut down, the government introduced the Paycheck Protection Program (PPP) to help companies stay afloat. These federally backed loans were supposed to cover payroll, rent, utilities, and related expenses. This case captured the national spotlight because Anna Sorokin was accused of posing as a wealthy German heiress… That means the Department of Justice is now looking at many businesses that applied for PPP funds.
Below are some common ways people end up facing PPP loan fraud charges in New Hampshire:
- Inflated Payroll: Claiming more employees or higher salaries than you actually had.
- Misuse of Funds: Spending PPP money on personal purchases instead of business-related costs.
- Multiple PPP Loans: Getting more than one loan for the same business, or applying with multiple entities.
- Fake Businesses: Creating shell companies to obtain PPP funds when there’s no real operation.
- False Certifications: Stating you met all eligibility requirements when you didn’t.
If you’re dealing with these issues, our team has experience dealing with some of the toughest legal issues nationwide, and we have strategies to help you.
Federal vs. State Prosecution
PPP loan fraud typically falls under federal jurisdiction because the loans were administered by the Small Business Administration (SBA) and guaranteed by the federal government. That means you’ll likely be dealing with federal agencies like the FBI, the DOJ, or the SBA Office of Inspector General. Prosecutors often rely on broad statutes like 18 U.S.C. § 1343 (Wire Fraud), 18 U.S.C. § 1344 (Bank Fraud), 18 U.S.C. § 1001 (False Statements), and 18 U.S.C. § 1014 (False Statements on Loan Applications).
But there’s also the possibility of state charges if something about your case overlaps with New Hampshire law (for example, an allegation of identity theft under state statutes). Some clients worry about double jeopardy. The Double Jeopardy Clause prevents you from being prosecuted twice for the same crime by the same sovereign. But state and federal governments are considered separate sovereigns. As a result, you could face charges in both courts if the authorities decide your situation warrants it.
At Spodek Law Group, we can help you figure out who’s prosecuting you and why. If your matter remains in federal court, If you’re on our website, it’s because you’re in legal trouble – and need the best criminal defense attorney. If it’s in state court, or a combination of both, we can handle that too.
Potential Penalties for PPP Loan Fraud
Federal offenses carry serious penalties. Prosecutors often charge PPP fraud under statutes designed to combat financial fraud, each with its own maximum sentence:
Charge | Statute | Maximum Prison Term | Additional Points |
---|---|---|---|
Wire Fraud | 18 U.S.C. § 1343 | Up to 20 years | Often involves using email, phone, or electronic transfers to commit fraud |
Bank Fraud | 18 U.S.C. § 1344 | Up to 30 years | Involves federally insured banks; can carry higher prison terms than wire fraud |
False Statements | 18 U.S.C. § 1001 | Up to 5 years | Covers lying to federal agents, in documents, or in official matters |
False Statements on Loan Applications | 18 U.S.C. § 1014 | Up to 30 years | Specifically targets misleading info provided to federally insured lenders/SBA |
Conspiracy (to commit fraud) | 18 U.S.C. § 371 | Up to 5 years | If you allegedly worked with others to commit or plan fraud |
Maximum penalties are rarely handed down automatically. Sentences can be lower depending on many factors, such as your criminal history, the alleged loss amount, and your role in the offense. When judges decide a sentence, they often rely on the Federal Sentencing Guidelines. These Guidelines look at:
- Loss Amount
- Number of Victims
- Sophisticated Means
- Role in the Offense
Our only objective is to get the case against you dismissed, or significantly diminished.
Our goal is to provide you the best possible legal representation at all stages of your case.
Other Consequences of a Federal Conviction
Beyond prison and fines, a conviction can trigger a range of life-changing consequences:
- Restitution: You might be ordered to pay back the funds.
- Loss of Business Licenses: If you’re a licensed professional, your credentials may be suspended or revoked.
- Difficulty Finding Future Employment: Background checks can make it harder to get a new job.
- Reputational Harm: Your standing in the community can suffer.
