We are a team of
former federal prosecutors


Meet the Team
Oberheiden Attorneys

Dallas, Texas Defense Attorneys Representing Clients with Grand Jury Subpoenas

3131 McKinney Ave #600
Dallas, TX 75204
800-810-0259
(Meeting location by appointment only)

Oberheiden & McMurrey, LLP is a health care law defense firm with significant experience in the areas of regulatory compliance, corporate structuring, litigation, government investigations, and criminal defense. Among our attorneys are the former Chief Health Care Fraud Coordinator at the U.S. Attorney’s Office, former senior Department of Justice trial attorneys, former lead prosecutors of the elite Medicare Fraud Strike Force, and other talented attorneys with years of relevant experience and education from the country’s best schools such as Harvard Law School and Yale Law School.

The Oberheiden & McMurrey, LLP has extensive experience representing clients in federal grand jury proceedings. Oberheiden & McMurrey, LLP’s clients will be represented by experienced senior attorneys. Our team includes Lynette Byrd, former AUSA prosecutor and trial attorney and Dr. Nick Oberheiden, health care fraud defense attorney.

Dallas, Texas Grand Jury Investigations

Dallas, Texas has seen a significant increase in federal investigations and grand jury proceedings. Oberheiden & McMurrey, LLP represents individuals and corporations facing grand jury proceedings. Our experienced defense counsel can assist with handling subpoena requests served during the investigation. The federal government investigates health care fraud, securities fraud, fraud related to government programs, mortgage fraud, bank fraud, tax fraud, and procurement fraud. They also investigate cases of embezzlement, computer crimes, and violations of the Foreign Corrupt Practices Act.

If you or your organization has received a grand jury subpoena, call Oberheiden & McMurrey, LLP now to set up your free and confidential consultation. We’ve handled hundreds of grand jury subpoenas, and we know how to minimize the risk of criminal charges to our clients.

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 our 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, photos, videos, and any other items that the government may determine important to the investigation. This subpoena is only enforceable if the documents and records requested are relevant, accurately described, and with a reasonable deadline.

Once the information needed to form an opinion is received, the grand jury can then decide if there is probable cause that a crime exists. The grand jury will either approve the indictment or issue a “No Bill” (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 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 and should not be ignored. Proper objections can be made by counsel. Dallas, Texas grand jury subjects should consult with experienced lawyers to assist in a timely and proper response to the subpoena.
  • Don’t talk to federal agents. If a federal agent contacts you or your business, do not speak with them or agree to an interview. There is nothing to gain from speaking with an agent, despite what they may 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. Know and use your Constitutional rights.
  • 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. The government has various resources at hand that can help it to determine if a record or document has been manipulated. Obstruction of justice is a federal felony.
  • Do not volunteer to provide information. A subpoena does not mean that every document or record in your possession must be handed over. Do not overly cooperate or share unneeded information. A subpoena requests very specific types of information to be submitted. Consult with an attorney. He or she can help you gather, filter, select, and organize files that should be submitted with an appropriate response.

Organizing Grand Jury Subpoena Responses

Providing false or incriminating information as a witness during a federal investigation will create more problems. To reduce the exposure during a grand jury investigation, a target must rely on the attorney to assist throughout the process. An experienced defense attorney can intervene once a grand jury subpoena is received. He or she can help to confine and redefine the scope of the investigation.

  • Organize. Plan your defense in advance if you suspect a grand jury subpoena may be issued. Ensure that all corporate records are in order, organized, and accurate. If they are not, take the time to get organized. For example, a health care practice must ensure that they are in full compliance with policies and that all training is up to date. Make sure that employment contracts and 1099 forms are reviewed and approved by counsel. Have your financials reviewed and tax filings approved by your accountant.
  • Preserve. Criminal prosecution can be a separate matter if any records are hidden, altered, tampered with, or destroyed. A document preservation notice informing your staff and owners of the company to preserve and maintain all communications and documents should be immediately put into place. Everything pertinent to the subpoena should be handled with care. A voluntary preservation effort can have a positive impact on the resolution of your case.
  • Produce. Contact your attorney as soon as you receive a subpoena. They will contact the prosecutor in charge of the investigation and discuss the particulars of the subpoena, request an extension, and expedite any requests that are made. While your attorney communicates with the government, you should begin to gather all requested records and documents. It may take several weeks to gather all the information needed, even though there are limits to how much information and the number of past years a subpoena can ask for. Your attorney will sort through the gathered materials to organize and determine what information must be submitted. They will inform you what must be submitted and which records you can legally withhold.

Oberheiden & McMurrey, LLP

Oberheiden & McMurrey, LLP represents individual and corporate clients in federal grand jury proceedings with the goal to avoid criminal charges. Our attorneys assist clients in federal criminal cases, government investigations, and Grand Jury proceedings across the United States and we have most recently appeared on behalf of our clients in Dallas, Texas. 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.

Defense Attorneys Serving Dallas

Nick OberheidenDr. Nick Oberheiden is an internationally trained defense attorney and has successfully represented clients in federal Grand Jury proceedings across the United States. His main practice is federal criminal law, government investigations, and health care fraud defense work. Dr. Oberheiden has taught U.S. Constitutional Law and U.S. Criminal Law around the world and is a recognized professional on U.S. law by foreign courts.

Lynette ByrdLynette S. Byrd is a former Assistant United States Attorney (AUSA). Ms. Byrd has appeared in trials on behalf of the United States and now represents clients accused of civil or criminal misconduct in courts in Dallas, Texas. She possesses a wealth of experience as a former federal prosecutor and passionate trial attorney.

If you received a government subpoena, contact us today. Speak to the experienced attorneys of Oberheiden & McMurrey, LLP and request a free and confidential consultation to assess your case.

800-810-0259
Including Weekends
Oberheiden & McMurrey, LLP
Serving Dallas, Texas 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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