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Fraud & White Collar

EIDL Fraud

You applied for an Economic Injury Disaster Loan during the pandemic, and the money kept things going, or it did not. Now the SBA is asking about the application, or an agent wants to discuss how the funds were used.

Reviewed

01 GUIDE

EIDL Fraud: what usually happens

How EIDL differs from PPP

Unlike a PPP loan, an Economic Injury Disaster Loan came directly from the SBA and was generally meant to be repaid, apart from separate advance grants some businesses received. That changes how problems surface: an EIDL fraud inquiry may arise from the original application, from how the proceeds were spent, or from a default that prompted closer review. The application relied heavily on self-reported figures such as gross revenue and cost of goods sold, and inflated or invented numbers are a frequent focus. Applications for businesses that did not exist, or that used another person's identity, are treated very seriously. The deadline for charging pandemic loan fraud was also extended by Congress, so older loans remain within reach.

Use of proceeds and the default question

EIDL funds were meant for working capital and normal operating expenses, and the loan documents restricted other uses. Spending on personal items, or transferring proceeds to family members, often draws attention even when the application itself was accurate. Being unable to repay is different from fraud: many legitimate borrowers have fallen behind, and defaulted loans are usually handled through SBA servicing and federal debt collection rather than prosecution. The line is generally crossed when the application contained knowing misstatements or the money was knowingly diverted from permitted uses. Separating those issues early helps determine whether you are dealing with a collection problem, a civil matter, or a criminal one.

Organizing your response

Gather the application and loan authorization, tax returns and financial statements for the period the application used, and bank statements showing where the money went. If someone else prepared the application, keep any communications with them. Large repayments or account changes after an inquiry are worth discussing with counsel first, since timing and explanation matter, and it is wise to understand your status before speaking with agents. In a first meeting we review what the SBA or investigators have asked for, compare the application figures with your records, and decide how to respond.

02 ATTORNEYS

Who you would be working with

Attorneys at our New York and Washington, D.C. offices handle matters like this one.

05 HOW WE WORK

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06 OFFICES

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Attorney Advertising. This page is general information about EIDL fraud and is not legal advice. Reading it does not create an attorney-client relationship. Outcomes depend on the facts of each matter, and prior results do not guarantee a similar outcome. Laws differ by state and change over time.