SBA COVID PPP & EIDL Business Closure Reviews & Regulatory Compliance Audits
Book a Consultation CallAn SBA Loan Regulatory Compliance Review — also known as a COVID EIDL Business Closure Review or a Risk-Based PPP Lender Review — is an SBA Office of Credit Risk Management (OCRM) audit that happens after the money has been disbursed and deposited into a small business’ bank account. The review generally tests three things:
The authority sits in 13 C.F.R. § 120.1010 and SOP 50 10 7; think of it as the SBA’s quality-assurance backstop for every 7(a), PPP and COVID EIDL loan on the books.
Bottom line: Congress, GAO, OIG, and headline fraud totals have the SBA under a microscope. Post-funding reviews are how the agency shows it can police the $1.2 trillion it rushed out the door.
Risk-algorithm flags– Large balance, rapid delinquencies, linked federal debts
Random sampling – Quality-control pulls to keep lenders honest
Event-driven – Guaranty-purchase request, default, DOJ / OIG referral
Program directive – Blanket sweeps of PPP ≥ $2 million or 2024-2025 fintech campaigns
A certified public accountant (CPA) applied for an SBA COVID EIDL Loan and received an initial disbursement of $150,000. Months later, the SBA contacted him and offered additional COVID money for his business. The CPA applied for and received a modified increase in a second disbursement. However, despite paying the loan under the terms of the agreement, in 2025, the SBA contacted him after conducting a regulatory compliance review, accusing him of fraud. The SBA auditor alleged that his 2019 revenue was “overstated,” implying fraud—even though SBA initially validated the same IRS transcript from 2019 during the CPA’s 2021 increase request which was prompted by SBA personnel inviting him to apply for additional funding
As a result, the CPA is now facing default, acceleration of the loan (which terminates the remaining 25 year repayment schedule), referral to OIG / DoJ for further investigation of AFCA or FCA charges, or aggressive collection action through the Bureau of Fiscal Service's Treasury Offset and Cross-Servicing Programs.
A small business entrepreneur applied for SBA COVID EIDL as her newly minted yoga and pilates business was shut down by the governor of her state. Since her business did not meet the criteria of an "essential business," no revenue coming in as her clientele was forced to "shelter in place" due to COVID-19 restrictions. When the SBA first opened the COVID PPP and EIDL loan programs to small businesses, she immediately submitted an application for the EIDL loan as this was the only way for her business to survive. The SBA loan specialist who reviewed her application materials, however, canceled her EIDL application indicating that her business was not eligible since she only started her business in January 2020 - just 3 months before the pandemic declaration. Her business never received any COVID EIDL funds. Fast forward to 2025, and she submitted an application for a 7(a) loan for her business which survived the pandemic without any SBA COVID assistance. The participating lender reviewing her 7(a) loan application sent it to the SBA as part of the 7(a) guaranty and authorization process. That submission apparently triggered an SBA review.
As a result of this compliance review, the SBA not only denied the 7(a) loan authorization and guaranty, but also debarred the business and the owner/officer from participating in SBA loan programs because of the investigator's claim she fraudulently applied for an otherwise ineligible COVID loan in 2020 - even though she never received any government funds. Because of this, she has received permanent SAM.gov exclusion, no SBA financing and reputational damage. Moreover, she could still face either an AFCA or FCA charge by OIG or DoJ as a result of certifying that her business was in need of SBA COVID EIDL funds and was eligible.
Two or more red flags? Assume your file is being queued for SBA audit.
Must-Do Actions Before the Notice Arrives
• Build a digital file now
• Match revenue/payroll data across all filings and submissions to the SBA
• Maintain bank, credit card statements & invoices and tax return filings for six-year retention up to ten years (per the statute of repose due to delayed discovery of fraud)
• Respond to SBA information demand requests (IDR) within the deadline
• Monitor SAM.gov & CAIVRS for surprise listings and exclusions
Must-Do Actions Before the Notice Arrives
• Verify equity injection, lien perfection, and 1502 timeliness
• Keep risk ratings clean; OCRM now grades quarterly
• Answer SBA information requests within the deadline
Must-Do Actions Before the Notice Arrives
Transparent communication through experienced legal counsel —inconsistencies could prevent or resolve issues early and cost far less than subsequent fraud referrals to OIG / DoJ and/or False Claims Act charges
A post-funding compliance review can turn a forgiven or settled COVID loan into a white-knuckle legal battle years later. Honest paperwork errors, a canceled application, or a mismatch the SBA missed in 2020 can be recast as fraud in 2025.
If you receive a “business closure review,” “post-funding compliance review,” or any sudden SBA document request:
Contact experienced SBA loan defense counsel immediately.
Our SBA Attorneys has guided thousands of borrowers through reviews, contested or negotiated debts assessed against owners, officers and guarantors, and litigated cases before 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.
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.
The client personally guaranteed an SBA 7(a) loan for $150,000. His business revenue decreased significantly causing default and an accelerated balance of $143,000. The client received the SBA's Official 60-day notice with the debt scheduled for referral to the Treasury’s Bureau of Fiscal Service for aggressive collection in less than 26 days. We were hired to represent him, respond to the SBA's Official 60-day notice, and prevent enforced collection by the Treasury and the Department of Justice. We successfully negotiated a structured workout with an extended maturity date that included a reduction of the 14% interest rate and removal of substantial collection fees (30% of the loan balance), effectively saving the client over $242,000.
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’sBureau 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.
Client personally guaranteed SBA 7(a) loan balance of $58,000. The client received a notice of Intent to initiate Administrative Wage Garnishment (AWG) Proceedings. We represented the client at the hearing and successfully defeated the AWG Order based on several legal and equitable grounds.
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