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North Dakota PPP – SBA – EIDL Loan Fraud Lawyers

March 21, 2024 Uncategorized

North Dakota PPP – SBA – EIDL Loan Fraud Lawyers

The COVID-19 pandemic brought unprecedented government assistance to small businesses and workers across the country. The Paycheck Protection Program (PPP) and Economic Injury Disaster Loan (EIDL) program dispensed billions of dollars in loans and grants to help companies stay afloat during mandated shutdowns and revenue loss. However, with so much money flowing so quickly, fraud was rampant in North Dakota and nationwide.

Now, the government is cracking down hard on PPP and EIDL fraud in North Dakota with criminal charges carrying steep penalties. If you’re being investigated or charged in North Dakota, you need an experienced white collar defense lawyer who understands these complex cases. Here’s why:

Federal Prosecutors Are Making PPP and EIDL Fraud a Top Priority

The Department of Justice (DOJ) is coordinating with the Small Business Administration (SBA) Office of Inspector General (OIG) to detect, investigate and prosecute cases of COVID relief fraud across the country, including many cases originating in North Dakota.

U.S. Attorney General Merrick Garland said, “The Justice Department will continue to zealously pursue accountability for wrongdoing in connection with the distribution of relief funds.”

Severe Punishments for PPP and EIDL Fraud

The government is sending a clear message that PPP and EIDL fraud will be punished severely in North Dakota. You need an attorney with the skills and experience to vigorously defend your rights.

Prosecuting pandemic fraud involves weaving together multiple complex federal statutes and regulations. Cases typically rely on charges like:

  • Wire fraud
  • Mail fraud
  • Bank fraud
  • False statements
  • Identity theft
  • Money laundering

In addition, the PPP and EIDL programs have extensive rules about eligibility, allowable uses of funds and forgiveness. Just determining whether there was fraud requires navigating volumes of federal regulations and SBA guidance. An attorney well-versed in the programs’ fine print can often find exemptions, exceptions or extenuating circumstances the government failed to consider. This can undermine the prosecution’s entire theory of guilt.

Highly Complex Cases Require Experienced Legal Representation

With so much at stake, you need a lawyer who understands the complex interaction of pandemic relief laws, banking regulations and criminal statutes. A conviction on just one PPP or EIDL fraud charge can potentially land you behind bars for decades. That’s because prosecutors frequently stack multiple serious felony charges carrying severe penalties.

Avoid Losing Everything

A skilled lawyer knows how to negotiate with prosecutors to minimize forfeitures and collateral consequences. This can be the difference between starting over post-conviction and losing everything.

PPP and EIDL fraud investigations nearly always begin with an audit by the SBA Office of Inspector General (OIG). The SBA OIG looks for red flags like:

  • Suspicious IP addresses, emails or bank accounts used on multiple applications
  • Duplicate information like names, addresses and bank accounts
  • Loans approved despite ineligibility or incomplete documentation
  • Funds used for obviously ineligible purposes
  • Businesses that don’t exist at the address provided

If the SBA OIG detects potential fraud, they make a criminal referral to federal law enforcement agencies like the FBI, IRS, Secret Service or Postal Inspectors. These agencies dig deeper, gather additional evidence and ultimately refer cases to federal prosecutors.

When an audit puts your business and freedom at risk, you need a lawyer who knows how to successfully navigate the SBA appeals process from start to finish.

Tips for Finding the Best PPP/EIDL Fraud Lawyer in North Dakota

Facing PPP or EIDL fraud charges in North Dakota can be daunting. But the right lawyer can mean the difference between prison and preserving your freedom. Here are tips on finding the best attorney for your case:

  • Look for extensive experience with PPP and EIDL cases. Of course, most attorneys can read up on the rules. But look for those who have already handled PPP and EIDL cases extensively. Their experience with the complex programs can help uncover irregularities and deficiencies in the prosecution’s arguments.
  • Find someone comfortable litigating cases. While most federal cases end in plea agreements, you want a lawyer comfortable going to trial. Prosecutors know which defense attorneys actually litigate cases and which ones exclusively negotiate pleas. This affects their settlement posture.
  • Choose a seasoned federal fraud litigator. Experience litigating fraud and financial crime cases also prepares your lawyer to thoroughly evaluate weaknesses in the prosecution’s case. This puts them in the strongest position when negotiating a plea deal if you decide to go that route.
  • Consider attorneys who handle parallel civil cases. Many federal fraud cases also involve parallel civil investigations by agencies like the SBA or SEC. For example, the government may seek civil penalties and recoupment of funds in addition to criminal prosecution.

Conclusion

If you or your business are being investigated or charged with PPP or EIDL fraud in North Dakota, you’re facing a complex, high-stakes legal battle. The right lawyer can help minimize your criminal, financial and reputational exposure.

Use the expertise above to search for an attorney with the skills, experience and tenacity to give you the best chance of success in North Dakota. Then thoughtfully evaluate candidates to choose the one who makes you feel most comfortable and confident.

With so much on the line, investing time to select premier legal representation is one of the smartest decisions you can make. An experienced federal fraud lawyer who believes in your case can be the difference between imprisonment and exoneration. Let an elite North Dakota attorney protect your rights, freedom and future.

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Todd Spodek

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JEREMY FEIGENBAUM

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ELIZABETH GARVEY

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CLAIRE BANKS

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RAJESH BARUA

Of-Counsel

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CHAD LEWIN

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