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Business Crimes BulletinFeaturesLegislationLitigationWhite Collar Crime

Prosecuting PPP Fraud May Be Harder Than It Seems

By Christopher M. Ferguson
June 01, 2020

For anyone following developments in the massive small business stimulus program known as the Payroll Protection Program (PPP), May 14 was an important date. That was the deadline imposed by the Treasury Department and Small Business Administration (SBA) for arguably undeserving recipients of PPP loans to return the funds "no questions asked." According to Treasury Secretary Steven Mnuchin, the IRS and SBA will be auditing all loans in excess of $2 million and will be prosecuting instances of fraud.

The government will no doubt seek to make examples of undeserving PPP loan recipients. The government has a number of tools in its arsenal for doing so. Indeed, the first criminal fraud charges stemming from the PPP program have already been brought in the District of Rhode Island in U.S. v. Staveley, 1:20MJ34LDA (D. RI). That appears to have been a clear case of fraud involving phantom employees for several businesses, at least one of which the defendants did not even own. The more difficult, and likely more common, case arises from those borrowers who otherwise would be eligible under the PPP but whose economic need for the loan may be questionable.

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