United States of America v. Scott A. Spiro

Albuquerque, New Mexico criminal defense lawyer represented the Defendant, Scott A. Spiro, charged with wire fraud in violation of 18 U.S.C. 1343.

Between April 2020 and December 2021, Spiro, 64, devised and carried out a scheme to defraud the federal government and federally insured financial institutions by submitting fraudulent PPP and Economic Injury Disaster Loan (EIDL) applications under the CARES Act.

As part of the scheme, Spiro created several shell companies that were not legitimate businesses, had no employees, and paid no wages, including Scott A. Spiro JD, LLC, Pacifica Law Clinic, LLC, Spiro Enterprises of NM, LLC, Pacifica Funding Corporation, and Accounting Advisors. Using these entities, Spiro submitted multiple fraudulent loan and loan forgiveness applications to lenders and the SBA. He admitted to making material misrepresentations about the companies’ establishment dates, number of employees, payroll expenses, revenues and monthly wages, and to submitting falsified IRS forms, payroll records, bank statements and New Mexico Secretary of State filings to support the applications.

As a result of these misrepresentations, Spiro obtained $679,690 in PPP and EIDL funds and used the fraudulently obtained funds for personal expenses and debts and the purchase of residential properties in Alamogordo and Ruidoso, New Mexico.

“Pandemic loan relief w

The Defendant was found guilty and was sentenced to 36 months is imposed as to each of Counts 1-8 of Information; said terms shall run concurrently, for a total term of 36 months; SUPERVISED RELEASE: 5 years is imposed as to each of Counts 1-6; 3 years is imposed as to each of Counts 7-8. Said terms shall run concurrently with Special Conditions, for a total term of 5 years; RESTITUTION: Pursuant to the Mandatory Victim Restitution Act, it is further ordered that the defendant make restitution to the Small Business Administration in the amount of $679,690. Restitution shall be submitted to the Clerk of the Court, Attention Intake, 333 Lomas Boulevard N.W. Suite 270, Albuquerque, New Mexico 87102, to then be forwarded to the victim(s). The restitution will be paid in full, or monthly in the amount of $500 of 20% of the defendant's gross monthly income, whichever is greater, until paid in full; SPA: $800; Defendant to voluntary surrender.