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Are you being prosecuted for PPP fraud charges in New York? Learn more about penalties, strategies, and why your defense must begin now.

Home / New York City Federal PPP Fraud Lawyer

New York City Federal PPP Fraud Lawyer

The Paycheck Protection Program was one of the largest emergency lending initiatives in American history, and federal prosecutors have spent years working through the fraud cases it generated. The Department of Justice has pursued these investigations with significant resources, collaborating with the FBI, the SBA Office of Inspector General, and IRS Criminal Investigation. For individuals who received PPP loans during the pandemic period and now face scrutiny, the investigation phase alone can upend careers, freeze assets, and destroy professional reputations before a single charge is filed. A New York City federal PPP fraud lawyer who understands how these cases are built, what evidence federal agents prioritize, and how to engage the government early can make a decisive difference in how the matter resolves.

Federal PPP fraud prosecutions typically rest on wire fraud, bank fraud, or false statements to a financial institution, all of which carry serious consequences under federal law. What makes these cases particularly dangerous is that the government spent years building them quietly. Agents cross-referenced loan applications against IRS records, payroll databases, state employment filings, and bank transaction histories before knocking on anyone’s door. By the time a target receives a subpoena, a grand jury witness letter, or an actual arrest, prosecutors have usually already assembled a detailed evidentiary picture. That asymmetry in information is one of the most important realities a federal PPP fraud attorney must help a client understand and address.

New York is a major hub for these prosecutions. The U.S. Attorney’s Offices for the Southern and Eastern Districts of New York have each handled significant PPP fraud dockets, ranging from solo applicants who inflated payroll figures to larger coordinated schemes involving multiple entities and defendants. The exposure varies enormously depending on the loan amount, the sophistication of the alleged conduct, and whether a defendant is characterized as a ringleader or a more peripheral participant. Understanding where a case falls on that spectrum, and how the government views the individual’s role, is the starting point for any credible defense.

What the Government Is Looking For in a PPP Fraud Investigation

Federal agents investigating PPP fraud are not simply looking for discrepancies between what an applicant submitted and what their records show. They are building a narrative of intent. The government must ultimately prove that a defendant knowingly submitted false information, not that they made a careless mistake on a form during a chaotic period when the program’s own rules were shifting. That distinction between willful fraud and negligent error is where many defenses live, but it requires careful development from the earliest stages of the case.

Investigators compare loan applications against payroll tax filings, bank statements, business registration records, and employee W-2 data. For businesses that claimed payroll costs they did not actually incur, or that used loan proceeds for prohibited personal expenses rather than legitimate business costs, the paper trail is often recoverable from third-party financial institutions and government databases. In New York, many of the investigations involve businesses in industries that were heavily reliant on cash or informal payroll arrangements, which creates both evidentiary challenges for the government and complications for the defense.

One of the overlooked dimensions of PPP fraud defense is the loan forgiveness application. Many borrowers who received funds and spent them appropriately still face scrutiny because their forgiveness applications contained errors or were filed under conditions of confusion about the program’s evolving requirements. The government’s position on forgiveness-related misstatements has been aggressive in certain cases, treating them as separate or compounding fraud acts. A federal PPP fraud attorney in New York needs to understand the full timeline of the loan, from application through disbursement through forgiveness, as each phase represents its own set of potential legal issues.

On the other hand, the penalty for conviction under 18 U.S.C.

Common PPP Fraud Charges and the Situations Behind Them

  • Wire Fraud: Charged when an applicant is alleged to have submitted false information electronically through lender portals or SBA systems, covering the vast majority of PPP cases because nearly all applications were submitted digitally.
  • Bank Fraud: Applied to false statements made to federally insured lenders who processed PPP applications, with prosecutors focusing on inflated payroll figures, fabricated employee counts, or falsified tax documents submitted to support the loan request.
  • False Statements to a Financial Institution: A distinct federal offense that does not require proof of an executed scheme, only that a knowingly false statement was made to a bank in connection with a loan application.
  • Money Laundering: Often layered onto PPP fraud cases when loan proceeds were allegedly transferred through multiple accounts, used to purchase real property, or otherwise moved in ways prosecutors characterize as designed to conceal the fraud.
  • Identity Theft and Aggravated Identity Theft: Charged in cases where applicants allegedly submitted loan applications using another person’s identifying information without consent, which carries mandatory minimum sentencing provisions that significantly alter the defense calculus.
  • Conspiracy Charges: Common in multi-defendant cases where the government alleges coordinated action among business partners, accountants, attorneys, or loan brokers, making each defendant potentially responsible for the full scope of the alleged scheme.
  • False Claims to the Government: Applicable in cases involving SBA direct loans or where the government characterizes the PPP loan as a claim submitted to a federal agency, opening additional statutory grounds for prosecution.

