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Texas PPP Loan Fraud Lawyers
If you’re on our website, it’s likely because you’re in Texas, you’ve received that target letter—or maybe even a knock on your door—indicating you’re under investigation for PPP or EIDL loan fraud, and you need the best possible defense right now. At Spodek Law Group, we get it. We’ve spent over 50 years of combined experience fighting for clients facing serious federal charges, and we’re here to help with possible PPP and EIDL fraud concerns. Our criminal defense team has handled some of the toughest cases nationwide, including representing high-profile clients like Anna Sorokin (a.k.a. Anna Delvey), whose story made international headlines and became a Netflix series.
Why Texas PPP and EIDL Fraud Investigations Are So Serious
The PPP (Paycheck Protection Program) and EIDL (Economic Injury Disaster Loan) were created under the CARES Act, Pub. L. 116–136, to provide financial relief to businesses during unprecedented economic challenges. These funds are backed by the federal government and administered through the SBA (Small Business Administration). Because of that, the FBI, DOJ, or SBA’s Office of Inspector General often intervene when they suspect you provided false information—like overstating payroll, misclassifying employees, or misusing loan proceeds.
Even though you’re based here in Texas, these cases almost always end up under federal courts, often with charges like Wire Fraud (18 U.S.C. § 1343), Mail Fraud (18 U.S.C. § 1341), Bank Fraud (18 U.S.C. § 1344), or Making False Statements (18 U.S.C. § 1014). Federal prosecutors have virtually limitless resources, so you want an attorney who understands how to fight back and has the resources too. That’s where we come in. We know how overwhelming it can feel when you see your life turned upside down, and our priority is to build a defense designed to get your charges dismissed or reduced, or to negotiate a resolution that protects you.
Federal vs. State Jurisdiction in Texas
Sometimes, our clients ask if they can “just face Texas state charges” instead of dealing with federal court. In PPP/EIDL cases, the federal government usually takes the head lead because these are federal programs. But it doesn’t stop there. Under the “dual sovereignty” doctrine, you can be prosecuted by both state and federal agencies for the same underlying crime—though this isn’t typical with PPP/EIDL fraud. If state authorities see a violation of Texas law—like theft or money laundering at a state level—they could file their own set of charges. The concept of double jeopardy doesn’t necessarily protect you if two different “sovereigns” (federal and state) decide to go after you.
Our job is to navigate these potential legal issues, ensuring your exposure is minimized on all fronts. Our criminal attorneys want to build a strategy that either resolves everything in one central settlement or positions you so that parallel charges don’t crop up unexpectedly.
Why Choose Spodek Law Group for Your Texas Fraud Case
We aren’t like other law firms. Many firms see a big influx of new clients and act like a “mill,” taking on anyone who shows up. That’s not us. We’re selective: We focus on clients we can genuinely help, because we want to give you the time, resources, and personal attention you deserve. Most importantly, we want to get you the results you deserve.
- Top-Rated Attorneys, Nationwide: Our attorneys have been on major news outlets like Fox 5, New York Post, Newsweek, and more. We’re recognized for our legal prowess, our client-centric approach, and our willingness to tackle high-stakes cases.
- Rock-Star Communication: Our firm has a fully digital portal where you can communicate, upload documents, review updates, and see exactly what we’re doing behind the scenes—24/7.
- Decades of Combined Experience: Our managing partner, Todd Spodek, is a second-generation criminal defense attorney with a track record of success. We’ve handled cases that many attorneys call “unwinnable.”
When you hire the Spodek Law Group, you’re getting an extremely talented team that’s seen it all, from handling high-profile criminal defense cases to large-scale white-collar prosecutions. We leverage every ounce of our experience to fight for you.
Potential Penalties Under Federal Guidelines
Federal sentencing guidelines (18 U.S.C. § 3553 and the U.S. Sentencing Guidelines Manual) have not even one iota of wiggle room if you’re convicted of PPP/EIDL fraud. Factors that influence your sentencing include:
- Amount of Alleged Loss: The more you allegedly misrepresented, the higher your offense level.
- Number of Alleged Victims: If the prosecution claims multiple victims—like multiple banks or lenders—your punishment exposure could increase.
- Criminal History: A prior record can raise your offense level, resulting in harsher penalties.
- Role in the Offense: If they think you were the “mastermind,” you could face leadership enhancements.
Punishments for PPP and EIDL fraud can range from probation to decades in federal prison, plus massive fines and restitution orders. Our goal, plain and simple, is to either get your case dismissed or secure an outcome that keeps you from losing your freedom and your life savings.
Roleplaying Defense Strategies
We believe strongly that defense is not “one size fits all.” Every single criminal defense situation requires nuance, creativity, and a deep understanding of your unique story. Below are scenarios we commonly see in PPP/EIDL fraud investigations, along with the legal strategies we might employ.
