Kostelanetz partner Chris Ferguson, associate Daniel Davidson, and paralegal Samuel Tadmiri co-wrote “Defending a Pandemic Fraud Prosecution” for the summer/fall edition of the American Bar Association’s Criminal Justice Committee newsletter.
In the article, Chris, Dan, and Samuel explain that, by extending the statute of limitations for prosecuting Paycheck Protection Program (PPP) and Economic Injury Disaster Loan (EIDL) fraud to 10 years, Congress has ensured that pandemic fraud prosecutions will persist for several years. Indeed, pandemic fraud enforcement has been named as a top priority of the Department of Justice under the current administration.
Drawing from their own experience and other noteworthy cases, Chris, Dan, and Samuel discuss trial and negotiation strategies available to defendants accused of pandemic fraud. Topics covered include: (i) the role of a tracing analysis in defending a pandemic fraud case; (ii) the use of defenses predicated upon the fungibility of loan proceeds and unartfully worded loan documents; and (iii) handling cases involving threatened identity theft charges, and their two-year mandatory minimum sentence, as part of plea discussions.
To learn more about pandemic fraud prosecution and defense strategies, read the complete article here.
About Chris
Chris Ferguson has over two decades of experience as a litigator, concentrating his practice on white-collar criminal defense, civil and criminal tax controversies and other regulatory enforcement matters. He has defended clients in federal and state investigations and prosecutions involving allegations of tax fraud, securities fraud, criminal anti-trust violations (bid rigging and price fixing, including in the foreign exchange market), Bank Secrecy Act violations, mail and wire fraud, CARES Act fraud and other fraud involving government programs, and other violations of federal and state law.
About Dan
Dan is an experienced courtroom advocate, having appeared in court at all stages of criminal litigation, from arraignments to evidentiary hearings, trials, sentencings, and post-conviction proceedings. Dan has jury trial experience in federal and state court and, as a prosecutor, gained extensive experience appearing before grand juries in New York City. In addition to frequently representing clients facing allegations of fraud, unreported income, and payroll tax violations, Dan has litigated civil tax disputes against the Department of Justice and foreign tax authorities.
About Samuel
Samuel Tadmiri graduated magna cum laude from Cornell University in May of 2024, where he majored in Environment & Sustainability with a concentration in Food & Environmental Justice and minored in Law & Society.
