Sentencing Advocacy Group · Preparation resources
Federal Bank and PPP Fraud Sentencing: Organize the Financial and Personal Record
Bank-fraud and PPP-related cases require careful preparation of the underlying records, not assumptions based on a loan amount or news headline. Separate the financial analysis for your attorney from the personal history, accountability and practical changes that support sentencing preparation.
Identify the charge, stage and next deadline.
“PPP fraud” describes a subject matter, not a complete statement of the charges in an individual case. Start with the charging document and any plea agreement. Record the next court date, PSR interview or sentencing deadline, and identify which issues remain disputed. Counsel should explain the offenses, applicable Guidelines and any additional counts; do not assume all bank or pandemic-loan cases follow the same calculation.
For bank-fraud matters: assemble the loan chronology.
Build a file for each relevant loan or transaction. Include the application and supporting statements, lender communications, approvals, funding records, account activity, collateral documents and payment history. Record who prepared, reviewed and signed the materials. Keep original documents intact and distinguish what you know firsthand from what another person reported.
- Application: retain the version submitted and the records underlying its statements.
- Funding and use: connect disbursements to bank statements and documented transactions.
- Collateral and recovery: identify source documents and dates; let counsel determine their legal significance.
- Repayment: maintain receipts and balances separately from future proposals.
For PPP matters: separate application, spending and forgiveness.
Organize each borrowing entity and loan separately. Preserve the original application, certifications, payroll and tax records, relevant bank statements, communications with preparers and lenders, and any forgiveness application or decision. SBA’s COVID-era program resources provide program background; counsel must examine the rules and forms applicable to the actual dates.
A useful working index distinguishes three questions: what was submitted, how funds were used, and what was later represented in seeking forgiveness. Label contemporaneous records separately from later summaries. Do not recreate missing payroll, alter a certification or treat an administrative forgiveness decision as a substitute for legal review of a criminal case.
Keep the different dollar amounts distinct.
Requested funds, disbursed funds, spending, repayment, recoveries, claimed loss and restitution may be different figures. Make a reconciliation worksheet showing the amount, source, date and unresolved question for each. Do not choose the most favorable figure and label it the sentencing loss.
Counsel evaluates the governing calculation and supporting law. The USSC loss primer is a starting reference, not a case-specific answer. Our fraud Guidelines guide explains how to organize the discussion.
Build a verifiable record of accountability.
Preparation should explain what has changed and provide records that can be checked. Relevant work may include accurate bookkeeping, independent review, revised approval authority, training, lawful employment, treatment where appropriate and documented restitution efforts. Choose steps that address the actual conduct and circumstances, rather than assembling a generic list of activities.
For business owners, identify who now checks financial representations and how discrepancies are raised. Document implementation dates and ongoing review. Do not claim that hiring an accountant or completing a course guarantees a sentencing benefit.
Prepare the person as well as the paperwork.
Organize employment, education, health, caregiving and family history before the PSR interview. Keep an honest chronology of corrective steps and setbacks. Coordinate a personal statement and firsthand character letters with counsel so they do not contradict the record or minimize the harm.
See PSR interview preparation and the documented mitigation methodology. SAG’s role is factual preparation and organization; legal positions and court submissions remain counsel’s responsibility.
Prepare for your private case review.
- Identify your current stage and next deadline.
- List the loans, entities and record categories involved without sending sensitive account information through the inquiry form.
- Identify counsel and how preparation should be coordinated.
- List missing records and work already completed.
- Explain where you need direct help: PSR preparation, personal history, supporting evidence or a structured work schedule.
Questions clients ask
Does repaying a loan guarantee probation?
No. Keep accurate proof of repayment, but counsel must evaluate the whole case. SAG does not promise probation, a percentage reduction or a particular sentence.
Should bank fraud and PPP fraud be treated as the same case type?
No. This guide separates their record-preparation needs. The actual charging documents, transactions and applicable law control the legal analysis.
Can SAG calculate my legal exposure?
Your attorney evaluates legal exposure and guideline disputes. SAG helps organize the factual and personal record and identify questions that need professional review.
Sources and related preparation
USSC 2025 Guidelines Manual · USSC loss primer · SBA COVID-era program resources · Wire fraud sentencing guide. Counsel should verify the applicable edition, rules and controlling law.
By Joseph De Gregorio · Sentencing Advocacy Group. Reviewed October 22, 2026. Educational preparation information, not legal advice. SAG is not a law firm. Individual outcomes vary; no sentence, placement or release result is guaranteed.