PPP Loan Fraud Attorneys in Miami

South Florida is the epicenter of PPP loan fraud investigations and prosecutions.  The term PPP loan fraud can include several white collar crimes, including conspiracy, wire fraud, and money laundering. 

At The Kirlew Law Firm, we have vast experience in PPP loan fraud investigations and prosecutions.  As a leading PPP fraud defense attorney in Miami, we provide strategic and aggressive defense representation. We have successfully defended numerous local businessmen and accountants in PPP loan fraud cases. If you’re being investigated for PPP loan fraud, you must immediately retain legal counsel and safeguard your rights.

Defining PPP Loans

PPP, or the Paycheck Protection Program, was established during the COVID-19 pandemic to support eligible small businesses. PPP loans were much-needed financial aid issued by SBA-approved financial institutions and established under the CARES (Coronavirus Aid, Relief, and Economic Security) Act in March 2020.

Sole proprietors/ self-employed/ non-profits, etc., with no more than 300 to 500 employees and a 25% or greater reduction in gross receipts, were considered qualified to utilize the funding for authorized use, including employee payroll, utility bills, and more. 

These were forgivable loans so businesses could sustain their essential operations during the pandemic. After exhausting all funding, the program ended in May 2021. However, existing borrowers are still eligible for loan forgiveness until maturity.

What is PPP Loan Fraud?

Shortly after the pandemic began to wind down, the IRS and FBI ramped up their audits of PPP loan approvals, and numerous PPP loan recipients were subjected to fraud investigations. Today, the federal government is aggressively evaluating PPP loan fraud cases. The statute of limitations was recently lengthened to 10 years instead of the normal 5 years statute of limitations for fraud related offenses.

Several businesses are facing serious accusations categorized under white-collar crimes. You can be investigated for fraud if you’ve intentionally or unintentionally misused your loan fund. We have seen hundreds of otherwise innocent individuals face grand jury subpoenas or target letters from the federal government for unknowingly being involved in a PPP loan fraud.

Investigators scrutinize each case meticulously, and those convicted face imprisonment and forfeiture of their assets (including their primary home). The SBA has also recently announced that it plans to audit all PPP loans above $2 million and some smaller loans. An experienced Miami PPP loan fraud attorney like Brian Kirlew, Esq. can help you determine path forward.

Charges for PPP Loan Fraud

PPL loan fraud indictments often included the accompanying charges of  wire and bank fraud, mail fraud, money laundering, false statements, etc. Understanding this complex landscape is essential for the correct defense. 

Bank fraud charges, for instance, involve deceiving financial institutions. Penalties can go up to 30 years of imprisonment and $1 million in fines. 

Potential penalties for wire fraud can reach 20 years of federal imprisonment. Money laundering charges carry the same 20-year prison sentence, and the prosecution needs to establish that the funds were obtained from illegitimate business sources.

A conviction will lead to imprisonment, forfeiture of assets, fines and supervision in addition to becoming a convicted felon. Beyond legal challenges, it can cause long-lasting damage to your personal and professional reputation. Banks won’t do business with you in the future and it will be nearly impossible to obtain professional licenses or permits.  

Who Can Be Charged with PPP Loan Fraud?

PPP loan fraud charges often target a broad and varied group of individuals and businesses. Upon a closer look, small business owners, entrepreneurs, dental practices, restaurant owners, brokers, consultants, financial officers, and accountants are the frequent targets of the federal government.

The Kirlew Law Firm Can Help

The Kirlew Law Firm is recognized for its exceptional experience in fighting white-collar crimes. We offer strategic advice and unwavering dedication to every case. Thousands of clients have chosen us to fight for their rights. Our approach to PPP loan fraud defense include:

  • In-depth analysis of your case
  • Tailored defense strategies to fit specifics circumstances
  • Negotiating with prosecutors seeking favorable outcomes
  • Aggressive representation in court
  • Keeping you informed and offering comprehensive legal support
  • Personalized attention and clear communication
  • A vigorous defense before a jury if you elect to proceed to trial

The stakes are high. Your livelihood, freedom, and reputation may be at risk. But we can help you navigate these uncharted waters and make sense of these complicated cases.

Your Defense Starts Here!

Do not face PPP loan fraud accusations with an experienced lawyer.  Brian Kirlew, Esq. and the staff at the Kirlew Law Firm are ready to assist you in your defense. Contact us at (305) 521-0484 for expert legal assistance with PPP loan fraud defense. We can be your steadfast allies, dedicated to achieving the best possible outcome for your case. Get started now!

Brian Kirlew
Heidi S. Kirlew

Antitrust laws were established to protect trade and commerce from abusive practices. Violations can include price-fixing, price discrimination, restraints, and monopolization.

This form of white-collar crime is increasingly common as more people use computers, phones, and other internet-enabled devices to commit acts of fraud, hacking, extortion, and theft.

Thieves take personal information to access banking and financial accounts, make purchases, open utility accounts, or steal tax refunds. In some cases, an identity thief may even use a false identity during an arrest.

This white-collar crime occurs when a thrift utilizes a stolen credit card or other information from that account to make unauthorized purchases. In some cases, they may use the stolen information to take out cash advances against the account.

The illicit selling of fake goods or services over the phone. Many phone scams are framed as a giveaway, or free offer in exchange for sensitive information, like access to banking or credit card accounts.

Often paired with another form of fraud, bankruptcy fraud can be the concealment of assets to prevent forfeiting them, filing incomplete or false forms, filing multiple times in different locations using fake or forged documents, and bribing of court-appointed trustees.