- Good Faith Error / No Criminal Intent
- Scenario: You’re a small business owner in Dallas who legitimately needed funds but overstated your payroll when you applied.
- Defense Angle: We’d show you relied on confusing SBA guidelines, maybe you used an outdated form, or you simply didn’t interpret your tax returns properly. The government must prove you “knowingly” provided false info under 18 U.S.C. § 1014. If we demonstrate your error was unintentional, we can push for a dismissal or reduced charges so the case doesn’t move forward.
- Entrapment or Overreaching by the Lender / Agent
- Scenario: A lender’s representative told you, “Don’t worry about these details,” or even encouraged you to inflate your numbers to qualify.
- Defense Angle: Under Jacobson v. United States, 503 U.S. 540 (1992), entrapment occurs if law enforcement or their agents implant the criminal idea into an otherwise unwilling person. If you were essentially coached to commit these alleged frauds, we can make a strong entrapment argument.
- Lack of Evidence / Fourth Amendment Violations
- Scenario: The FBI raided your home office and seized your computers, but the warrant was overly broad.
- Defense Angle: We challenge the validity of the search warrant. If law enforcement violated your Fourth Amendment rights, the evidence they seized might be excluded under United States v. Leon, 468 U.S. 897 (1984). Without that key evidence, the government’s case could crumble instantly.
- Duress
- Scenario: You were under pressure—your business was on the brink, your family’s well-being was in jeopardy, and someone you trusted insisted you needed to inflate numbers “just to survive.”
- Defense Angle: Although duress isn’t a good defense, it can significantly mitigate how prosecutors view your culpability in the crime. Our law firm will gather witness statements, texts, or emails showing your desperation or someone else’s threats, using that context to reduce or dismiss certain charges.
- Negotiated Resolutions: Restitution or Deferred Prosecution
- Scenario: You’re aware you may have erred on your loan application, and the prosecutor has substantial evidence.
- Defense Angle: We negotiate aggressively. Sometimes, a restitution-based resolution—where you pay back the funds—can result in a better deal. We can also pursue a deferred prosecution agreement (DPA), which means if you fulfill certain conditions (paying back funds, compliance, possibly community service), and in exchange the charges could be dropped. Under U.S. Sentencing Guidelines §5K1.1, cooperation can also lead to a reduced sentence, though we only recommend it if it’s genuinely in your best interest. We have experience with this.
Our Step-by-Step Process to Defend You
- Risk-Free Consultation: You call, we listen. We discuss the facts, ask questions, and figure out the best preliminary game plan.
- Investigative Deep Dive: We gather all documentation—loan apps, banking records, email chains with lenders—and we analyze every detail to find inconsistencies or flaws in the government’s case.
- Tailored Defense Strategy: Our attorneys work with you, we pool our collective experience to create the most compelling strategy. This includes exploring pre-trial motions, negotiating with prosecutors, or preparing for trial if needed.
- Execution and Communication: We keep you informed at every step of the case. Through our online portal, you see updates, filings, and next steps. You’re never in the dark.
- Resolution / Trial: Whether we get the charges dismissed, secure a plea bargain, or take it all the way to a jury trial, we stand by you every step of the way.
Preparing for Every Scenario
At Spodek Law Group, we don’t just plan one route. We plan multiple scenarios because we want you fully prepared.
- Scenario A: Dismissal – Our first aim is to get the case dismissed outright by exposing fatal flaws in the government’s allegations.
- Scenario B: Reduced Charges – If a dismissal isn’t possible, our criminal defense lawyers aim for lesser charges (like a misdemeanor instead of a felony) or reduced sentencing exposure.
- Scenario C: Trial – If you choose to fight in front of a jury, we’re ready. We’ve handled extremely complex federal trials and know how to challenge evidence, cross-examine witnesses, and present a compelling defense narrative.
We understand how confusing this process can be. The uncertainty alone can keep you up at night. But when you have a strong legal team by your side—one that prides itself on honesty, experience, and genuine empathy—you can start feeling some relief, even in the midst of chaos.
Why the Sooner You Call, the Better
Federal investigators are methodical. They gather information over time, often blindsiding unsuspecting business owners who assumed everything was fine. Don’t give them more time to build their case. The earlier we intervene, on your behalf the more opportunities we have to shape the narrative, secure exculpatory evidence, get evidence thrown out, and possibly shut down the investigation before it spirals.
Here at Spodek Law Group, we’re available 24/7, because crises don’t respect business hours.
Disclaimers and Next Steps
- No Guarantee of Results: While we’ve secured amazing outcomes for many clients, every case is different. Past results don’t guarantee future success.
- Educational Purposes Only: This article isn’t legal advice and doesn’t create an attorney-client relationship. You should consult us directly (or another qualified attorney) to discuss the nuances of your specific case.
If you’re ready to get started—or simply have more questions—call Spodek Law Group for a risk-free consultation.