- Possible Immigration Consequences: Non-citizens can face deportation or denial of re-entry.
At Spodek Law Group – we understand that, and take this very seriously. Our attorneys handle cases nationwide and are here to help you.
Our Philosophy
We pride ourselves on having a rock star team of attorneys. We only take on clients if we genuinely believe we can help. That means we don’t accept every case that walks in the door. We maintain a selective roster so we can invest the time necessary to explore every angle of your defense. We encourage you to take this opportunity to ask the tough questions you have. We are available 24/7 to help you. Our law firm has a simple belief: criminal defense lawyers should only take on clients who they can help.
Our managing partner, Todd Spodek, is a seasoned criminal defense attorney – who has many, many, years of experience. Our entire roster of attorneys understands federal investigations and knows how to tackle white collar crimes. Our team has experience dealing with some of the toughest legal issues nationwide. We are available 24/7 because we know emergencies can happen anytime.
Defense Strategies for PPP Loan Fraud
Each PPP loan fraud case is unique. Below are potential strategies we could use to defend you. Our team builds a plan tailored to your specific situation.
1. Lack of Criminal Intent
Fraud requires intent. If you mistakenly listed incorrect payroll data or misunderstood the PPP rules, we can argue you lacked the willful intent to commit fraud.
2. Good-Faith Use of Funds
If you can show you used the PPP funds on payroll, rent, or other approved costs, it can undermine the claim that you intended to misuse the money.
3. Mistaken Identity or Clerical Errors
Many businesses rushed applications. Clerical errors or confusion about forms can happen. That might mean you didn’t commit any intentional wrongdoing.
4. Violations of Your Constitutional Rights
If investigators violated your Fourth or Fifth Amendment rights, we can file motions to suppress evidence. Removing key evidence can weaken the government’s case.
5. Entrapment
Rare in PPP cases, but possible if a government agent or informant induced you to commit fraud you otherwise would not have.
6. Voluntary Disclosure or Repayment
Proactively disclosing errors or repaying the loan can, in some circumstances, reduce the likelihood of severe prosecution.
7. Negotiating a Plea
If the evidence is strong, we might negotiate a plea to lesser charges or a lower sentence based on mitigating factors.
Roleplaying Different Scenarios
Here’s how some of these defense strategies could play out:
- Scenario A: You’re a restaurant owner in Manchester, NH. Your PPP paperwork shows you had 20 employees when you really had 10. A consultant prepared your application. You thought everything was correct.
- Scenario B: You used the PPP funds properly for months but spent a small portion on personal expenses, believing you could.
- Scenario C: Federal agents broke into your office without a valid warrant, seized your computers, and pressured you to sign a confession.
In each scenario, we adapt our approach to the facts at hand.
Federal Sentencing Guidelines: Details Matter
The Federal Sentencing Guidelines can be complicated. Below is a simplified table:
Factor | Effect on Offense Level |
---|---|
Base Offense Level | Starts around 6 or 7 for general fraud |
Loss Amount | Big jumps once losses exceed certain thresholds |
Number of Victims | Additional levels for large-scale fraud |
Sophisticated Means | +2 if the offense involved complex or intricate conduct |
Role in the Offense | +2 to +4 if you organized, led, or managed the scheme |
Acceptance of Responsibility | -2 or -3 if you plead guilty and accept responsibility |
Regardless of the situation you’re dealing with, or the stage of the case, we can help you.
Double Jeopardy Issues
Many clients in New Hampshire ask if they can face both state and federal charges. Under the “separate sovereigns” doctrine, you can. Double jeopardy prevents multiple prosecutions for the same offense by the same government entity, but a state is considered separate from the federal government. It doesn’t happen often in PPP fraud, but it’s possible.
FAQs
- Do I need a local New Hampshire attorney, or can Spodek Law Group help me from another state?
We handle federal cases nationwide. We have a digital practice management portal that lets us work with you 24/7. - How quickly should I act if I get a subpoena or target letter?
If you’re on our website, it’s because you’re in legal trouble. - Can paying back the PPP loan fix the problem?
