In 2020, Congress made Paycheck Protection Program (PPP) loans available to businesses struggling with the economic effects of the pandemic. Since this program began, there have been reports of PPP fraud cases. The federal government investigated many of these cases.

Does this mean PPP fraud is a federal crime?

Here’s what you need to know about PPP fraud, as well as what to expect should you face accusations of fraud.

What Is PPP Fraud?

The CARES Act established the Paycheck Protection Program as part of the relief effort for small businesses affected by COVID-19.

To receive a loan under this program, businesses had to provide a detailed application to the US Small Business Administration (SBA). This application includes financial records and other documents that certify that the business meets certain requirements and can use the loan for eligible expenses.

If any part of an application is found to be fraudulent or false, it could constitute PPP fraud. Even if you did not intend to commit fraud, doing so could result in criminal charges under federal law.

For example, misrepresenting payroll costs or lying on an application about employees that do not exist are both forms of PPP fraud.

Is It A Federal Crime?

Yes.

Committing PPP fraud is considered a federal crime and carries significant penalties if convicted.

It is illegal to knowingly devise “any scheme or artifice” with the intent to defraud or obtain money from another person through false pretenses or representations. This same statute also applies to any attempts at mail fraud – something that also might be used in some cases involving PPP loans.

The punishment for violating this provision can include up to 20 years in prison along with fines upwards of one million dollars per count charged against you.

Remember, any form of misrepresentation on an application for a loan under the PPP can lead to serious legal consequences. This includes possible jail time and hefty fines if convicted in a court of law.

It’s essential to understand exactly what kind of information you should provide when applying for these types of loans. You must also be completely honest on your application. This reduces the risk of PPP fraud accusations.

Contact an Attorney If You’ve Been Accused of PPP Fraud

An experienced attorney can help you avoid many of the pitfalls associated with applying for a PPP loan. An attorney protects you from any potential criminal prosecution should your application come under scrutiny.

By understanding how your actions may be seen as criminal violations, you can better protect yourself. An attorney will be at your side, should your case move forward.

Furthermore, if you’ve been accused of PPP fraud, an experienced attorney can help you deal with the situation. They’ll ensure your rights are protected. They’ll also help you build the strongest defense possible based on the circumstances of your case.

For more information or to schedule a consultation to discuss potential accusations of PPP fraud, contact David Lindsey.

Hunting on private property is a great opportunity for those who love the sport. But doing so requires not only permission from the landowner, but written proof on your hunting license of that permission. What do you need to know about hunting on private land and what happens if you’re accused of doing so without permission?

Approximately half of all land in Wyoming is privately owned. This means to hunt on it you must have the owner’s permission. Many Wyoming landowners allow hunting on their private property because it helps them control the wild animal population. But without permission from the owner, you can get into a lot of trouble hunting on land, even if you don’t realize you’re on private property.

Wyoming Incentivices Private Property Owners Who Allow Hunting

One of the reasons private property hunting has increased in the last decade and a half is due to three Wyoming Game and Fish Department programs that provide incentives to landowners who allow access to hunting. The programs affect fishing on private property too.

The programs include:

1. The Hunter-Landowner Assistance Program puts landowners on a list after they report mountain lions and an overwhelming amount of critters on their property. The program connects hunters and landowners on this list to help with animal control but keep access to their land limited.

2. The Hunter Management Area Program provides a cash reward to landowners who permit Game and Fish staff to manage access to their private land. How much a landowner receives is based on the number of acres they enroll in the program. Land must offer access to big and trophy game hunting.

Under the program, landowners sign an agreement that covers boundaries, parking, and access roads. Owners receive $1260 per year for a 1000 acres access. The amount increases after five years of access. Owners might receive bonuses for each year they participate in the program. The program provides signage, patrols, and liability immunity to landowners.

3. The Private Lands Public Wildlife Access Program offers financial compensation to landowners who lease tracts of land to the state for hunting. Additionally, people using the land are encouraged to donate to the program. Donations to the program totaled more than $200,000 in 2015.