How Goldman’s Background Translates to Federal Fraud Defense

Choosing representation for a federal PPP fraud investigation requires a specific kind of judgment. Jason Goldman began his career as a Brooklyn prosecutor, which means he understands how the government builds cases from the inside. He has since built a practice that spans the full arc of criminal litigation, from pre-arrest investigations through trials and appellate work, and he has tried more than 25 cases to verdict. For someone under federal scrutiny, that combination of prosecutorial experience and defense trial work matters because federal PPP fraud cases rarely resolve cleanly without someone who can credibly threaten to try the case if the government’s offer does not reflect the actual evidence.

Mr. Goldman’s approach is built around what he describes as controlling the narrative and controlling the outcome. In federal fraud cases, that philosophy is particularly relevant because the government begins shaping its version of events long before any formal charge. His practice includes pre-arrest investigation work, which means clients who engage him during the investigation phase rather than after an indictment have a meaningful advantage. He is admitted to practice in both the Southern and Eastern Districts of New York, the two federal venues where the overwhelming majority of New York City PPP fraud cases are prosecuted. His recognition by national media outlets including the New York Post and Fox 5, combined with his track record on high-profile matters, speaks to a practice built for cases where the stakes extend beyond the courtroom to a client’s professional standing and public reputation.

For clients in industries where a federal fraud charge carries licensing or regulatory consequences, including finance, healthcare, real estate, and law, the defense strategy must account for those collateral dimensions from the beginning. Goldman’s work on behalf of corporate executives, doctors, politicians, and professionals across industries reflects an understanding that a federal indictment is not just a legal problem. It is an existential threat to the life someone has built, and the defense has to be constructed with that full picture in mind.

What to Do If You Receive a Subpoena, Target Letter, or Know You Are Under Investigation

Federal PPP fraud investigations often surface through a subpoena to a business, a grand jury witness letter, a visit from FBI agents, or a notification that someone’s bank records have been subpoenaed by the government. Any one of these developments signals that the investigation has already advanced significantly. The worst response is to do nothing, and the second worst is to speak with federal agents without counsel present. Agents conducting these interviews are trained investigators. Anything a target or witness says can and will be used to build the government’s case, even if the intent was to cooperate or clear up confusion.

PPP fraud cases in New York are prosecuted in either the Southern District, based in Manhattan at 500 Pearl Street, or the Eastern District, based in Brooklyn at 271 Cadman Plaza East. The specific district depends on where the alleged conduct occurred, where the lender was located, and sometimes where wire transfers or electronic submissions were routed. Grand jury proceedings in these courts are not public, and targets often have limited visibility into how far the investigation has progressed. Retaining a federal PPP fraud attorney in New York City as early as possible preserves the option to engage with prosecutors before an indictment, which is sometimes where the most consequential decisions get made.

Gather and preserve business records, payroll documentation, bank statements, and any correspondence with lenders or loan brokers without altering, destroying, or deleting anything. Federal obstruction charges are a real risk for anyone who destroys documents after becoming aware of an investigation, and that risk includes routine housekeeping of digital files if the person knows they are a target. Bring everything to a federal PPP fraud defense attorney and let counsel assess what is helpful, what is neutral, and what the government likely already has through its own subpoenas to banks and the SBA.

Questions About Federal PPP Fraud Defense in New York

What is the difference between being a target and a witness in a PPP fraud investigation?

A target is someone the government believes has criminal exposure and is building a case against. A witness is someone with relevant information who is not currently the subject of prosecution. The distinction matters enormously for how you should respond to government contact. Targets should not speak with investigators without counsel. Witnesses may still have exposure depending on what they say and how the investigation evolves, so even witness letters warrant immediate attorney consultation.

Can the government prosecute someone who made honest mistakes on a PPP application?

Federal fraud charges require proof of knowing and willful false statements. Genuine errors, misunderstandings of the program’s complex and changing rules, or reliance on bad advice from accountants or loan brokers are not automatically criminal. The defense strategy in many PPP cases centers precisely on establishing that the defendant lacked fraudulent intent. That said, the government often interprets the facts aggressively, so what looks like an honest mistake to the applicant may be presented differently at trial.

How long do PPP fraud investigations typically take before charges are filed?

Federal fraud investigations often take one to three years from the time agents begin examining records to the time an indictment is returned. The statute of limitations for most federal fraud charges gives prosecutors significant time to build their case. Targets sometimes live under investigation for extended periods before learning formally that they have been charged. This delay is one reason early intervention by defense counsel is valuable, since the pre-indictment phase offers options that are foreclosed once charges are filed.

What federal sentencing exposure do PPP fraud defendants typically face?

