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Oberheiden Attorneys

Legal Defense Attorneys for Grand Jury Subpoenas in the McAllen, Texas Region

The Oberheiden & McMurrey, LLP has experience advocating for clients in federal grand jury proceedings. We have defended hundreds of clients who received grand jury subpoenas across the United States. Oberheiden & McMurrey, LLP clients will be represented by our experienced senior attorneys. Our team consists of former senior Department of Justice trial attorneys, former lead prosecutors from the elite Medicare Fraud Strike Force, a former Chief Health Care Fraud Coordinator with the U.S. Attorney’s Office, and talented attorneys with years of experience and with education from the nation’s best law schools, including Yale and Harvard. Our attorneys serve clients in McAllen, Texas and the surrounding areas.

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

Grand Jury Investigations in McAllen, Texas and the Surrounding Areas

Grand jury investigation numbers have skyrocketed in McAllen, Texas over the last few years. Oberheiden & McMurrey, LLP represents corporations and individuals heading for grand jury proceedings. Our qualified McAllen, Texas defense lawyers can help you or your business handle a grand subpoena served during the investigation. We will contact the federal government to begin legal advocacy on your behalf once we are retained.

The federal government investigates allegations of tax fraud, bank fraud, mortgage fraud, health care fraud, securities fraud, and fraud related to federal health care programs. The federal government also investigates cases of computer crimes, embezzlement, and violation of Foreign Corruption Practices Act.

Explaining the Grand Jury Process

A grand jury indictment involves one or more 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.

  • Subpoena requiring your testimony. This type of subpoena requires an individual to appear before the grand jury to provide a sworn testimony. This is a serious matter because your lawyer will not be allowed to be present during grand jury proceedings. There is a serious risk of self-incrimination during this time. Oberheiden & McMurrey, LLP prefers to negotiate a release and help their clients avoid the need for testimony.
  • Subpoena requiring 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 you to submit corporate records, contracts, financial information, e-mail, or text communications between specified persons, or photographs, videos, and any other items that the government believes to be important to their investigation. This subpoena is only enforceable if the documents and records requested are relevant, accurately described, and with a reasonable deadline. Make sure that you immediately contact Oberheiden & McMurrey, LLP if you receive this subpoena. Don’t wait.

Once the grand jury receives the information and forms an opinion, they will determine if probable cause exists related to whether you may have committed a crime. This isn’t about guilt or a conviction. If probable cause is found, this is called an indictment. Guilt and conviction will be determined by a traditional criminal trial. The grand jury will either approve the indictment or issue a “No Bill.” “No Bill” means that there isn’t enough evidence presented by the prosecution for them to find probable cause. A formal notification will be sent by the government in cases of indictment charges. Many parties are left in the dark about an investigation being conducted because grand jury hearings convene in private chambers, absent from the public.

Organizing Grand Jury Subpoena Responses

The most important thing to know about grand jury subpoenas is that you should never provide false or incriminating information. This is obstruction of justice. Obstruction of justice is a federal felony. You must have a qualified McAllen, Texas defense lawyer to guide you through the process. An experienced defense attorney can intervene once a grand jury subpoena is received. They can help limit the scope of the investigation.

  • Organization is important. If you have the worry that there may be a grand jury subpoena issued against you, you need to have a defense plan. First, make sure that all of your corporate records are in order, organized, and accurate. Make sure that your business is in total compliance and that all training issues are taken care of. Make sure that employment contracts and 1099 forms are reviewed and approved by your attorney. Your tax filings and your financial documents should all be reviewed and approved by your accountant.
  • Start preserving documents now. Criminal prosecution can be a separate matter if any of your records are hidden, altered, tampered with, or destroyed. You must send out a document preservation notice right away. This document informs your staff and owners of the company to preserve and maintain all communications and documents effective immediately. Anything that is pertinent to the subpoena should be handled with absolute care and professionalism. If you make a voluntary preservation effort, it can have a positive impact on your investigation.
  • Produce the requested documents. Contact your defense attorney as soon as you receive a grand jury subpoena. Oberheiden & McMurrey, LLP immediately contacts the prosecutor in charge of your investigation to discuss the subpoena and the investigation. We may request an extension if it is necessary, and we will facilitate any requests made. During that time, you should begin to gather all of the requested records and documents. This can take several weeks although there are limits to how much information and the number of past years a subpoena can request. Oberheiden & McMurrey, LLP helps clients sort through the materials to organize and determine what information must be submitted. We will also determine which records and information you may legally withhold from the federal government.

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

The purpose of the grand jury is to determine if you should be indicted for a crime. Their function in the process should encourage you to create a proper defense plan with your lawyer. Often, potential targets are only called as witnesses. This can be accredited to effective defense work.

  • Do not underestimate the power of a grand jury subpoena. Do not ignore a subpoena. Subpoenas are fully enforceable by law. Proper objections can be made by your lawyer if and when they are needed. McAllen, Texas grand jury targets should immediately consult with an experienced McAllen, Texas defense lawyer to assist in drafting a timely and proper response to the subpoena.
  • Don’t talk to federal agents without your attorney. If a federal agent asks you to speak with them, don’t do it unless your attorney is present. They will lie to you and tell you it will help your case. Do not believe them. You must have your lawyer present. It is your Constitutional right and you must exercise it to protect yourself. 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.
  • Do not delete, alter, or destroy requested records. Do not destroy, alter, or tamper with any documents, pictures, records, communications, videos, or any other records you have been notified to provide by a grand jury subpoena. The federal government will find out if you do. Then, you will likely be charged with obstruction of justice, a federal felony.
  • Do not volunteer information. A subpoena does not mean that you must hand over every document or record. Give the government only what it requests. Do not share unneeded information. A grand jury subpoena requests that you provide very specific types of information. You must talk with a defense attorney for guidance. They can help you gather, choose, and properly organize files that should be submitted. Your lawyer can also help develop an appropriate legal response.

Oberheiden & McMurrey, LLP

Oberheiden & McMurrey, LLP represents corporate and individual clients in federal grand jury proceedings. Our priority is to help our clients 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 the State of Texas. The following information represents case outcomes.

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 New York, New Jersey, Missouri, Tennessee, Texas, New Mexico, California, Arizona, Florida, South Carolina, Colorado, and Michigan. 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 McAllen, Texas

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 health care fraud, 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.

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