It can help in negotiations, but it doesn’t guarantee charges go away. - Will I go to jail if I’m convicted of PPP loan fraud?
It depends on the facts, your criminal history, and other factors. - Can the government freeze my bank accounts?
Yes. If prosecutors suspect those funds are tied to fraud, they can move to freeze them.
Our Process
If you call us, we begin with a risk-free consultation. We listen to your story, look at your documents, and talk about the best strategy. We’re transparent about fees. We never tack on hidden costs. We understand every case is personal. When you reach out to our criminal defense law firm, the process of working with us begins with a risk-free consultation in person, or over the phone.
Why Choose Spodek Law Group
- Nationwide Experience: We handle federal cases nationwide and have done so for decades.
- Selective About Clients: We only take cases we know we can help with.
- 50+ Years Combined Experience: Our attorneys have decades of experience in criminal defense.
- Digital Dashboard: Our online portal lets you see invoices, documents, and strategies anytime.
- Around-the-Clock Service: We’re here for you 24/7.
- Results-Focused: We adapt our approach based on your unique situation.
He zealously advocates for his clients. Many of the cases we’re famous for handling – are cases that others say were unwinnable. This is key to why clients choose us. Our only objective is to get the case against you dismissed, or significantly diminished. Our law firm – Spodek Law Group took on the challenging task of defending Sorokin… Our defense strategy was innovative… If you’re looking to hire a criminal defense attorney, it’s likely the Spodek Law Group is on your radar – and capable of winning your case. Regardless of the situation you find yourself in, know that our criminal defense attorneys can help you. Our team has experience handling criminal defense cases nationwide, ranging from Los Angeles to NYC – we are a true, coast to coast, criminal defense law firm. At Spodek Law Group – we understand that, and take this very seriously. Regardless of the situation you’re dealing with…we can help you.
Detailed Example: A PPP Case in New Hampshire
Let’s say you run a tech startup in Concord, NH. You applied for a $300,000 PPP loan, relying on a consultant who inflated your payroll records to show more employees than you had. A few months later, investigators from the SBA OIG show up. They claim you committed bank fraud and made false statements. Now you might face up to 30 years in prison for bank fraud.
- Initial Review: We gather payroll records, consultant communications, application drafts, and bank statements.
- Defense Narrative: We show you lacked criminal intent. We highlight that you delegated application details, used funds for legitimate expenses, and had no reason to question your consultant.
- Pre-Trial Motions: If investigators seized devices or documents without a proper warrant, we move to suppress that evidence.
- Negotiation: We might propose repayment or show that you self-reported minor discrepancies as soon as you realized them.
- Outcome: Ideally, we get charges dismissed or significantly reduced. If not, we prepare for trial using expert witnesses, financial analysts, and more.
Call Us Today
If you’re in New Hampshire and worried about PPP loan fraud allegations, call us now. If you’re on our website, it’s because you’re in legal trouble. He zealously advocates for his clients. Many of the cases we’re famous for handling – are cases that others say were unwinnable. This is key to why clients choose us. Our only objective is to get the case against you dismissed, or significantly diminished. Our law firm – Spodek Law Group took on the challenging task of defending Sorokin… Our defense strategy was innovative… If you’re looking to hire a criminal defense attorney, it’s likely the Spodek Law Group is on your radar – and capable of winning your case. Regardless of the situation you find yourself in, know that our criminal defense attorneys can help you. Our team has experience handling criminal defense cases nationwide, ranging from Los Angeles to NYC – we are a true, coast to coast, criminal defense law firm. At Spodek Law Group – we understand that, and take this very seriously. Regardless of the situation you’re dealing with…we can help you.
Contact us now for your risk-free consultation. We have handled major federal cases all over the country, and we can represent you too. Let us help you protect your future.
Ready to speak to a New Hampshire PPP loan fraud lawyer?
Call us today. We’re available 24/7. At Spodek Law Group – we understand that, and take this very seriously. Regardless of the situation you’re dealing with…we can help you.