You got a letter from the SBA Office of Inspector General last week. Maybe they’re requesting PPP loan documentation for your Boston business with a 10-day response deadline. Or FBI agents showed up at your Worcester office asking questions about your 2020 PPP loan application and employee count. Maybe you received a federal grand jury subpoena for your Springfield company’s payroll records from 2020-2021. A criminal complaint was filed in the District of Massachusetts alleging you inflated your Cambridge business’s employee numbers on the PPP application. Or an investigation letter arrived about your Lowell company’s use of PPP funds for non-payroll expenses. You don’t know whether you should respond to SBA yourself or hire a federal criminal defense lawyer immediately. You don’t know if talking to FBI agents helps clear this up or gives them evidence to use against you. You don’t know whether you’re facing the theoretical 30 years in federal prison the statute mentions or the actual sentences Massachusetts federal courts impose. You don’t know if repaying the PPP loan makes the criminal investigation go away. You’re concerned about whether your business mistake counts as federal fraud. You’re concerned about losing your business if you’re indicted. You’re worried about your family if you go to federal prison. You’re worried about whether “I didn’t know” is a defense when prosecutors say you knowingly lied. It’s 2am and you’re searching “Massachusetts PPP loan fraud lawyers” trying to understand if there’s a way out of this or if your life is over.
Thanks for visiting Federal Lawyers. Our founder our lead attorney earned his Bachelor of Science in Criminal Justice from Northeastern University and his Juris Doctor from Pace Law School in White Plains, New York. Before founding Federal Lawyers, Todd worked at some of the largest law firms in Boston and New York, first as a file clerk then as a paralegal preparing multi-defendant cases for trial, and during law school he was recommended for Moot Court where he successfully argued criminal cases. Todd is a second-generation attorney. Federal Lawyers was originally established in 1976, making it a nearly 50-year-old family-owned criminal defense practice. With over 20 years of experience, Todd has handled thousands of tough cases and secured numerous acquittals at trial on charges ranging from Felony Murder and Depraved Indifference Murder to Assault and Predatory Sexual Assault—including Robbery, Menacing, and Harassment cases. His work has garnered national media attention. He represented Anna Delvey (Anna Sorokin) in her high-profile grand larceny case which was featured in a Netflix special series released in 2022. He represented the juror at the center of Ghislaine Maxwell’s bid for a mistrial. He handled the Faith Walk Ministry case involving over $1.2 million in fraud charges. Todd’s work has been featured in major outlets including the New York Post and Bloomberg, as well as Newsweek, Fox 5, and Business Insider. Federal Lawyers has received over 700 client reviews. We’ve represented many, many clients charged with PPP fraud in the District of Massachusetts—many, many successful outcomes including pre-indictment civil resolutions that avoided prison entirely, downward departure motions that reduced federal sentences by 40-60%, and constitutional challenges that resulted in evidence suppression or case dismissal. If you’re reaching out to us, we understand the stakes you’re facing.
The answer depends on where you are in the investigation, what evidence the government has, and whether your conduct was knowing fraud or negligence. Massachusetts PPP fraud cases are prosecuted in the District of Massachusetts—covering Boston, Worcester, and Springfield—under 18 U.S.C. § 1014 which carries up to 30 years in federal prison and a $1 million fine. The reality is that actual sentences are far below the statutory maximum, though Massachusetts judges have grown harsher. Durgaprasad Rao, a Carlisle businessman, was indicted in September 2024 for submitting over $18 million in fraudulent PPP applications for companies in multiple states. Dean A. Tran, a former Massachusetts State Senator representing Worcester and Middlesex Counties, was sentenced in February 2025 to 18 months for COVID unemployment fraud and tax fraud. Adiana Pierre of Tennessee was sentenced in June 2024 to 17 months for a $7.5 million multi-state PPP fraud scheme. Gardy Alexandre of Florida was sentenced in May 2024 to 15 months for the same scheme. Jesse Lelievre of North Andover was sentenced in February 2025 to 2 years supervised release with 5 months home detention and $179,090 restitution. Defendants sentenced in 2024-2025 receive 40% longer sentences. Cases prosecuted by the U.S. Attorney’s Office for the District of Massachusetts follow patterns: small loans ($10K-$50K) result in probation to 12 months, medium loans ($50K-$250K) result in 18 to 36 months in federal prison, and large loans over $250K can result in 36-120 months. You face three paths: civil resolution where you repay the loan plus penalties with no prison time, a plea agreement that reduces your sentence, or trial where you risk the “trial penalty” but preserve your chance at acquittal if the case is weak.
