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SBA COVID-19 PPP and EIDL Loans: SBA Ramps Up Audits and Investigations

SBA COVID-19 PPP and EIDL Loans: SBA Ramps Up Audits and Investigations

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SBA COVID-19 PPP and EIDL Loans: SBA Ramps Up Audits and Investigations

SBA Turns Up the Heat on COVID-19 PPP and EIDL Loans: What Honest Borrowers and Guarantors Need to Know After A Recent Indictment

On August 5, 2025, federal prosecutors unsealed an indictment charging small business owner, Jabari Kadar Long, with conspiracy, wire fraud affecting a financial institution, and money laundering tied to fraudulent Paycheck Protection Program (PPP) and Economic Injury Disaster Loan (EIDL)applications. Authorities allege Long and unnamed co-conspirators siphoned more than $3 million in COVID-relief funds by inflating payroll figures and the number of employees for his small business, “Priceless Preservations Construction.” Source:(Department of Justice)

Key Allegations at a Glance

  • $2.19 million PPP loan: The defendant’s application claimed 50 workers and an $875,000 monthly payroll that investigators say were wholly inaccurate. Source: (WDIV)
  • $150,000 EIDL loan: The defendant’s application was approved days later using similarly false revenue and head-count figures. Source: (Department of Justice)
  • Disbursements & transfers to personal bank accounts: Prosecutors detail six-figure wire moves to personal accounts after funding, triggering a money-laundering count and allegations of misuse of proceeds. Source: (CBS News)

The defendant is presumed innocent, yet his case adds to a growing wave of COVID-relief prosecutions—and a clear message from the Department of Justice (DOJ) that it intends to investigate, find and prosecute fraudulent borrowers and guarantors well into 2026 and beyond.

Why This Matters For Legitimate SBA Borrowers & Guarantors

  1. Expanded  Enforcement Resources – Congress extended the statute of limitations for PPP and EIDL fraud to 10 years, giving investigators ample time to comb through loan files.
  2. Artificial Intelligence, Data Analytics & IRS Matching – The SBA, DOJ, and IRS is now using AI software to cross-check Form 941 payroll tax filings, banking records, and unemployment data to spot discrepancies.
  3. Business Closure Reviews – SBA conducts its investigations of small businesses which have defaulted on payments and ceased operations through Business Closure Reviews (aka Loan Compliance Reviews). Information document requests and written questions are sent to the business owners and officers. Inaccurate or false statements and/or ignoring the requests for information can quickly escalate – potentially prompting referrals to the Office of Inspector General (OIG) or other federal authorities.
  4. Civil & Criminal Exposure – Even if criminal charges never materialize, agency actions before the SBA Office of Hearings & Appeals Court (OHA) through the Administrative False Claims Act (AFCA), civil False Claims Act actions in Federal District Court, treble damages or personal guarantee enforcement can follow.

What Can Trigger a PPP / EIDL Investigation

  1. Payroll claimed without matching IRS filings - Data mismatch is an instant audit target
  2. Large wire transfers to owners and officers via personal bank accounts - Signals potential misuse of funds
  3. Missing or copy-paste supporting documents - Lenders and Borrowers must maintain files for several years; forged documents stand out
  4. Second-draw PPP requests, EIDL Hardship applications with inconsistent revenues - SBA algorithm flags revenue swings vs. first-draw or previously supplied figures

Five Steps You Can Take

  1. Centralize Documentation – Retain payroll registers, tax returns, bank statements, and vendor invoices for at least a decade.
  2. Perform an Internal “Audit” – Compare reported payroll numbers to IRS filings before the SBA does.
  3. Engage Legal Counsel Early – An experienced SBA Attorney can negotiate with the assigned Trial Attorney representing the SBA during proceedings before the SBA’s Office of Hearings & Appeals (OHA) if administrative charges are filed.
  4. Proactively Amend Errors – Voluntary repayment or correction can mitigate penalties if innocent mistakes—not fraud—occurred.
  5. Plan for Possible Treasury Referral – Understand Administrative Wage Garnishment (AWG), Treasury Offset Program (TOP), and CAIVRS impacts if an SBA loan is declared in default.

How We Can Help

Our seasoned SBA Attorneys blend white-collar defense experience with knowledge of Paycheck Protection Program compliance, COVID EIDL regulations, and SBA administrative procedures. Whether you face a COVID EIDL Business Closure Review, an OHA case, or need a proactive compliance check-up, we marshal document reviews, conduct legal research and outline settlement strategies to protect your business and personal assets.

Final Thoughts

The Long indictment shows that “self-certified” COVID-relief loans are under a microscope—and mistakes can morph into criminal accusations of SBA loan fraud. Don’t wait for an information document request, an FBI target letter or federal subpoena to get your house in order. Schedule a confidential strategy session with our SBA loan defense team today to safeguard the future you worked so hard to build.

If you receive a “business closure review,” “post-funding compliance review,” or any sudden SBA document request:

Contact experienced SBA loan defense attorney immediately.

