You might be relieved to learn that most federal PPP fraud cases in MDFL, or the Middle District of Florida, progress through the federal criminal process in a similar manner. If you or someone you care about has been charged with PPP fraud in MDFL, a member of our defense team at The Kirlew Law Firm can explain the federal court process and go over your options. An Orlando federal criminal defense lawyer at our firm can take over your case at any stage, from the first agent contact through sentencing.
Investigation
Federal PPP fraud investigations often take place over several months as government agencies analyze various documentation. Federal prosecutors usually decide whether to present a case to a federal grand jury after receiving a formal report from the:
- Federal Bureau of Investigation (FBI)
- Internal Revenue Service Criminal Investigation (IRS-CI)
- Small Business Administration Office of Inspector General (SBA OIG)
- Department of Justice (DOJ)
A federal grand jury reviews the evidence to determine whether there is probable cause that a federal crime has been committed. If so, the grand jury issues an indictment to formally charge the defendant.
Appearance and Arraignment
After an arrest or indictment, the defendant typically appears in court for the first time before a United States Magistrate Judge. The court reads the charges and advises the defendant of their constitutional rights, including the right to remain silent and their right to counsel.
The arraignment often occurs at this hearing or shortly thereafter. The defendant enters a plea, usually guilty or not guilty. Entering a not guilty plea allows the case to move forward through the federal court system while the prosecution and defense review the evidence.
Discovery and Evidence Review
One of the more time-consuming stages of a federal PPP fraud case is discovery. At this point, the prosecution provides much of the evidence they plan to use during a trial to the defense. This can include:
- Bank statements
- Loan applications
- Tax returns
- Payroll
- Witness interviews
- Electronic communications
Attorneys for the defense carefully review this evidence to:
- Assess the government’s allegations.
- Identify weaknesses in the government’s case.
- Determine whether further investigation or examination by outside subject-matter professionals is required.
Pretrial
Attorneys may file pretrial motions to ask the court to rule on significant legal issues before any trial occurs. These requests may relate to a variety of matters, including challenging evidence or the admissibility of certain facts at trial. Some pretrial motions can have a significant impact on what jurors, if any, hear at the trial.
Plea Negotiations or Trial
Not all federal criminal prosecutions result in a trial. After evidence is disclosed and reviewed, the parties may discuss whether the case can be resolved through a negotiated plea deal. If no agreement on a plea is reached, the case is expected to move forward to a jury trial overseen by a federal district judge.
At trial, prosecutors present evidence and call witnesses to prove every element of the offenses charged beyond a reasonable doubt. The defense can:
- Question government witnesses.
- Offer evidence.
- Contest the prosecution’s case.
- Assert that the government hasn’t satisfied its evidentiary burden.
Sentencing
If the defendant pleads guilty or is found guilty at trial, the court schedules a sentencing hearing. Judges consider several factors before imposing a sentence, such as the Federal Sentencing Guidelines, the nature of the offense, the amount of financial loss, the defendant’s criminal history, and other factors listed in 18 U.S.C. § 3553.
Hire a PPP Fraud Lawyer
Choosing to hire a PPP fraud lawyer from the outset allows an attorney to begin assessing the government’s evidence as early as possible. A PPP fraud attorney can manage discovery and represent you through the entire legal process, speaking and negotiating on your behalf.
For defendants in the Orlando Division, many federal criminal proceedings are held at the George C. Young Federal Annex Courthouse, located at 401 West Washington St., Orlando, FL 32801. An attorney can explain PPP fraud laws and how they apply to your case.
Through the PPP Injury Disaster Loan Program, the Small Business Administration disbursed almost $1 trillion. Potentially fraudulent financing is thought to have included more than $200 billion.
Why Choose The Kirlew Law Firm?
Federal fraud prosecutions can be complex, involving large amounts of financial evidence, detailed procedural rules, and severe legal penalties. At The Kirlew Law Firm, our federal criminal defense lawyers represent clients across Florida in complex federal criminal investigations and prosecutions.
Brian Kirlew is certified by the Florida Bar as a criminal trial lawyer, having personally handled over 5,000 cases, 65 jury trials, and over 7,500 depositions. The firm’s federal litigation experience allows it to analyze evidence, protect clients’ rights, and prepare sound legal strategies at every stage of the federal court process.
FAQs
Is PPP Loan Fraud a Federal Crime?
Yes. In most cases, alleged PPP fraud is prosecuted as a federal crime because the PPP was a program administered by the U.S. Small Business Administration, which is a federal agency. Depending on the facts of the case, a prosecutor may charge an individual with various types of fraud, false statements, conspiracy, identity theft, or other federal criminal offenses.
Is PPP Fraud Still Being Investigated?
Yes. Federal law enforcement agencies are still investigating allegations of PPP fraud years after the program ended. An investigation may be opened after:
- An audit is completed.
- A lender refers a suspicious loan.
- A whistleblower files a complaint.
- Suspicious activity is identified by a financial institution.
- Leads are uncovered during another investigation.
Many of these cases are not filed until several years after the alleged conduct occurred, as financial crime investigations often involve a review of countless documents.
Who Prosecutes PPP Loan Fraud?
PPP loan fraud is generally prosecuted by the United States Attorney’s Office in the federal judicial district with jurisdiction over the conduct at issue. An agency such as the FBI, the SBA Office of Inspector General, IRS Criminal Investigation, or another federal law enforcement organization may investigate alleged conduct before charges are filed. Should the investigation uncover proof of wrongdoing, the prosecutor then decides if criminal charges are warranted.
What Is the Average Sentencing for Fraud?
There is no average sentence that applies to every fraud conviction. A federal judge determines a sentence after a conviction based on a variety of factors. When you hire a lawyer, they can look at the evidence of your case and inform you of the potential penalties, including sentencing, if you are convicted of a crime.
Request a Consultation Today
If you have been accused of PPP loan fraud, legal assistance is available to you. The Kirlew Law Firm can represent your case. Contact us today to set up an appointment with our team.