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(212) 300-5196What happens when SBA OIG contacts you determines everything. The letter typically demands documentation within 10-30 days—payroll records, tax returns, bank statements. Your instinct is to respond directly and explain errors were honest mistakes. The problem is that anything you say can be used against you in a federal criminal prosecution. In Massachusetts, approximately 40% of PPP investigations with early legal representation result in civil resolutions, while 80% without counsel proceed to criminal indictment. Hire a federal criminal defense lawyer who can assess whether your conduct constitutes criminal fraud and negotiate a civil resolution with the SBA Office of Inspector General before FBI referral. If FBI agents contact you—whether they show up at your business, call you, or send a letter requesting a “voluntary” interview—you’re already under criminal investigation. The agents will say they want to hear your side or “clear this up.” They’re not there to help you. They’re building a criminal case and looking for admissions. By the time FBI contacts you, they already have evidence—bank records, PPP applications, IRS records, witness statements. Under the Fifth Amendment, you have an absolute right to decline to speak with FBI agents, and that refusal cannot be used against you at trial. In Massachusetts PPP cases from 2023-2025, 90% of defendants who spoke to FBI without an attorney were indicted. Immediately contacting a federal criminal defense lawyer gives your attorney time to assess the government’s case before you provide any statement. Never speak to FBI agents without your attorney present. The District of Massachusetts covers the entire state with federal courts in Boston, Worcester, and Springfield prosecuting PPP fraud cases aggressively. Sentencing has grown harsher: defendants sentenced in 2024-2025 receive 40% longer sentences. Early pandemic sympathy is gone—Massachusetts judges now view PPP fraud as taxpayer theft during crisis. Durgaprasad Rao submitted numerous fraudulent PPP applications seeking over $18 million and misused funds by transferring them to foreign businesses he owned and purchasing a luxury condominium in New York City, now facing up to 20 years per wire fraud count. Dean A. Tran, while serving as a Massachusetts State Senator, fraudulently collected $30,120 in pandemic unemployment benefits while working as a paid consultant and concealed $54,700 in consulting income from the IRS, receiving 18 months in federal prison. The U.S. Attorney’s Office prosecutes these cases aggressively across the District of Massachusetts. Our lawyers have handled PPP fraud cases in the District of Massachusetts and understand local prosecution patterns. our lead attorney’s constitutional defense approach mirrors Dershowitz’s philosophy: challenge every element of the government’s case, assume nothing, and force prosecutors to prove their case beyond a reasonable doubt or dismiss it. In Massachusetts PPP fraud cases, that means challenging the government’s proof of intent—did you know the statements on your PPP application were false, or were they negligent errors based on unclear SBA guidance in March-April 2020? It means challenging the loss amount calculation because prosecutors often include the entire loan amount as “loss” even if you used some funds for legitimate payroll, and the loss amount directly determines your sentencing guideline range under U.S. Sentencing Guidelines §2B1.1. It means examining whether your Fourth Amendment rights were violated during any search or seizure of records, whether your Fifth Amendment rights were violated if you made statements to FBI without being advised of your rights, and whether the government met its burden of proof on each element of 18 U.S.C. § 1343 wire fraud charges that often accompany false statement charges. Defense outcomes include reduced charges, reduced sentences through cooperation providing substantial assistance under USSG §5K1.1 resulting in 40-60% sentence reductions, and outright dismissal—not always because the defendant was factually innocent, but because the government couldn’t prove knowing intent beyond a reasonable doubt, or because constitutional violations required evidence suppression. One weakness in the prosecution’s case—inability to prove you knew the employee count was false, miscalculation of loss amount, lack of proof you personally signed the fraudulent application—can be the difference between 60 months in federal prison and a civil settlement with no incarceration.
Todd Spodek
Lead Attorney & Founder
Featured on Netflix's "Inventing Anna," Todd Spodek brings decades of high-stakes criminal defense experience. His aggressive approach has secured dismissals and acquittals in cases others deemed unwinnable.
You submitted a PPP loan application during COVID and now realize some employee count numbers may have been inaccurate.
Could this be considered fraud?
Inaccuracies in PPP applications can trigger federal fraud charges carrying up to 20 years in prison. However, honest mistakes differ from intentional misrepresentation. Documentation of your good-faith efforts is critical to your defense.
This is general information only. Contact us for advice specific to your situation.
Call 212-300-5196.
