florida ppp loan fraud lawyers

Florida PPP Loan Fraud Lawyers

Thanks for visiting Spodek Law Group. We’re a second-generation law firm managed by Todd Spodek, with over 40 years of combined experience handling federal criminal defense cases nationwide. If you’re facing a PPP loan fraud investigation in Florida, you’re probably feeling overwhelmed – and you should take this seriously. Florida federal prosecutors have been exceptionally aggressive in pursuing pandemic loan fraud, and they’re showing no signs of backing off in 2025.

The Southern District of Florida, Middle District of Florida, and Northern District of Florida have all charged hundreds of defendants with PPP-related fraud. Miami, Tampa, Orlando, Jacksonville – we’re seeing cases across the state. What makes Florida particularly challenging is the sheer volume of fraudulent applications that originated here, which means prosecutors have devoted significant resources to investigating and prosecuting these cases.

Why Florida Became a PPP Fraud Hot Spot

Florida saw an enormous number of PPP loan applications – far more than the state’s actual business population would suggest. Organized fraud rings operated here, filing hundreds of applications using fake businesses and stolen identities. But that’s not who we typically represent. We represent legitimate business owners who made mistakes on applications, who misunderstood program requirements, who inflated numbers they thought were reasonable estimates.

The problem is federal prosecutors in Florida don’t always distinguish between sophisticated fraud operations and honest business owners who screwed up. You might have rounded up your employee count. You might have included independent contractors you thought qualified. You might have used loan funds for expenses you believed were covered. None of that matters to investigators who see a discrepancy between your application and your documentation.

SBA Office of Inspector General agents are comparing your PPP application against your 2019 and 2020 tax returns. They’re pulling your payroll records. They’re looking at your business bank account to see where loan funds actually went. When they find inconsistencies, they refer cases to federal prosecutors. Miami, Fort Lauderdale, West Palm Beach, Tampa, Orlando – U.S. Attorney’s Offices across Florida are prosecuting these cases aggressively.

What the Charges Actually Are

Wire fraud under 18 U.S.C. § 1343 is the most common charge. If you submitted a loan application electronically and made false statements, that’s wire fraud. The statute carries up to 20 years in federal prison. Bank fraud under 18 U.S.C. § 1344 applies if you made false statements to obtain funds from a financial institution – also 20 years. Making false statements under 18 U.S.C. § 1001 covers lying to the federal government – up to 5 years.

Prosecutors stack these charges. You might face wire fraud for the initial application, bank fraud for submitting it to the lender, and false statements for certifying the information was accurate. Each count carries separate penalties even though they all relate to the same loan application. This gives prosecutors leverage during plea negotiations – agree to plead to one count and they’ll dismiss the others.

The sentencing exposure is significant. Federal Sentencing Guidelines calculate fraud offense levels based on the loan amount. A $20,000 loan puts you at one level; a $200,000 loan puts you much higher. Add enhancements for sophisticated means, for affecting a financial institution, for being an organizer. Then factor in your criminal history. Even first-time offenders face prison time for large loan amounts unless there are substantial mitigating factors.

How Florida Federal Courts Handle These Cases

We’ve watched Florida judges sentence PPP fraud defendants over the past two years. Some judges are relatively lenient with first-time offenders who used funds partially for business purposes. Others take any pandemic fraud very seriously, viewing it as exploiting a national emergency for personal gain. The judge you get matters enormously.

In the Southern District of Florida, judges in Miami federal court have varied sentencing approaches. Some have imposed probation for defendants with smaller loan amounts who cooperated. Others have given prison sentences even to defendants with no criminal history. The Middle District judges in Tampa and Orlando have been similarly inconsistent. Northern District judges in Tallahassee and Jacksonville tend toward stricter sentences, but there are exceptions.

What influences sentencing? How much money you received. Whether you used it for business versus personal expenses. Whether you cooperated with investigators. Whether you accepted responsibility early or fought charges until trial. Whether you have a criminal history. How sophisticated the fraud was. All of this gets argued at sentencing, and having a lawyer who knows how to present mitigating evidence effectively can mean the difference between probation and years in prison.

When Cooperation Makes Sense

Federal prosecutors in Florida frequently offer cooperation agreements. You plead guilty and agree to assist in their investigation of other loan fraud schemes. If your cooperation provides substantial assistance, they’ll file a motion for downward departure under U.S.S.G. § 5K1.1, which can reduce your sentence below guideline ranges – sometimes significantly.

But cooperation isn’t right for everyone. You’re admitting guilt. You’re potentially testifying against others. You’re spending months in proffer sessions detailing everything you know about other fraudulent applications. And there’s no guarantee the sentence reduction will be worth it – that’s entirely discretionary with the prosecutor and judge.