Programs Protect Hunters and Landowners

Hunting on land owned by people participating in these programs means you have legal coverage should an issue arise. It’s important to review the parameters of the programs in advance. Make sure you understand your responsibilities as a hunter.

But what happens if you’re caught hunting on land that is not part of these programs?

These programs are great for expanding access to private land hunting. But for some, they create confusion regarding private land access. Add to that that laws tend to be confusing and unclear for those who are not experienced hunters. Your best bet is to stick to public land unless you know you have proof of permission to be on private land. Unfortunately, with the vast wilderness in the state, it’s easy to wander into unmarked areas without intending to.

How an Attorney Helps You Deal with Accusations of Violating Wyoming’s Fish and Game Laws

Working with an experienced defense lawyer if you are accused of violating private property rights while hunting ensures your rights are protected. Nobody should have their life upended because of a mistake they make while enjoying the great outdoors.

In addition to the complicated laws, you’re also dealing with a variety of entities when accused of a hunting crime. In addition to the private landowner, you’ll be answering to the state’s wildlife commission. You need as much support and guidance as possible if you find yourself in this situation.

If you’d like to know more about all potential violations of Wyoming wildlife violations and potential penalties, check out this information from the state’s Game & Fish Department.

To speak to someone about private property violations while hunting or you have questions about laws regarding hunting in Wyoming, contact David Lindsey to schedule a free consultation.

Personal drone use is a relatively new occurrence. But should you be concerned about drone crimes?

A few decades ago it would’ve been unfathomable for people to launch cameras and control them via remote control. But now, people of all ages and income levels own drones and use them for a variety of reasons. And just like most types of technological developments, the law is rushing to catch up with the tech.

If you’ve been accused of a drone crime, what should you know?

Flying a drone, also called an unmanned aerial system (UAS), is a perfectly legal act in Colorado. There are no regulations at the state level.

There are federal regulations, but these laws pertain to airports and drone interference with commercial and passenger planes. Colorado has no laws regarding what you can and cannot do with a drone, nor does Wyoming.

Only federal laws govern drone use. These laws include:

• Commercial drones must adhere to the FAA’s Part 107 Small UAS Rule and obtain a Remote Pilot Certificate.
• Hobbyist drone users must follow the FAA’s guidelines regarding recreational model aircraft and register drones that weigh more than .55 lbs. There are additional rules regarding airspace, altitude, and line-of-sight.
• Government employee use of drones (fire and police departments) must operate under the FAA’s Part 107 rule or obtain a federal Certificate of Authorization.

Do I Need to Register My Drone?

Yes.

According to the Federal Aviation Administration (FAA), users must register all Unmanned Aircraft Systems (UAS or drones) weighing .55 lbs. Registrants classify their drones either under part 107 or the Exception for Recreational Flyers.

To learn more about drone registration, review this information provided by the Federal Aviation Administration.

Can I Be Charged with a Drone Crime If There are No State Laws?

Despite the lack of state-level laws and regulations controlling drone use, it’s still possible to be charged with a crime as a result of your drone usage. This is because people violate other laws when using their drones.

In many cases, people are charged with crimes related to trespassing, invasion of privacy, stalking, and assault. Some states have implemented laws regarding drone use and interference with critical infrastructure facilities and more states are expected to do the same in the coming years.

In addition to the laws that drone users are subject to, other people can also be charged with drone-related crimes if they interfere with drone usage.

For example, someone who damages or destroys a drone is a federal crime because drones are classified by the FAA as aircraft. It’s also illegal to attack someone engaged in the authorized use of a drone. Essentially, the law views attacking a drone operator in much the same way it would attacking an airline pilot.

Drone laws continue to evolve and there is a chance they won’t look the same in five or ten years as they do right now. It’s one of the many reasons why it’s important to work with an attorney when accused of drone crimes.

To learn more about potential drone crime defenses or to discuss your situation with an attorney, contact David Lindsey to schedule a free consultation.