Criminal Defense Lawyers

Utah PPP Loan Fraud Lawyers

Last Updated on: 11th March 2025, 10:32 pm

Utah PPP Loan Fraud and EIDL Loan Fraud Lawyers
Brought to you by the Spodek Law Group

If you’re reading this, it’s because you—or someone you love—faces an allegation of PPP (Paycheck Protection Program) or EIDL (Economic Injury Disaster Loan) fraud in Utah, and you need an attorney right now. At Spodek Law Group, we know how daunting and confusing this feels. Federal prosecutors are coming after you, threatening serious penalties, and you’re worried about your freedom, your finances, and your future. We get it. We’ve spent decades building our reputation as a top-rated, nationwide criminal defense law firm, with over 50 years of combined experience—and we’re prepared to fight for you at every stage of this process.

Why Federal PPP/EIDL Fraud Allegations Are So Serious

You might be asking: “Why is the federal government involved in my business loan?” It’s because PPP and EIDL programs are administered by the Small Business Administration (SBA) under the authority of the federal government. Any misuse, misrepresentation, or misallocation of these funds often implicates federal statutes—such as 18 U.S.C. § 1343 (Wire Fraud), 18 U.S.C. § 1344 (Bank Fraud), 18 U.S.C. § 1014 (False Statements to a Financial Institution), or 18 U.S.C. § 641 (Theft of Government Funds). In plain English: once you cross that threshold of allegedly lying to a federally backed entity, you’re in the crosshairs of agencies like the DOJ, FBI, IRS, and SBA OIG.

Moreover, federal prosecutors have immense resources and a very methodical approach. They scour your bank records, emails, and even internal business memos. They investigate your entire financial life, looking for any sign that you intentionally deceived the government to obtain or misuse federal money. At Spodek Law Group, our mission is to challenge them at every turn—questioning every piece of evidence, every assumption, and every legal argument. We believe that if the government wants to charge you, they must prove their case beyond a reasonable doubt, and we will force them to do exactly that.

Navigating Federal vs. State Jurisdiction in Utah

Although you reside in Utah, these cases typically land in federal court because the loans themselves originate from federal funds. Federal jurisdiction means we’re dealing with the United States Attorney’s Office, federal judges, and federal sentencing guidelines—rather than local Utah prosecutors or courts. That might feel intimidating, but rest assured: Spodek Law Group has a national presence, and we regularly handle cases coast-to-coast. We’re not limited by geography. We have the digital infrastructure, investigative resources, and relationships to represent you, whether you’re in Salt Lake City, Provo, Ogden, or anywhere else in Utah.

We also frequently address questions about “double jeopardy,” safeguarded by the Fifth Amendment, which prevents you from being tried twice by the same sovereign for the same offense. But remember the “dual sovereignty” concept: in rare cases, you could be charged at both state and federal levels, if each jurisdiction’s laws were violated. Still, PPP/EIDL-related matters almost always remain in federal court. Our job is to ensure your constitutional rights are honored—whether that’s asserting Fourth Amendment protections against illegal searches or preventing prosecutorial overreach.

Federal Sentencing Guidelines and Consequences

When it comes to PPP/EIDL fraud, the stakes are massive. A conviction can involve lengthy prison time, steep fines, and a daunting restitution order. Under the United States Sentencing Guidelines (U.S.S.G.), judges weigh factors like the total monetary loss, how many victims were affected, and your prior criminal history. They also assess whether you obstructed justice or accepted responsibility (§ 3E1.1). For instance, if prosecutors argue that your PPP/EIDL misrepresentations caused hundreds of thousands—or even millions—of dollars in loss, the penalty range climbs sharply.

Our attorneys at Spodek Law Group have an in-depth command of these guidelines, and we will work tirelessly to minimize your sentencing exposure. We’ll highlight any mitigating factors—like your lack of prior criminal conduct, confusion about constantly changing SBA guidance, or genuine efforts to repay the funds. If there’s room to argue for a more lenient sentence, we’ll pursue it with relentless determination.