Largely committed by organized crime groups, this form of fraud includes performing unnecessary procedures to bill an insurance company, billing for services that were never rendered, and billing every step of one procedure as if they were individual procedures.

Environmental law makes actions like the illegal disposal of waste, improper storage of hazardous materials, or failure to comply with EPA and state regulations illegal.

An act committed to defraud an insurance company is considered a white-collar crime. This could include attempting to obtain benefits or advantages that an individual is not entitled to or when an insurer denies benefits that someone is due.

One of the most common forms of fraud, mail fraud is when the USPS or private carrier is used to commit a crime of deceit. This could be to obtain money or to sell and distribute illicit goods.

These forms of fraud start with a scheme to steal or obtain financial information by using false representation or promises of goods and services in return.

Crimes committed through extortion and coercion are considered racketeering. Generally, a racketeer obtains money or goods from someone using intimidation tactics or force.

Largely connected to federal government contracting or federally-funded programs, government fraud might involve public housing, agricultural programs, corporate subsidies, and bribery.

This form of white-collar crime is the deliberate failure to pay your taxes or the underpayment of the taxes you owe. It can be underreporting of income, overreporting of deductions, or improperly claiming tax credits and exemptions.

Also called investment fraud, securities fraud involves misrepresenting the information that investors use to make financial decisions.

This is the trading of the stock or securities of a public company that is based on non-public information about the company. This is the profiteering of information based on a company’s assets.

A bribe is the giving or receiving of something of value in order to influence the actions of another person or group.

The major focus of the FBI, public corruption covers a variety of crimes, including the violation of federal law by public officials, fraud related to the procurement, contracts, and funding of federal programs, and other crimes that are related to local, state, and federal governments.

By withholding assets, funds, or goods from an employer or business partner, you are committing an act of embezzlement.

Generally sponsored by foreign entities or outside corporations, economic espionage can target the U.S. government, U.S. companies, or other establishments and institutions. Economic espionage is the unlawful obtaining of financial information

Trade secrets are the information or assets that give a company an advantage over others in the market. The theft of these assets is when someone uses this information without consent of the business.

In addition to State White Collar crime, we also represent clients charged with Federal White Collar crimes,

which are regulated by Titles 18 and 26 of the United States Code. Some of these federal offenses include:

How are White Collar Crimes Investigated?

In almost every federal white-collar criminal investigation, the federal agents and local police officers involved in the case shadow their suspects for months and even years. They utilize wiretaps, subpoenaed bank records, videotape conversations and meetings, property and assets, business records, and cooperating witnesses. The agents often seek to make pre-indictment deals with codefendants or coworkers who they threaten to charge if they don’t talk.

The feds have unlimited resources and they are extremely patient in their investigations. Many times, an agent will get so committed to an investigation that they bend the rules, alleged they witnessed activity that they didn’t and innocent people get wrapped up in the conspiracy that they knew nothing about. This is why it is critical to contact a Miami white-collar attorney the moment you suspect you are the target of a white-collar criminal investigation. With the help of our investigators and forensic accountants, we can often mitigate the exposure a client may face in a white collar criminal prosecution.


White Collar

What is White-Collar Crime?

Generally, white-collar crime is investigated and prosecuted by federal authorities. This means that white-collar crime cases have higher conviction rates than other crimes. Federal prosecutors are able to leverage more resources to pursue a white-collar crime case and are encouraged to close the case quickly.

The punishment for a white-collar crime varies based on what level the crime is being prosecuted at, whether state or federal, and the amount of money involved in the crime. There are no set guidelines that dictate the severity of penalty based on the amount of money stolen; however, generally, larger amounts are punished more severely.

Since the 2002 and 2008 financial crises, there have been more penalties and convictions for white-collar crimes, and as such, penalties have become more severe. On average, a sentence for money laundering is about 48 months in prison. Those convicted of bribery could face 16 months, and those for fraud, 12 months. Tax offenses generally result in 16 months of jail time. And if there are more than five victims, the loss amount is in the millions as opposed to the thousands or the accused qualifies for a host of other enhancements, these penalties can be significantly higher.


When You Should Hire an Attorney When Convicted of a White Collar Crime?

Given the harsh nature of the penalties for white-collar crimes and that federal authorities often lead these investigations, you must hire an attorney in Miami as soon as you’re convicted. In some cases, defendants are only aware of the investigation just a few weeks or months before an arrest is made. It’s important to use any lead time you may have to build a case with an attorney.

While your attorney can’t stop an investigation, they can work with you to defend your rights before, during, and after the trial. If nothing else, you must have a legal representative with you whenever you deal with a federal investigator or while you’re being questioned.

Why You Need a Competent Attorney

When you work with a skilled criminal defense attorney like those at the Kirlew Law Firm, they’ll maintain clear lines of communication with the prosecution throughout your investigation. This could lead to a favorable negotiation before any arrests are made, or the formal prosecution starts.

More than just negotiations, a competent white-collar crime attorney can help draft legal defenses that can help your case. Our attorneys can cross-examine witnesses, manage information about the case, and challenge physical exhibits and financial records that may be used to seal your case. Ultimately, a talented attorney like Brian Kirlew can find small inconsistencies or faults in the prosecution to bolster your defense.


Contact a Miami White Collar Criminal Attorney today!

If you are being investigated for a White Collar crime at the state or federal level (or both), the sooner you get a qualified attorney on your side to protect your rights, the better. Brian Kirlew, Esq. is experienced and skilled at handling these complex and sensitive matters, and is here to represent you in court. Our criminal defense attorneys in Miami are proud to offer you a free phone consultation to ensure that we can best serve you. Contact us immediately to get started.