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Oberheiden Attorneys

Experienced Legal Defense for Grand Jury Subpoenas in the New Orleans Area

The Oberheiden & McMurrey, LLP is experienced in advocating for clients in federal grand jury proceedings. We have processed hundreds of grand jury subpoenas across the nation. Clients of Oberheiden & McMurrey, LLP will be represented by our experienced senior staff of attorneys. This team consists of a former Chief Health Care Fraud Coordinator with the U.S. Attorney’s Office, former lead prosecutors from the elite Medicare Fraud Strike Force, a former senior Department of Justice trial attorneys, 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 New Orleans, Louisiana and the surrounding areas.

If you are under investigation for a grand jury proceeding in New Orleans or the surrounding area, call the Oberheiden law Group and ask to speak with a member of our grand jury defense team. Your initial consultation is free and confidential.

New Orleans, Louisiana Grand Jury Investigations

New Orleans has seen an increase in the number of federal grand jury proceedings and associated investigations. Oberheiden & McMurrey, LLP represents individuals and corporations being targeted by a New Orleans grand jury proceeding. Our defense counsel can help with handling subpoena requests that are served during the investigation. The federal government may investigate cases of tax fraud, bank fraud, mortgage fraud, health care fraud, securities fraud, and fraud related to federal government programs. The federal government also investigates cases of computer crimes, embezzlement, and violations of the Foreign Corruption Practices Act.

Explaining the Grand Jury Process

A grand jury is involved with indicting someone with one or more federal felonies as required by the U.S. Constitution. The grand jury has the authority to decide if probable cause exists. If they believe it does, this is known as an indictment. An indictment is not the same as a conviction or guilt. It just means that they believe there is enough evidence of a crime that you can be tried in criminal court. Two types of subpoenas may be issued during the investigation:

  • Subpoena ordering sworn testimony. This type of subpoena requires an individual to appear before the grand jury and provide sworn testimony. This creates a risk of self-incrimination during your testimony because your lawyer will not be allowed inside of the proceedings. Oberheiden & McMurrey, LLP prefers to negotiate a release and help their clients avoid the need for testimony.
  • Subpoena requesting documents. This type of grand jury subpoena requires an individual or company to release specific documents and records before a specified 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 named individuals, or photographs, videos, and any other items that the government may determine important to the investigation. This subpoena is enforceable if the documents and records requested are relevant, accurately described, and with a reasonable deadline.

The grand jury reviews the documents and hears testimony. Then, they decide if probable cause of a crime exists. Remember, an indictment isn’t the same as guilt or conviction. If they indict, this means that you could be tried in traditional criminal court. They may issue a “No Bill.” A “No Bill” means that there isn’t enough evidence presented by the prosecution.

If you are indicted, a formal notification will be sent by the government. 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

How you prepare to respond to a grand jury subpoena is incredibly important. You should never provide false or incriminating information as a witness. If you do, you may face more charges. You can reduce your risk during this investigation by relying on your New Orleans defense attorney to guide you through the process. Oberheiden & McMurrey, LLP can guide you through this process from the very moment you receive a grand jury subpoena. Our objective is to limit the scope of the investigation against you or your business.

  • Get organized and prepared. If you think that that you may receive a grand jury subpoena, you need to have a defense plan in place. All of your corporate records must be ordered, organized, and accurate. Make sure that all compliance and training matters are addressed. Employment contracts and 1099 forms should be reviewed and approved by counsel. Your accountant should review all of your financial records and tax filings.
  • Preserve your documents. Criminal prosecution can be a separate matter if any of your records are hidden, altered, tampered with, or destroyed. Prepare and issue a document preservation notice immediately. Everything related to the subpoena should be carefully handled. Putting this policy into place can help your case.
  • Produce the right documents. Contact your New Orleans defense attorney as soon as you receive a grand jury subpoena. Oberheiden & McMurrey, LLP will immediately contact the federal prosecutor to discuss the subpoena and its requests, request an extension, and facilitate any requests that are made. During this time, you should be gathering the requested documents and records. It may take several weeks to gather all the information needed, although there are limits to how much information and the number of past years a subpoena can ask for. Your defense attorney will assist you in organizing the gathered materials and determine what information must be submitted and what you may legally withhold.

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. The entire process should encourage you to have a defense plan. Often, effective defense work can turn potential targets into just witnesses.

  • Do not underestimate the power of a grand jury subpoena. Do not ignore a subpoena. Subpoenas will be enforced by law. Objections can be made by your attorney. This is why New Orleans, Louisiana area business and individuals should consult with experienced lawyers to assist in forming the timely and proper response to the grand jury subpoena.
  • Don’t agree talk to federal agents. If a federal agent contacts you or your business, do not speak with them or agree to an interview without your attorney. It will not end well for you despite what they tell you. You have the Constitutional right to have your attorney present and you should assert this right. 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. You must not destroy, alter, or tamper with any documents, pictures, records, communications, videos, or any other records that you have been notified to provide by a grand jury subpoena. Doing so can lead to your facing a charge of obstruction of justice. That is a federal felony. The government will find out if you alter, delete, or otherwise manipulate the requested documents.
  • Do not volunteer to provide information. A subpoena does not mean that every document or record in your possession must be provided. Give the government only what it requests. Do not share unneeded information. A subpoena requests very specific types of information to be submitted. Talk with your attorney. Your attorney should help you determine and organize which files should be turned over.

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 New Orleans, 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 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 New Orleans, 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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