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Paycheck Protection Program Enforcement Continues

Published on: October 25, 2024 | By Conaway & Strickler, P.C.

As discussed in our prior blogs, the Department of Justice has already been prosecuting cases of larger-scale, outright PPP fraud. In August 2022, President Biden signed two bills into law that give the Department of Justice and other federal agencies more time to investigate and prosecute Paycheck Protection Program (“PPP”) and COVID-19 Economic Injury Disaster Loan (“EIDL”) cases. H.R. 7352, the “PPP and Bank Fraud Enforcement Harmonization Act of 2022” and H.R. 7334, the “COVID-19 EIDL Fraud Statute of Limitations Act of 2022” extend the statute of limitations for fraud charges involving PPP and EIDL fraud to ten years. This has allowed the government more time to prosecute these cases. And they continue to do so with increasing frequency. Recently the government was involved in prosecuting this covid-19 related schemes,

In investigating PPP loan fraud, the government first looks at the application itself. How many employees does the company have? Does that number match their payroll tax filings? Are the 941‘s the same as what is on file at the IRS? Has the owner(s) been convicted of or pled guilty to a felony with the past 5 years? Do the bank statements submitted on the PPP loan application match the actual bank statements? Are there business expenses on the bank statements? Was the bank account in a business checking account? When was the entity created? Did the company apply for more than one loan? Does the individual owner have multiple entities and apply for multiple loans? Any inaccurate statements on the application can result in a charge under Under 18 U.S.C. § 1344 (bank fraud) – making false statements to an FDIC-insured financial institution, or making false statements to the SBA. In addition, the CARES Act also has requirements for how companies use, and account for the use of, PPP loan funds. Some of the more outrageous PPP loan fraud prosecutions have resulted due to individuals buying Range Rovers, Lamborghinis and rolex watches with PPP loan proeeeds, i.e. converting PPP loan funds for personal use. Also, when seeking forgiveness for loans, companies must be very careful in what they submit. Any false documentation submitted can result in prosecution.

So, should the government be inquiring about your PPP loan(s) or EIDL loans or any disaster relief funds, it is important to contact us immediately. Being evasive or being unable to produce documentation of PPP Compliance will only increase issues that you will be facing. Allow Conaway & Strickler, PC to help you with expert advice from experienced federal counsel. We are very familiar with the federal criminal investigative process with the SBA-OIG, IRS and the DOJ.

When Can Law Enforcement Search my Cell Phone?

Published on: September 14, 2024 | By Conaway & Strickler, P.C.

Cell phones are everywhere today and thus play a significant role in criminal investigations.

What reports are generated from my devices?

Cellebrite reports provide information about phone calls and text messages; but now it also provides a report on the data stored on these devices such as voicemails, images, and browsing history. From GPS location data to social media activity, cell phones can provide a treasure trove for law enforcement agencies to use to build their cases.

Georgia RICO Defined

Published on: September 1, 2023 | By Conaway & Strickler, P.C.

Trump has been indicted in Fulton County Superior Court.

So, what is RICO and why is it important in this case?

The Racketeer Influenced and Corrupt Organizations Act, or RICO, was original designed to fight organized crime. It was enacted in 1970 after being signed into law by President Richard Nixon. And, within a few years, Georgia enacted their own version, and of course, as years went by, both state and federal prosecutors saw opportunities to expand the use to other types of cases.

How is White Collar Crime Generally Prosecuted?

Published on: July 10, 2023 | By Conaway & Strickler, P.C.

The Department of Justice investigates and prosecutes cases where large amounts of money is alleged to have been taken. Examples of white collar crimes are money laundering, bank, wire and mail fraud, tax evasion, insider trading, insurance fraud, mortgage fraud, bribery and embezzlement. Of course Homeland Security, the FBI, the IRS, Customs and Border Patrol and SEC can also investigate and prosecute cases of fraud as well.

The government has a special United States Guideline Chapter dedicated to “basic” economic offenses. For purposes of this blog, this chapter will be discussed in more detail below. As with anything involving federal criminal litigation, nothing is crystal clear in the law. Therefore, there is also a chapter in the United States Guidelines dedicated to tax offenses, election fraud, gambling, and money laundering in the United States Sentencing Guidelines.

This USSG chapter DOES cover extortion, bribery, kickbacks, counterfeiting, embezzlement, health care fraud, computer fraud, insurance fraud, securities fraud, mortgage fraud, identity fraud, bankruptcy fraud, etc. What is most important in this chapter is the loss amount. All charges start off with a base offense level of 6 or 7 depending on the statutory max of the offense charged. Then, you look at what the “loss amount” is using the below table.

Loss (apply the greatest)	Increase in Level
(A) $6,500 or less	no increase
(B) More than $6,500	add 2
(C) More than $15,000	add 4
(D) More than $40,000	add 6
(E) More than $95,000	add 8
(F) More than $150,000	add 10
(G) More than $250,000	add 12
(H) More than $550,000	add 14
(I) More than $1,500,000	add 16
(J) More than $3,500,000	add 18
(K) More than $9,500,000	add 20
(L) More than $25,000,000	add 22
(M) More than $65,000,000	add 24
(N) More than $150,000,000	add 26
(O) More than $250,000,000	add 28
(P) More than $550,000,000	add 30.

The loss amount is a pandora box of confusion and the government is able to add all kinds of relevant conduct and intended loss conduct to inflate these numbers.

To further make things complicated, there are enhancements in this section that permit the government to add levels for things such as the use of sophisticated means, role in the offense, number of victims, a defrauding a charity, mass marketing, among others.

Navigating the federal criminal system is a task that should not be endured alone. Contact our team today for more information about we can protect your rights and your freedom.