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Letter to Congress

Send to your U.S. Representative or Senator

Dear [Representative/Senator Name],

I am writing as a concerned constituent regarding the Department of Justice's enforcement practices in Paycheck Protection Program (PPP) False Claims Act cases.

[YOUR PERSONAL STORY: Briefly describe your situation — when you received your PPP loan, how you used the funds, and what has happened since. If you are currently under investigation, describe the impact on your life and business.]

During the pandemic, millions of small business owners relied on the PPP to protect jobs and save businesses. The SBA's own regulations — specifically SOP 50 10 5(K) — were rapidly drafted and widely acknowledged as ambiguous. The Government Accountability Office has confirmed that fraud indicators used to flag borrowers "are not proof of fraud" and that non-fraudulent recipients may have been flagged due to data discrepancies.

Despite this, the DOJ continues to pursue individual small business owners under the False Claims Act for loans received under these admittedly ambiguous rules — while treating large institutional defendants far more favorably. For example, Kabbage, Inc., accused of systematically inflating thousands of PPP loans totaling up to $120 million in government exposure, was allowed to resolve its case through bankruptcy court. Individual borrowers with single disputed loans are being denied the same treatment.

I respectfully request that your office:

1. Inquire with the DOJ about why individual PPP borrowers are being treated more harshly than large institutional defendants under the False Claims Act.

2. Request data from the SBA on how many individual borrowers are currently subject to active False Claims Act litigation under the ambiguous SOP 50-10 provisions.

3. Consider holding hearings on the fairness and proportionality of PPP enforcement actions against small business owners who acted in good faith under ambiguous regulations.

No small business owner who applied in good faith, under rules the government itself admits were ambiguous, should be driven into financial ruin by years of federal prosecution.

Thank you for your time and your service.

Respectfully,
[Your Name]
[Your Address]
[City, State ZIP]
[Phone Number]
[Email Address]

Find your representatives: Visit congress.gov/members/find-your-member to look up your U.S. Representative and Senators by zip code.

Letter to the Media

Send to journalists, editors, or news outlets

Dear [Editor/Reporter Name],

I am writing to bring your attention to a pattern of disproportionate federal enforcement that is devastating small business owners across the country.

[YOUR PERSONAL STORY: Briefly describe your situation — when you received your PPP loan, how you used the funds, and what has happened since.]

During the pandemic, the Paycheck Protection Program was presented as a lifeline for small businesses. Millions applied in good faith under rapidly drafted, admittedly ambiguous SBA regulations — specifically SOP 50 10 5(K). Now, years later, the Department of Justice is pursuing individual borrowers under the False Claims Act for loans received under these same ambiguous rules.

The government's own agencies cannot agree on the scope of PPP fraud. The SBA's Inspector General estimated over $200 billion in potentially fraudulent funds, while the SBA Administrator put the figure at $36 billion — a $164 billion discrepancy. The GAO confirmed that fraud indicators "are not proof of fraud."

Meanwhile, the DOJ treats large institutional defendants far more favorably. Kabbage, Inc. — accused of inflating thousands of PPP loans totaling up to $120 million in government exposure — was allowed to resolve its case through bankruptcy court. Individual borrowers with single disputed loans are being denied the same treatment and forced into years-long litigation they cannot afford.

I believe this story deserves public attention because:
• The DOJ has formally admitted in court filings that the regulations were ambiguous
• Individual borrowers are being treated more harshly than large corporate defendants
• Small business owners are being driven into bankruptcy by prosecutions that have produced no fraud findings
• There is an active and growing community of affected borrowers at PPPFairness.com

I am available to speak on the record and can provide court documents, government reports, and additional sources.

[Your Name]
[Phone Number]
[Email Address]
PPPFairness.com

Suggested outlets: Your local newspaper, ProPublica, The Washington Post, NPR, or any journalist who has covered PPP loan enforcement stories.

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