Our SBA Attorneys have guided thousands of small businesses through reviews, contested or negotiated debts assessed against owners, officers and guarantors, and litigated cases at the SBA Office of Hearings & Appeals (OHA) Court before presiding Administrative Law Judges (ALJs).

Schedule a confidential strategy session today → keep your success story from becoming the next SBA nightmare tale. If you believe your SBA COVID PPP or EIDL loan could be targeted for enforced collection, business closure review, audit, investigation or an AFCA claim, contact us at SBA-Attorneys.com for a confidential Case Evaluation.

This article is provided for informational purposes only and does not constitute legal advice. Consult a qualified SBA-Attorney for advice regarding your individual situation.

Why Hire Us to Help You with Your Treasury or SBA Debt Problems?

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Millions of Dollars in SBA Debts Resolved via Offer in Compromise and Negotiated Repayment Agreements without our Clients filing for Bankruptcy or Facing Home Foreclosure

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Millions of Dollars in Treasury Debts Defended Against via AWG Hearings, Treasury Offset Program Resolution, Cross-servicing Disputes, Private Collection Agency Representation, Compromise Offers and Negotiated Repayment Agreements

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Our Attorneys are Authorized by the Agency Practice Act to Represent Federal Debtors Nationwide before the SBA, The SBA Office of Hearings and Appeals, the Treasury Department, and the Bureau of Fiscal Service.

$1,500,000 SBA COVID-EIDL LOAN - SBA OHA LITIGATION

$1,500,000 SBA COVID-EIDL LOAN - SBA OHA LITIGATION

Small business and guarantors obtained an SBA COVID-EIDL loan for $1,000,000. Clients defaulted causing SBA to charge-off the loan, accelerate the balance and refer the debt to Treasury's Bureau of Fiscal Service for collection. Treasury added nearly $500,000 in collection fees totaling $1,500,000. Clients were served with the SBA's Official 60-Day Notice and exercised the Repayment option by applying for the SBA’s Hardship Accommodation Plan. However, their application was summarily rejected by the SBA without providing any meaningful reasons. Clients hired the Firm to represent them against the SBA, Treasury and a Private Collection Agency.  After securing government records through discovery, we filed an Appeals Petition with the SBA Office of Hearings & Appeals (OHA) court challenging the SBA's referral of the debt to Treasury. During litigation and before the OHA court issued a final Decision and Order, the Firm successfully negotiated a reinstatement and recall of the loan back to the SBA, a modification of the original repayment terms, termination of Treasury's enforced collection and removal of the statutory collection fees.

$150,000 SBA 7A LOAN - SBA OIC CASH SETTLEMENT

$150,000 SBA 7A LOAN - SBA OIC CASH SETTLEMENT

Client personally guaranteed SBA 7(a) loan balance of over $150,000.  Business failed and eventually shut down.  SBA then pursued client for the balance.  We intervened and was able to present an SBA OIC that was accepted for $30,000.

$310,000 SBA 7A LOAN - SBA OIC TERM WORKOUT

$310,000 SBA 7A LOAN - SBA OIC TERM WORKOUT

Client personally guaranteed an SBA 7(a) loan for $100,000 from the lender. The SBA loan went into early default in 2006 less than 12 months from disbursement. The SBA paid the 7(a) guaranty monies to the lender and subsequently acquired the deficiency balance of about $96,000, including the right to collect against the guarantor. However, the SBA sent the Official 60-Day Due Process Notice to the Client's defunct business address instead of his personal residence, which he never received. As a result, the debt was transferred to Treasury's Bureau of Fiscal Service where substantial collection fees were assessed, including accrued interest per the promissory note. Treasury eventually referred the debt to a Private Collection Agency (PCA) - Pioneer Credit Recovery, Inc. Pioneer sent a demand letter claiming a debt balance of almost $310,000 - a shocking 223% increase from the original loan amount assigned to the SBA. Client's social security disability benefits were seized through the Treasury Offset Program (TOP). Client hired the Firm to represent him as the debt continued to snowball despite seizure of his social security benefits and federal tax refunds as the involuntary payments were first applied to Treasury's collection fees, then to accrued interest with minimal allocation to the SBA principal balance.

We initially submitted a Cross-Servicing Dispute (CSD) challenging the referral of the debt to Treasury based on the defective notice sent to the defunct business address. Despite overwhelming evidence proving a violation of the Client's Due Process rights, the SBA still rejected the CSD. As a result, an Appeals Petition was filed with the SBA Office of Hearings & Appeals (OHA) Court challenging the SBA decision and its certification the debt was legally enforceable in the amount claimed. After several months of litigation before the SBA OHA Court, our Firm Attorney successfully negotiated an Offer in Compromise (OIC) Term Workout with the SBA Supervising Trial Attorney for $82,000 spread over a term of 74 months at a significantly reduced interest rate saving the Client an estimated $241,000 in Treasury collection fees, accrued interest (contract interest rate and Current Value of Funds Rate (CVFR)), and the PCA contingency fee.

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