Federal sentencing in fraud cases is driven largely by the loss amount attributed to the defendant under the Sentencing Guidelines. Larger loan amounts and more sophisticated schemes result in significantly higher recommended sentences. Enhancements for leadership roles, obstruction, or prior criminal history can increase exposure further. Defendants who cooperate, accept responsibility, or raise substantial mitigating circumstances may qualify for reductions. The actual range in any given case is highly fact-specific, making guideline analysis one of the earliest tasks for any federal PPP fraud defense attorney.

Is it possible to resolve a PPP fraud case before indictment?

Pre-indictment resolutions do happen, though they are not guaranteed and require the government to be willing to engage. In some cases, defense counsel can present information that causes prosecutors to decline charges, reduce the scope of the investigation, or negotiate a pre-indictment plea to lesser charges. These outcomes typically depend on the strength of the government’s evidence, the defendant’s cooperation posture, and whether there are meaningful mitigating factors. Early engagement with experienced defense counsel is the prerequisite for any of these possibilities.

What happens if multiple people in a business are implicated in the same PPP application?

The government frequently charges co-defendants in PPP fraud cases, and the dynamic among co-defendants significantly affects each individual’s strategy. Once co-defendants begin cooperating with the government, the information they provide can be used against others. Business partners, spouses, employees, and accountants who were all involved in the loan application process may find their interests diverging sharply. Separate counsel for each defendant is essential whenever there is any possibility of conflicting interests.

Can a PPP fraud conviction affect a professional license in New York?

Yes. Federal fraud convictions, particularly those involving dishonesty or breach of fiduciary duty, can trigger license revocation or suspension proceedings before New York State professional licensing bodies covering fields including medicine, law, finance, real estate, and accounting. The criminal conviction itself may be the basis for professional discipline, independent of any separate conduct finding. This is one of the reasons a federal PPP fraud defense strategy in New York must account for collateral licensing consequences from the outset, not as an afterthought.

What if the PPP loan was taken out by a business partner or employee without the owner’s knowledge?

This scenario raises both defense and victim-related considerations. A business owner whose identity or business records were used without authorization may be a victim of fraud rather than a perpetrator, and establishing that clearly with the government early can be critical to avoiding being swept into a prosecution. If there is any ambiguity about who authorized the loan application and what the owner knew, that ambiguity needs to be addressed through counsel before the government draws its own conclusions.

Does the SBA’s own forgiveness determination affect the criminal case?

A loan forgiveness approval from the SBA does not insulate a borrower from federal criminal prosecution. The government takes the position that administrative approval does not cure a fraudulent application, and prosecutors have pursued charges even against borrowers whose loans were formally forgiven. Conversely, the circumstances surrounding forgiveness and the borrower’s conduct during that process can be relevant to the defense narrative about intent and good faith.

Should someone respond to a civil investigative demand or SBA audit request without counsel?

No. Civil investigative demands and SBA audit requests may appear administrative in nature, but the information produced in response can be shared with criminal prosecutors and used as the foundation for a criminal case. Responses to these requests are not casual paperwork exercises. They require careful legal review of what must be produced, what privileges may apply, and how the response fits into the broader investigative picture. Treating these inquiries as routine administrative matters is one of the more common mistakes people make in the early stages of what later becomes a federal criminal investigation.

Federal PPP Fraud Defense Representation Across New York City and Beyond

The Law Offices of Jason Goldman represents clients across New York City’s five boroughs, including Manhattan, Brooklyn, Queens, the Bronx, and Staten Island. The firm serves clients throughout the broader metropolitan area, including individuals and business owners in Long Island communities such as Nassau County and Suffolk County, as well as those in Westchester County, Rockland County, and the Hudson Valley. In New Jersey, Mr. Goldman is also admitted to practice and represents clients facing federal investigations in Newark, Jersey City, Hoboken, and across the state’s federal districts. The firm’s practice extends to pro hac vice representation nationally, meaning clients in other jurisdictions who need a federal fraud defense attorney with New York-based federal court experience can also seek representation through the firm. From the financial district and Midtown Manhattan to Flushing, the Bronx’s Grand Concourse corridor, Bed-Stuy, Astoria, and the communities of Staten Island, the firm handles federal criminal matters for individuals regardless of where in the New York metropolitan region they are located.

Sentencing & Penalties in New York According to media outlets, the Department of Justice has now charged individuals with committing bank fraud, wire fraud, and money laundering as it relates to these CARES Act loans, totaling some $175 million dollars.

Speak with a New York City Federal PPP Fraud Attorney

Federal fraud investigations move on the government’s timeline, not yours, and the decisions made in the earliest stages carry consequences that persist through every later phase of the case. If you have received any indication, however informal, that you may be under federal scrutiny for a PPP loan, the right moment to speak with a New York City federal PPP fraud attorney is now, before you respond to any government contact, produce any documents, or speak with investigators. Jason Goldman brings former prosecutorial experience, serious trial capability, and a practice built for exactly these high-stakes situations. Contact the Law Offices of Jason Goldman to discuss your situation confidentially.

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