We’ve had Florida clients who cooperated and received probation when they were facing years in prison. We’ve had others who rejected cooperation, went to trial, and won acquittals. The decision depends on the strength of the government’s evidence against you, how much information you have that’s valuable to prosecutors, and your personal tolerance for risk. Your lawyer should walk you through these options clearly before you commit to any path.

Defenses That Work in PPP Fraud Cases

Good faith mistake negates criminal intent. If you genuinely misunderstood the application requirements – maybe you thought independent contractors counted toward your employee total, or you believed certain business expenses were covered – that undermines the government’s claim you knowingly committed fraud. The key is demonstrating your misunderstanding was reasonable given the confusing and rapidly changing program guidance in 2020.

Reliance on professional advice is another strong defense. If you worked with an accountant or attorney who helped with your application, and you accurately disclosed your business information to them, their errors or misinterpretations don’t become your criminal liability. We build this by gathering all communications with advisors showing you relied on their expertise.

Lack of personal benefit helps at sentencing even if not a complete defense. If loan funds went to legitimate business expenses – payroll, rent, utilities – rather than personal purchases, that changes how judges view your case. It’s the difference between someone who made aggressive calculations to help their struggling business versus someone who scammed the government for personal enrichment.

What About Statute of Limitations?

Wire fraud and bank fraud have a 10-year statute of limitations when they involve financial institutions. PPP loans were issued primarily in 2020 and 2021, which means most cases need to be charged by 2030-2031. We’re not even halfway through that window. If you think your case is old enough that prosecutors have moved on, you’re wrong – they’re still actively investigating loans from years ago.

Some defendants ask whether they should just wait out the statute of limitations. Bad idea. First, if you’re already under investigation, waiting doesn’t help – they’ll indict you before the deadline. Second, if you’re not under investigation yet, you could face charges years from now when memories have faded and documentation is harder to gather. Third, the statute can be tolled in certain circumstances, extending the deadline.

Why Spodek Law Group for Florida Cases

We handle federal criminal defense cases nationwide from our New York offices. Federal law applies the same way in Florida as it does anywhere – same criminal statutes, same sentencing guidelines, same rules of procedure. What varies is local prosecutor culture, judicial temperament, and enforcement priorities. We adapt by consulting with local Florida counsel, researching recent case outcomes in your specific district, and tailoring our arguments to what resonates with your judge.

Todd Spodek is a second-generation lawyer who grew up watching his father practice criminal defense. He’s handled everything from high-profile cases featured on Netflix to complex white-collar prosecutions that never made headlines. Our team includes former federal prosecutors who understand how these investigations work, what evidence the government needs, and where the weaknesses are in their cases.

We get involved early – before charges if possible. Sometimes we conduct our own investigation, gather exculpatory evidence, and present it to prosecutors in a way that convinces them not to file charges. Other times we negotiate favorable plea agreements that minimize your exposure. And when necessary, we go to trial. We’ve taken on cases other firms said were unwinnable.

You can reach us 24/7. Initial consultations are risk-free with no time limits – we want you to fully understand your situation. We use a digital portal for all communications, documents, and billing so you can manage your case from anywhere in Florida. And we work on transparent fee structures without hidden costs or surprises.

What You Must Do Now

Don’t talk to federal agents without a lawyer present. Even if you think you’re just providing clarification or helping their investigation, everything you say can and will be used against you. Agents are trained to ask questions that elicit admissions or create inconsistencies in your story. Those inconsistencies become evidence of lying – which is itself a separate federal crime under 18 U.S.C. § 1001.

Don’t destroy any documents or delete any communications. That’s obstruction of justice under 18 U.S.C. § 1519, carrying up to 20 years in federal prison. Even if an email or bank statement seems damaging, destroying it after you know you’re under investigation makes everything exponentially worse. Your lawyer can work with problematic documents; prosecutors use destroyed documents to prove consciousness of guilt and add new charges.

Don’t discuss your case with anyone except your attorney. Not your business partner. Not your spouse. Not your accountant. Federal investigators can subpoena all of them to testify about what you said. Only attorney-client communications are privileged. Everything else is fair game.

Hire a federal criminal defense lawyer who handles white-collar cases, not a general practice attorney. PPP fraud prosecutions are specialized – they involve complex financial documentation, sentencing guideline calculations, cooperation negotiations, and federal court procedure. You need someone who does this regularly.

Call us before this gets worse. PPP fraud investigations don’t just disappear. They either result in declined prosecution – which requires your lawyer actively presenting your defense to prosecutors – or they result in indictment. Which outcome you get depends largely on having experienced representation from the moment you learn you’re under investigation. The earlier we get involved, the more options you have and the better outcome we can achieve.