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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.

$50,000 SBA 7A LOAN - RESPONSE TO SBA OFFICIAL 60-DAY NOTICE

$50,000 SBA 7A LOAN - RESPONSE TO SBA OFFICIAL 60-DAY NOTICE

Client received the SBA's Official 60-Day Notice for a loan that was obtained by her small business in 2001.  The SBA loan went into default in 2004 but after hearing nothing from the SBA lender or the SBA for 20 years, out of the blue, she received the SBA's collection due process notice which provided her with only one of four options: (1) repay the entire accelerated balance immediately; (2) negotiate a repayment arrangement; (3) challenge the legal enforceability of the debt with evidence; or (4) request an OHA hearing before a U.S. Administrative Law Judge.

Client hired the Firm to represent her with only 13 days left before the expiration deadline to respond to the SBA's Official 60-Day Notice.  The Firm attorneys immediately researched the SBA's Official loan database to obtain information regarding the 7(a) loan.  Thereafter, the Firm attorneys conducted legal research and asserted certain affirmative defenses challenging the legal enforceability of the debt.  A written response was timely filed to the 60-Day Notice with the SBA subsequently agreeing with the client's affirmative defenses and legal arguments.  As a result, the SBA rendered a decision immediately terminating collection of the debt against the client's alleged personal guarantee liability saving her $50,000.

$391,000 SBA COVID EIDL - CROSS-SERVICING DISPUTE | NEGOTIATED REINSTATEMENT & WORKOUT

$391,000 SBA COVID EIDL - CROSS-SERVICING DISPUTE | NEGOTIATED REINSTATEMENT & WORKOUT

Client's small business obtained an SBA COVID EIDL for $301,000 pledging collateral by executing the Note, Unconditional Guarantee and Security Agreement.  The business defaulted on the loan and the SBA CESC called the Note and Guarantee, accelerated the principal balance due, accrued interest and retracted the 30-year term schedule.  

The loan was transferred to the Treasury's Bureau of Fiscal Service which resulted in the statutory addition of $90,000+ in administrative fees, costs, penalties and interest with the total debt now at $391.000+. Treasury also initiated a Treasury Offset Program (TOP) levy against the client's federal contractor payments for the full amount each month - intercepting all of its revenue and pushing the business to the brink of bankruptcy.

The Firm was hired to investigate and find an alternate solution to the bankruptcy option.  After submitting formal production requests for all government records, it was discovered that the SBA failed to send the required Official 60-Day Pre-Referral Notice to the borrower and guarantor prior to referring the debt to Treasury. This procedural due process violation served as the basis to submit a Cross-Servicing Dispute to recall the debt from Treasury back to the SBA and to negotiate a reinstatement of the original 30-year maturity date, a modified workout, cessation of the TOP levy against the federal contractor payments and removal of the $90,000+ Treasury-based collection fees, interest and penalties.

$975,000 SBA 7A LOAN - SBA OIC CASH SETTLEMENT

$975,000 SBA 7A LOAN - SBA OIC CASH SETTLEMENT

Our firm successfully negotiated an SBA offer in compromise (SBA OIC), settling a $974,535.93 SBA loan balance for just $18,000. The offerors, personal guarantors on an SBA 7(a) loan, originally obtained financing to purchase a commercial building in Lancaster, California.

The borrower filed for bankruptcy, and the third-party lender (TPL) foreclosed on the property. Despite the loan default, the SBA pursued the offerors for repayment. Given their limited income, lack of significant assets, and approaching retirement, we presented a strong case demonstrating their financial hardship.

Through strategic negotiations, we secured a favorable SBA settlement, reducing the nearly $1 million debt to a fraction of the amount owed. This outcome allowed the offerors to resolve their liability without prolonged financial strain.

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