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Meet the Team
Oberheiden Attorneys

Legal Defense Team for Grand Jury Subpoenas Serving the Baton Rouge Area

The Oberheiden & McMurrey, LLP has extensive experience representing clients in federal grand jury proceedings. We have processed hundreds of grand jury subpoenas across the United States. Oberheiden & McMurrey, LLP’s clients will be represented by experienced senior attorneys. Our team consists of former senior Department of Justice trial attorneys, former lead prosecutors from the elite Medicare Fraud Strike Force, and a former Chief Health Care Fraud Coordinator with the U.S. Attorney’s Office. Our attorneys serve clients in Baton Rouge and the surrounding areas.

If you are being investigated for a grand jury proceeding in Baton Rouge or the surrounding areas, call Oberheiden & McMurrey, LLP and ask to speak with a member of our grand jury defense team. The call is free and confidential.

Grand Jury Investigations in Baton Rouge and Surrounding Areas

Federal investigations and grand jury proceedings have greatly increased in the Baton Rouge area of Louisiana. Oberheiden & McMurrey, LLP represents corporations and individuals heading for grand jury proceedings. Our defense counsel can help with handling subpoenas requests served during the investigation. The federal government investigates a multitude of cases from health care fraud, bank fraud, tax fraud, mortgage fraud, procurement fraud, securities fraud, and fraud related to federal government programs. It also investigates cases of embezzlement, computer crimes, and violations of Foreign Corruption Practices Act.

Explaining the Grand Jury Process

A grand jury indictment charges federal felonies as required by the U.S. Constitution. The grand jury has the authority to determine if probable cause for an indictment exists. They determine this by issuing subpoenas as a part of their investigative process. There are two types of federal grand jury subpoenas.

  • Testimony. This type of subpoena requires an individual to appear before the grand jury. During this appearance, they provide a sworn testimony. Counsel is prohibited from being present in grand jury proceedings. There is a risk of self-incrimination during your testimony. Oberheiden & McMurrey, LLP prefers to negotiate a release and help their clients avoid the need for testimony.
  • Documents. This type of subpoena requires an individual or company to release specific documents and records before a determined deadline. This type of subpoena is referred to as subpoena duces tecum. It requires the submission of corporate records, contracts, financial information, e-mail, or text communications between specified individuals, or photos, videos, and any other items the government may determine important to the investigation. This subpoena is only enforceable if the documents and records requested are relevant, accurately described, and come with a reasonable deadline.

Once the grand jury forms an opinion based from the information, they then decide if there is probable cause that a crime exists. The grand jury will either approve the indictment or issue a “No Bill.” This means that there is insufficient evidence presented by the prosecution. A formal notification will be sent by the government in cases of indictment charges. Many parties are left unaware that an investigation is being conducted because grand jury hearings convene in private chambers absent from the public. An indictment should not be confused with a conviction or guilt. A grand jury only determines if there is probable cause that a crime exists in order to proceed to an actual trial. Guilt and conviction are an entirely different matter and will be addressed in a traditional criminal proceeding.

Facing a Grand Jury Subpoena? Here’s What You Need to Know

The purpose of the grand jury is to determine if a party should be indicted for a crime or not. Their function in the investigatory process should encourage parties to create proper defense plans. Often, potential targets may be brought in as only witnesses, which can be accredited to effective defense work.

  • Do not underestimate the power of a grand jury subpoena. Subpoenas are fully enforceable by law. Do not ignore it. Baton Rouge grand jury subjects should consult with experienced lawyers to assist in a timely and proper response to the grand jury subpoena.
  • Don’t ever agree talk to federal agents without a lawyer. If a federal agent contacts you or your business, do not speak with them or agree to an interview without your lawyer. Nothing good will come from that, despite what they tell you. It is important to have your lawyer present. Federal law prohibits you from misrepresenting or lying to a federal agent. You can provide your name and identification to them, but you should insist that any conversations cannot occur without your attorney present. It is your Constitutional right to have a lawyer present. You should use this right.
  • Do not delete, alter, or destroy requested records. You must not destroy, alter, or tamper with any documents, records, communications, pictures, videos, or any other records you have been notified to provide by subpoena. Doing so is obstruction of justice. This is a federal felony. The federal government can determine if you have altered a document.
  • Do not volunteer information. A grand jury subpoena does not mean that every document or record must be handed over. Do not overly cooperate or share unneeded information. A grand jury subpoena requests very specific types of information to be submitted. Talk with your Baton Rouge defense attorney before you provide any information or documents. Your attorney will help you gather, choose, and organize files that should be submitted along with an appropriate legal response.