Defense Strategies: Real-World Scenarios

We believe a solid defense strategy emerges when we consider every angle. Here’s how we approach PPP/EIDL fraud charges under several plausible scenarios:

1. Scenario A: Honest Mistake, No Criminal Intent
   • Story: You’re a small business owner in Utah, juggling payroll and overhead in the chaos of the pandemic, and you misread the SBA guidelines—maybe by accidentally double-counting employees or including ineligible expenses.
   • Defense Strategy: We emphasize your lack of mens rea—no knowing intent to defraud. Under 18 U.S.C. § 1343 and § 1014, the government must prove you intended to commit fraud. If the evidence shows a good-faith misunderstanding—perhaps supported by accountant testimony or numerous emails documenting your genuine attempts at compliance—then we push for a dismissal or significantly reduced charges. We’ll also reference cases like United States v. Gaudin, 515 U.S. 506 (1995), which reinforced the government’s burden to prove materiality in false statements.
2. Scenario B: Improper Search & Seizure
   • Story: Investigators showed up at your office or home, seizing computers and files—without a properly executed warrant or probable cause.
   • Defense Strategy: We fire back using the Fourth Amendment. If the government overstepped constitutional boundaries, we move to suppress any evidence they obtained from that unlawful search—following key precedents like Mapp v. Ohio, 367 U.S. 643 (1961). Without that improperly seized data, the prosecution’s case may collapse.
3. Scenario C: Reliance on Bad Advice
   • Story: You relied on a third-party consultant who claimed to be an “expert” in SBA loans. Unbeknownst to you, they fudged the numbers or submitted false statements in your name.
   • Defense Strategy: We highlight that you placed good-faith trust in an advisor’s purported expertise—thus undermining the notion you intentionally tried to deceive the government. We meticulously review communications between you and the consultant to show you were a victim of misinformation, not a willing co-conspirator.
4. Scenario D: Administrative Confusion
   • Story: In the early days of the pandemic, PPP and EIDL rules were evolving almost weekly. You made a move based on outdated SBA FAQs.
   • Defense Strategy: We vigorously document the changing guidelines, illustrating how they created a fog of confusion. If the government can’t show you acted maliciously or deceptively, then they can’t meet the “intent” element required under 18 U.S.C. § 1014 or § 641.
5. Scenario E: Negotiating a Deal or Cooperation
   • Story: You realize some wrongdoing did occur, and you want the best possible outcome—like reduced charges, probation, or minimal jail time.
   • Defense Strategy: We leverage mitigating factors—lack of criminal history, community ties in Utah, willingness to repay funds—to argue for leniency. In many white-collar cases, strategic cooperation or restitution can persuade prosecutors or the judge to reduce the severity of the sentence. A plea deal might be the right path, but only after we explore every alternative first.

How Spodek Law Group Helps Utah Clients

We understand you have plenty of local attorneys here in Utah, but Spodek Law Group brings a unique, nationwide track record you can’t ignore. We’ve been featured on major media outlets for our handling of high-profile criminal cases, and our managing partner, Todd Spodek, is a second-generation attorney who’s fought—and won—cases many believed unwinnable. Our online portal allows you to stay connected 24/7, upload documents securely, and track every stage of your defense from the comfort of your home or office.

Our philosophy is rooted in personal attention. We don’t operate like a mill, taking on every single client who walks in. Instead, we focus on clients we can genuinely help. If you call us, we will provide a risk-free consultation where you can share your story—openly, confidentially, and without judgment. Our job is to be your advocate, your champion, and your shield against federal overreach.

The Stakes: Don’t Delay

If you’ve been contacted by federal agents, received a target letter, or already been arrested—now is not the time to wait. The DOJ moves quickly and aggressively. Evidence is gathered. Witnesses are questioned. Banking records are subpoenaed. You need an experienced defense team that will get in front of these issues before they spiral out of control. We also understand how anxiety-ridden this process can be, which is why we’re here—24/7—to answer your calls and guide you forward.