We are a team of
former federal prosecutors


Meet the Team
Oberheiden Attorneys

Providing Legal Defense for Grand Jury Subpoenas in the Midland-Odessa Area

The Oberheiden & McMurrey, LLP is a health care law firm with experience in regulatory compliance, corporate structuring, litigation, civil government investigations, criminal government investigations, and in criminal defense. Members of our Health Care Fraud Defense Team include a former Chief Health Care Fraud Coordinator with the U.S. Attorney’s Office, former senior Department of Justice trial attorneys, former lead prosecutors with the Medicare Fraud Strike Force, 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 the Midland-Odessa, Texas and the surrounding areas.

If you’ve been alerted that you’re being investigated by a grand jury in the Midland-Odessa, Texas area, call Oberheiden & McMurrey, LLP and ask to speak to a senior attorney right away. The initial call is free and confidential.

Grand Jury Investigations in Midland-Odessa, Texas

Midland-Odessa, Texas has experienced a significant increase in federal investigations and grand jury proceedings. Oberheiden & McMurrey, LLP represents individuals and businesses under investigation by the grand jury. Our team of experienced defense lawyers can assist with subpoena requests served during the investigation process. These investigations are often in reference to allegations of health care fraud, securities fraud, mortgage fraud, fraud related to government program, tax fraud, bank fraud, and procurement fraud. Embezzlement, computer crimes, and violations of Foreign Corruption Practices Act are other causes for investigation.

Grand Jury Process Explained

A grand jury indictment involves federal felonies. The grand jury has the authority to determine if probable cause for an indictment exists. They determine this by issuing subpoenas as part of the grand jury investigation process. Two types of federal grand jury subpoenas are:

  • Required to give testimony. This type of subpoena requires an individual to appear before the grand jury to provide a sworn testimony. Your legal counsel is not allowed to be present during the grand jury proceedings. There is a risk of self-incrimination when you are testifying. Oberheiden & McMurrey, LLP works on behalf of clients to minimize the risk of testimony.
  • Documents required by subpoena. This type of subpoena requires an individual or company to provide specific documents and records before a specific deadline. This type of subpoena is referred to as subpoena duces tecum. You may be asked to produce corporate records, contracts, financial information, e-mail, or text communications between specified individuals, photos, videos, and any other items the federal government may determine as an important aspect of their investigation into your business practices. This subpoena is only enforceable if the documents and records requested are relevant, accurately described, and the subpoena has a reasonable deadline.

Once the information needed to form an opinion is received, the grand jury can decide if there is probable cause that you’ve committed a crime. The grand jury will either approve the indictment or issue a “No Bill.” That means there is insufficient evidence presented by the prosecution to charge you with a crime.  A formal notification will be sent by the government if you’re indicted. Often, people don’t even realize that they’re being investigated. This is because the grand jury meets in private. An indictment should not be confused with a conviction or with guilt. A grand jury only determines if there is probable cause that a crime occurred in order to proceed with an actual public criminal trial. Guilt and conviction are an entirely different matter and will be addressed in a criminal proceeding, provided that the case goes that far.

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

The grand jury’s purpose is to determine if you should be indicted for a crime. You and your legal counsel should use the time to formulate a good defense. Often, potential targets may be brought in as only witnesses. This can be credited to an effective defense.

  • Do not underestimate the power of a grand jury subpoena. Subpoenas can be enforceable by law. You should not ignore it. Proper objections can be made by counsel. Grand jury subjects in Midland-Odessa and the surrounding areas should consult with experienced defense lawyers to assist in a timely and proper response to the subpoena. Time is important. Remember, subpoenas have a deadline.
  • Do not give out too much information in your testimony or in the documents. A subpoena does not require that you turn over every document or record in your possession. Do not share unneeded information or documents. A subpoena requests very specific types of information to be submitted. Consult with a Midland-Odessa defense attorney. An attorney will help you gather, select, and properly organize files that should be submitted along with drafting an appropriate response on your behalf.
  • Don’t ever agree to talk to federal agents. If a federal agent contacts you or your business, do not speak with them or agree to an interview. They may tell you that it’s in your best interest, but that’s just not true. It is important to always have your lawyer present anytime that you speak with a federal official. Federal law prohibits anyone from misrepresenting or lying to a federal agent. Provide only your name and identification information. However, you should make sure and insist that any conversations will not occur without your attorney present. It is important that you know and use your Constitutional rights.
  • Don’t delete, alter, or destroy requested records. You must not destroy, alter, or tamper with any documents, records, communications, photos, videos, or any records you have been subpoenaed to produce. The government will know if you’ve manipulated or changed one of those required records. Obstruction of justice is a federal felony.

Preparing Your Grand Jury Subpoena Responses

Remember, it is a federal crime to provide misleading or false information to the federal government. It creates more problems. To reduce your exposure during a grand jury investigation, you must rely on your defense attorney to guide you through the process. An experienced Midland-Odessa defense attorney can intervene once you’ve received a grand jury subpoena. A Midland-Odessa defense attorney can help confine and redefine the scope of the investigation.

  • Get organized. It’s important to plan your legal defense in advance if you suspect a grand jury subpoena may be issued. Make sure that all of your corporate records are in order, organized, and accurate. If not, get them 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. Your accountant should review your financials and tax filings.
  • Preserve documents. Criminal prosecution can be a separate matter if any of the requested 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 written, disseminated, and enforced. Everything listed in the subpoena should be handled with extreme care. A voluntary preservation effort can have a positive impact on the resolution of your case.
  • Produce the right documents. Contact a Midland-Odessa defense attorney as soon as you receive a grand jury subpoena. Your attorney can contact the federal prosecutor involved and discuss the details of the subpoena, request an extension, and expedite any requests that are made. While your attorney stays in contact with the government, you should gather the requested records and documents. It may take weeks to gather all of the requested documents. However, there are limits to how much information, and there is a maximum age on the records, that can be requested. Your attorney will sort through the materials that you’ve gathered and organize them. Your attorney will determine what information must be submitted. Then, your attorney will inform you what must be submitted and which records you can legally withhold.

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 Midland-Odessa, 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 Midland / Odessa, 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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