Organizing Your Grand Jury Subpoena Response

Never provide false or incriminating information as a witness. Otherwise, you will create serious problems for yourself or your business. To reduce your risk during the grand jury investigation, you simply must rely on your Baton Rouge defense lawyer for guidance. An experienced defense attorney can intervene from the very moment the grand jury subpoena is received. A good defense attorney has the ability to limit the scope of the investigation. Here are some tips to assist you.

  • Proper organization of the documents. If you believe that a grand jury subpoena may be issues, have a defense plan ready. All of your corporate records should be in order, properly organized, and accurate. If they aren’t, you must take the appropriate steps to get them in order. This means making sure that all of your training issues are taken care of and that you are in legal compliance in all areas. It means making sure that employment contracts and 1099 forms are reviewed and approved by your attorney. You should have your accountant review and approve of all of your financial records and your tax documents.
  • Preservation starts right away. Criminal prosecution can be a separate matter if any of your records are hidden, altered, tampered with, or destroyed. A document preservation notice should be immediately issued. This document informs your staff and owners of the company to preserve and maintain all communications and documents. Everything related to the grand jury subpoena should be handled with the utmost care and professionalism. A voluntary preservation effort can have a positive impact on the resolution of your case.
  • Produce the requested documents. Contact your Baton Rouge defense attorney as soon as you receive a grand jury subpoena. They will contact the prosecutor in charge of the investigation to discuss the requirements of the subpoena, request an extension if necessary, and facilitate any requests. Your job is to gather all of the requested records and documents. This process may take several weeks. There are limits to how much information and the number of past years a subpoena can request. Your lawyer will sort through the gathered materials to organize it and determine which records and documents must be submitted.

Oberheiden & McMurrey, LLP

Oberheiden & McMurrey, LLP represents individual and corporate clients in federal grand jury proceedings with the objective of avoiding criminal charges. Our attorneys assist clients in federal criminal cases, government investigations, and grand jury proceedings across the United States. We have most recently appeared on behalf of our clients in Baton Rouge. The following represent case outcomes.

  • Grand Jury Subpoena against Physician
    Result: No criminal charges.
  • Grand Jury Subpoena against Physician
    Result: No criminal charges.
  • Grand Jury Subpoena against Pharmacy
    Result: No criminal charges.
  • Grand Jury Subpoena against Business Owner
    Result: No criminal charges.
  • Grand Jury Subpoena against Accountant
    Result: No criminal charges.
  • OIG Subpoena against Business
    Result: No criminal charges.
  • OIG Subpoena against Business
    Result: No criminal charges.
  • OIG Subpoena against Business
    Result: No criminal charges.
  • OIG Subpoena against Business
    Result: No criminal charges.
  • OIG Subpoena against Business
    Result: No criminal charges.
  • OIG Subpoena against Business
    Result: No criminal charges.

Grand Jury Defense Lawyers serving Baton Rouge, Louisiana

Nick OberheidenNick Oberheiden has successfully represented health care executives, business owners, public officials, physicians, and lawyers in high profile prosecutions, during accusations of political corruption, government investigations, and directed media campaigns, including 60 Minutes. In addition to his health care defense practice, Dr. Oberheiden leads internal investigations, implements corporate compliance programs, and teaches U.S. criminal law and federal litigation in the United States and abroad.

Lynette ByrdLynette S. Byrd is a former Assistant United States Attorney (AUSA). Clients greatly benefit from Ms. Byrd’s experience from the Department of Justice, where she prosecuted Anti-Kickback violations, False Claims Act, and Stark violations on behalf of the United States. Ms. Byrd has immense experience with health care law enforcement, and she regularly argues federal matters for her clients.

We are available every day of the year for our clients. Call us directly, complete our contact form, or email us.

225-308-2440
Including Weekends
Oberheiden & McMurrey, LLP
Serving Baton Rouge, Louisiana and Surrounding Areas
www.federal-lawyer.com
This information has been prepared for informational purposes only and does not constitute legal advice. This information may constitute attorney advertising in some jurisdictions. Reading of this information does not create an attorney-client relationship. Prior results do not guarantee similar future outcomes. Oberheiden & McMurrey, LLP is a Texas LLP with headquarters in Dallas. Mr. Oberheiden limits his practice to federal law.

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