United States of America v. Brian Graham

Denver, Colorado, criminal defense lawyer represented the Defendant charged with wire fraud.

Reported by: Kent Morlan

Between April 2020 and August 2021, Brian Graham, 49, Lithia Springs, Georgia, prepared and submitted fraudulent Economic Injury Disaster Loan Program (EIDL), and Paycheck Protection Program (PPP) applications on behalf of several business entities that he controlled. The EIDL and PPP are economic relief programs launched and expanded by the federal government in response to the COVID-19 pandemic. In those applications, the defendant made materially false statements regarding the entities’ number of employees, gross revenues, cost of goods sold, and payroll. He also certified that the information provided in the applications was true and accurate, and that the funds would be used to pay payroll and other permissible business expenses when, in fact, he used the bulk of the proceeds for his personal benefit.

“A fraud on the federal government is a fraud on the American taxpayer,” said United States Attorney for the District of Colorado Peter McNeilly. “I am proud that our office continues to seek out and prosecute these greed-driven criminals who choose to benefit from funds meant to help their fellow Americans in a time of need.”

“This sentencing demonstrates the commitment of the Treasury Inspector General for Tax Administration (TIGTA) to investigate and bring to justice those who victimize the American taxpayer,” said Krystofor Proev, TIGTA Special Agent in Charge. “Fraudulently applying for loans through a federal program meant to assist Americans in need will be met with aggressive investigation and prosecution.”

“Intentional misrepresentation to gain access to Small Business Administration (SBA) program funds intended for the nation’s small businesses is reprehensible,” said SBA Office of Inspector General Western Region Acting Special Agent in Charge Jonathan Huang. “Our Office will remain relentless in the pursuit of fraudsters who seek to exploit SBA’s vital economic programs.”

The Treasury Inspector General for Tax Administration and Small Business Administration Office of Inspector General handled the investigation.

The Defendant was found guilty and was sentenced to 37 months in federal prison, three years of supervised release, and was directed to pay restitution in the amount of $441,546.876.