Florida PPP Loan Fraud Lawyers

You got a letter from the SBA Office of Inspector General last week, maybe requesting PPP loan documentation for your Miami business with a 10-day response deadline, maybe after FBI agents showed up at your Tampa office asking questions about your 2020 PPP loan application and employee count, maybe after you received a federal grand jury subpoena for your Orlando company’s payroll records from 2020-2021, maybe after a criminal complaint was filed in the Southern District of Florida alleging you inflated your Fort Lauderdale business’s employee numbers on the PPP application, maybe after an investigation letter arrived about your Jacksonville 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 Florida 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 “Florida PPP loan fraud lawyers” trying to understand if there’s a way out of this or if your life is over.

Thanks for visiting Spodek Law Group. Our founder Todd Spodek 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 Spodek Law Group, 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. Spodek Law Group 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. Spodek Law Group has received over 700 client reviews. We’ve represented many, many clients charged with PPP fraud across Florida’s three federal districts—Southern, Middle, and Northern—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 process, what evidence the government has against you, and whether your conduct was knowing fraud versus negligence or mistake. Florida PPP fraud cases are prosecuted in three federal districts—the Southern District covering Miami and Fort Lauderdale, the Middle District covering Tampa and Orlando, and the Northern District covering Tallahassee and Jacksonville—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 Florida judges have grown harsher. Lazaro Verdecia Hernandez of Miami was sentenced in April 2025 to 15 years for leading a scheme that disbursed over $14.5 million through 63 fraudulent PPP applications. Tramaine Liptrot, a Miami police officer, pleaded guilty in May 2025 to fraudulent applications totaling over $200,000. The Middle District has charged 109 defendants who collectively sought to defraud the government of over $96 million. Defendants sentenced in 2024-2025 receive 40% longer sentences than 2021-2022 for identical conduct. Cases prosecuted by the U.S. Attorney’s Office for the Southern District of Florida and other districts 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 36-180 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 in exchange for cooperation, or trial where you risk the “trial penalty” of a harsher sentence if convicted but preserve your chance at acquittal if the government’s case is weak.

What 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. If your response contradicts other evidence, you’ve provided additional fraud evidence. In Florida, approximately 40% of PPP investigations with early legal representation result in civil resolutions, while 80% without counsel proceed to criminal indictment. The critical decision point is in the first 10 days. Hire a federal criminal defense lawyer who can assess whether your conduct constitutes criminal fraud and potentially 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 Florida 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. Florida’s three federal districts affect prosecution patterns—the Southern District in Miami has prosecuted multiple public employees including police officers who fraudulently obtained PPP loans. The Middle District has charged 109 defendants collectively seeking $96 million. Sentencing has grown harsher: defendants sentenced in 2024-2025 receive 40% longer sentences than 2021-2022 for identical conduct. Early pandemic sympathy is gone—Florida judges now view PPP fraud as taxpayer theft during crisis. Lazaro Verdecia Hernandez submitted over 63 fraudulent applications resulting in $14.5 million disbursed and received 15 years. The U.S. Attorney’s Offices prosecute these cases aggressively across all three districts in Florida. Our lawyers have handled PPP fraud cases throughout Florida’s three federal districts and understand local prosecution patterns. Todd Spodek’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 Florida 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.

Call 212-300-5196.

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.