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How to Handle a Joint FBI & IRS Investigation into Your PPP Spending

March 21, 2024 Uncategorized

How to Handle a Joint FBI & IRS Investigation into Your PPP Spending

Yo, so you got hit with a joint FBI and IRS investigation over how you spent that Paycheck Protection Program money, huh? That’s like, a double whammy right there. Sounds pretty intense, not gonna lie. But don’t sweat it too much yet, we got your back with some tips on how to handle this situation.

First Things First, Stay Calm

I know, easier said than done when the feds are knocking at your door. But panicking ain’t gonna help nobody. Take a deep breath, grab a cold one if you need to, and let’s break this down step-by-step.

Understand What You’re Up Against

So, you got the FBI and the IRS teaming up on you. That’s like having the Avengers and the X-Men both coming at you at once. The FBI is looking at potential fraud and misuse of the PPP funds, while the IRS is focused on the tax implications. It’s a one-two punch, but don’t throw in the towel just yet.

Get Yourself a Good Lawyer, Like, Yesterday

This is not the time to try and represent yourself. You need a legal eagle in your corner, someone who knows how to deal with these kinds of investigations. Look for a lawyer who specializes in white-collar crime and has experience with federal investigations. Don’t just go with the first name that pops up on FindLaw, do your research and find someone you can trust.

Cooperate, But Don’t Overshare

Alright, so you got your legal team locked and loaded. Now, it’s time to play nice with the investigators. But don’t just spill your guts to them either. Here are some tips:

  • Be polite and cooperative, but don’t feel like you have to answer every single question right away. It’s okay to say “I’ll have to get back to you on that.”
  • Don’t lie or try to hide anything. That’ll only make things worse in the long run.
  • Don’t volunteer information they didn’t ask for. Stick to answering their questions directly.
  • Let your lawyer do the talking as much as possible. That’s what you’re paying them for, after all.

Get Your Ducks in a Row

While your legal team is handling the investigation side of things, you’ll want to start getting all your financial records and documentation in order. This includes:

  • Bank statements
  • Payroll records
  • Invoices and receipts
  • Loan applications and agreements
  • Communication with lenders or the SBA

Basically, anything and everything related to how you spent that PPP money. The more organized and transparent you can be, the better.

Build Your Defense Strategy

Work closely with your lawyer to figure out the best way to approach this investigation. Maybe there was a legitimate misunderstanding or mistake made when applying for the loan. Or perhaps you can argue that the funds were used in good faith to keep your business afloat during the pandemic.

Either way, you’ll want to have a solid defense strategy in place before things really start heating up. Your lawyer can help you figure out the best angle to take based on the specifics of your case.

Don’t Forget to Take Care of Yourself

Dealing with a federal investigation is stressful as hell, no doubt about it. But you gotta make sure you’re taking care of yourself too, mentally and physically. Here are some tips:

  • Exercise regularly to blow off some steam
  • Eat healthy and stay hydrated
  • Get enough sleep (easier said than done, I know)
  • Talk to friends and family for support
  • Consider therapy if you’re really struggling

This is a marathon, not a sprint. You gotta pace yourself and take care of your mental health too.

Resources

Here are some additional resources that might be helpful:

Images/Videos

Articles/Websites

The Bottom Line

Look, getting hit with a joint FBI and IRS investigation over your PPP spending is no joke. It’s a serious situation that could potentially land you in some hot water if not handled properly.

But if you follow the tips outlined here – stay calm, get a good lawyer, cooperate (but don’t overshare), get organized, build a solid defense strategy, and take care of yourself – you’ll be in a much better position to navigate this mess.

It ain’t gonna be easy, that’s for sure. But with the right legal team in your corner and a level head on your shoulders, you can get through this. Just don’t try to go it alone, and remember, we’re all rooting for you!

So take a deep breath, grab another cold one if you need it, and let’s get through this thing together. You got this!

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Todd Spodek

Founding Partner

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Associate

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JEREMY FEIGENBAUM

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ELIZABETH GARVEY

Associate

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CLAIRE BANKS

Associate

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RAJESH BARUA

Of-Counsel

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CHAD LEWIN

Of-Counsel

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