CHARGES RESULTING FROM PPP LOAN FRAUD
BANK FRAUD
Bank fraud occurs when a suspect uses deceit to obtain money or property from a lending institution – i.e., a bank. It is charged under 18 U.S.C. § 1344. A conviction is punishable by up to 30 years in federal prison and a fine of up to $1,000,000, and full repayment of any lost money.
WIRE FRAUD
Wire fraud is charged under 18 U.S.C. § 1343, and it occurs when a suspect electronically transmits something to facilitate a fraudulent scheme. It has a maximum punishment of 30 years in federal prison and a fine of up to $1,000,000.
FALSE STATEMENT
Providing a false statement to a lending institution is a federal crime charged under 18 U.S.C. § 1014. A false statement is ordinarily provided in the application process or by submitting false financial information to obtain the loan. It is punishable by up to 30 years in federal prison and a fine of up to $1,000,000.
PENALTIES RESULTING FROM PPP LOAN FRAUD
There is no specific charge of PPP loan fraud. Instead, PPP loan fraud is a theory of how the defendant committed the offense but carries it out through the wire, providing a false statement or lying to the lender by other means.
STATUTORY PUNISHMENT
Generally, the statutory punishment for PPP loan fraud is:
Up to 30 years in federal prison
Fine of up to $1 million
SENTENCING GUIDELINES
The U.S. Sentencing Guidelines determine the appropriate prison sentence based on many factors:
The actual loss amount
Number of victims
The planning and sophistication of the offense
Your prior criminal record