COVID-19 Relief Fraud: PPP & EIDL Loans Under Investigation & Prosecution
COVID-19 Relief Fraud: PPP & EIDL Loans Under Heightened Investigation & Prosecution Contact us today.
SBA COVID Loan Crackdown: What Small Business Borrowers and Guarantors Need to Know in the Kelly Loeffler Era
Book a Consultation CallWithin hours of taking the oath of office, SBA Administrator Kelly Loeffler circulated a “Day One Memo” pledging to rebuild the agency around an America-First agenda and to impose a zero-tolerance policy for fraud, waste and abuse in every loan program. The memo orders an immediate restart of dormant collections, the creation of a Fraud Working Group, and the appointment of a“Fraud Czar” to claw back pandemic-era losses.
Congress gave the Administrative False Claims Act (AFCA) sharp new teeth in the FY 2025 National Defense Authorization Act. Under the amendments:
Bottom line: the AFCA lets the SBA investigate and punish misconduct quickly and at lower cost while still inflicting painful financial consequences on small business borrowers, owners, officers and guarantors of COVID loans.
Hearing & Decision – After discovery and an evidentiary hearing,the presiding ALJ issues findings in a Decision and Order – which can involve the imposition of penalties or dismisses the case. Appeals go to the SBA Administrator and then to the Federal D.C. Circuit pursuant to rights and remedies under the Administrative Procedures Act (APA).
Each scenario now falls squarely within the AFCA’s scope and can be charged administratively and litigated in the SBA OHA Court before a presiding U.S. Administrative Law Judge (ALJ).
Pending legislation in the Senate, the Complete COVID Collections Act (S. 68), if passed by Congress, would prohibit any pause in collections on delinquent PPP, EIDL or 7(a) loans, compel monthly progress briefings to Congress, and extend the Special Inspector General for Pandemic Recovery’s jurisdiction to SBA programs through 2030. If the bill passes, borrowers and guarantors can expect faster Treasury collection action, more subpoenas and far fewer chances to negotiate voluntary cures.
Under SBA Administrator Kelly Loeffler and a Trump Justice Department that views pandemic fraud as low-hanging fruit, small-dollar COVID loan misconduct is now a front line enforcement priority. The AFCA’s streamlined process, combined with an impending statutory ban on collection pauses, means SBA borrowers, owners, officers and guarantors can face unprecedented exposure—even for paperwork filed years ago.
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.
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
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
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.

Our firm successfully resolved an SBA COVID-19 Economic Injury Disaster Loan (EIDL) default in the amount of $150,000 on behalf of Illinois-based client. After the business permanently closed due to the economic impacts of the pandemic, the owners faced potential personal liability if the business collateral was not liquidated properly under the SBA Security Agreement.
We guided the client through the SBA’s Business Closure Review process, prepared a comprehensive financial submission, and negotiated directly with the SBA to release the collateral securing the loan. The borrower satisfied their collateral obligations with a payment of $2,075, resolving the SBA’s security interest.

Client personally guaranteed SBA 7(a) loan for $150,000. COVID-19 caused the business to fail, and the loan went into default with a balance of $133,000. Client initially hired a non-attorney consultant to negotiate an OIC. The SBA summarily rejected the ineligible OIC and the debt was referred to Treasury’s ureau of Fiscal Service for enforced collection in the debt amount of $195,000. We were hired to intervene and initiated discovery for SBA and Fiscal Service records. We were able to recall the case from Fiscal Service back to the SBA. We then negotiated a structured workout with favorable terms that saves the client approximately $198,000 over the agreed-upon workout term by waiving contractual and statutory administrative fees, collection costs, penalties, and interest.

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.