Legal Question in Criminal Law in California

statute of limitations

Hello, My question is about when the SOL begins to run. I have received an SBA loan for sending products overseas. The loan was delayed so long that I lost all my orders. I then received the loan and then (not a good idea) tried to reclaim these orders and/or get new ones. I failed and the SBA claims that it was my intention all along to defraud them. Even though I have proof I went to Korea and Greece to get orders.

Now my question is this. Since the SBA claims that it was my intention all along to defraud them, does the SOL start when I submitted the loan papers. I know that with the IRS, the SOL starts when you submit a fraudulent tax return. Same thing when you submit a fraudulent claim to FEMA.

All I really need to know is if the SOL started when I submitted the SBA loan application since they claim I did it with the sole intention to defraud?

Thank you


Asked on 9/21/07, 2:28 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: statute of limitations

My opinion, and yours, on the SOL is irrelevant. The SBA opinion is the only one that counts. They'll either file or not, depending on their opinion. If they pursue the claim, then by definition, their lawyers think they are timely. If you intend to fight this, then your attorney will raise the SOL in your defense and the court will ultimately decide. If you want to try to 'persuade' them not to file because of the SOL running, then hire an attorney to make that argument now, if the facts support it. With a full review of the facts and documents, he can give you an informed opinion about it. Feel free to contact me for legal defense is serious, if the case is in SoCal.

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Answered on 9/21/07, 1:11 pm


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