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Mississippi PPP – SBA – EIDL Loan Fraud Lawyers

March 21, 2024 Uncategorized

Mississippi PPP – SBA – EIDL Loan Fraud Lawyers

The Paycheck Protection Program (PPP) and Economic Injury Disaster Loan (EIDL) program were created by the federal government to provide emergency financial assistance to small businesses impacted by the COVID-19 pandemic. While these programs provided a lifeline to many legitimate small businesses, unfortunately there has also been widespread fraud and abuse of the programs. In Mississippi specifically, PPP and EIDL fraud has become a major issue. Law enforcement has been cracking down on cases, and businesses or individuals accused of fraud may require experienced legal representation.

According to the Small Business Administration’s Office of the Inspector General, over $4.6 billion in potentially fraudulent PPP loans were made to recipients in Mississippi as of January 2022 [1]. That represents nearly 15% of the total PPP funds loaned in the state. The SBA OIG identified red flags such as borrowers exaggerating employee and payroll numbers, falsifying supporting documentation, using employee identities without permission, and more.

Types of PPP and EIDL fraud can include:

  • Falsifying employee, payroll, and other financial information on loan applications
  • Using PPP funds for non-allowable purposes like personal purchases or paying down existing debt
  • Applying for multiple PPP loans through different lenders
  • Lying about having an established business in order to qualify for EIDL grants and loans
  • Using stolen identities or fake businesses to apply for funds

In Mississippi, some high profile PPP fraud cases have involved local public officials and prominent businessmen. For example, in 2021 a Mississippi state legislator resigned after being charged with fraud for using over $200,000 in PPP loans for personal purchases like a Rolex watch and Ford F-250 pickup truck[2]. A used car dealership owner also pled guilty to fraudulently obtaining $2.1 million in PPP and EIDL loans and using the money to purchase luxury vehicles and real estate[3].

The federal agencies tasked with oversight of the programs – including the SBA Office of Inspector General, Department of Justice, FBI, IRS Criminal Investigations, and Treasury Inspector General for Tax Administration – have been coordinating major nationwide sweeps dubbed “Operation Main Street.” These have resulted in numerous arrests and charges for PPP and EIDL fraud across Mississippi.

In June 2022, a sweep led to charges against multiple Mississippi residents accused of stealing over $6 million in COVID relief funds, including a man who spent PPP money on purchases at Gucci and Louis Vuitton[4]. In August 2022, charges were announced against over 20 Mississippi defendants as part of Operation Main Street Phase III[5]. The cases involved alleged fraud schemes seeking over $38 million in funds.

The U.S. Attorney’s Office for the Northern District of Mississippi has been particularly active in prosecuting PPP and EIDL fraud cases in the state. They have announced charges against dozens of defendants, including a man accused of seeking over $12 million in fraudulent loans[6]. The office has also secured multi-million dollar civil judgements against some defendants.

For those facing accusations of PPP or EIDL fraud in Mississippi, having an experienced criminal defense lawyer can be crucial. An attorney can evaluate the evidence and charges, advise the client on their rights and options, negotiate with prosecutors, and defend them in court if necessary. The penalties for pandemic relief fraud can potentially include both civil and criminal liability. Potential criminal penalties may include fines up to $1 million and imprisonment up to 30 years for major fraud cases. However, an attorney may be able to argue mitigating factors or work out a favorable plea deal in some instances. They can also challenge improper searches or other constitutional violations by law enforcement. For companies or executives accused of fraud by whistleblowers or employees, an attorney can also provide guidance on internal investigations and compliance programs.

With billions lost nationwide to fraudulent or improper use of COVID relief funds, PPP and EIDL fraud prosecutions are likely to continue aggressively. But an experienced attorney can protect the rights of those accused and work to achieve the best possible outcome given the circumstances. Mississippi businesses and residents facing fraud allegations should consult a lawyer as soon as possible. Timely representation and strategic defense can be key to avoiding the most serious penalties.

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Todd Spodek

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RALPH P. FRANCHO, JR

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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