Fresno Federal Criminal Defense Lawyer - Oberheiden, P.C.
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Fresno Federal Criminal Defense Lawyer (FBI, OIG, IRS, DEA)

Trusted Fresno Federal Criminal Defense Lawyers

Dr. Nick Oberheiden
Attorney Nick Oberheiden
Fresno Federal Criminal Defense
Team Lead envelope icon Contact Nick
Fresno address – by appointment only:
4781 E. Gettysburg Ave.
Fresno, CA 93726
559-293-4777

Defending against federal criminal charges takes experience and the ability to strategically use the complex federal legal system to your advantage. At Oberheiden, P.C., our Fresno federal criminal defense legal team has a long and established track record of protecting our clients in FBI, OIG, IRS, and DEA matters.

Oberheiden, P.C., is a nation-wide federal criminal defense law firm representing individuals and businesses in Fresno, CA. We are a team of experienced Fresno federal criminal defense attorneys. Included on our team are several former senior prosecutors with the U.S. Department of Justice (DOJ). We offer our knowledge and counsel for matters involving the:

  • Federal Bureau of Investigation (FBI),
  • Office of Inspector General (OIG),
  • Internal Revenue Service (IRS), and
  • Drug Enforcement Administration (DEA).

Have you been accused of healthcare fraud? Public corruption? Computer and internet crimes? Do you know why you are being targeted in a federal investigation? For most targeted individuals and businesses, the first step is learning what you need to defend against.

Our experience of thousands of federal investigations and prosecutions makes this one of the areas where we excel. Our Fresno federal criminal defense attorneys use extensive federal experience and insights to quickly determine:

  • Why you are under investigation, and
  • If the investigation is civil or criminal in nature.

If a target for federal criminal prosecution, we’ll quickly try to protect you against charges. If this isn’t possible, we’ll present an aggressive defense prior to and, if necessary, during trial.

Why Choose Oberheiden, P.C. in Fresno, CA?

If you’re under federal scrutiny, it’s crucial to have a highly skilled defense team on your side. At Oberheiden, P.C., our Fresno federal criminal defense lawyers offer the following:

  • A Defense Team that Includes Former DOJ Prosecutors. Led by founding attorney, Dr. Nick Oberheiden, our federal defense team includes several federal prosecutors who held senior positions within the DOJ and handled high-profile criminal matters.

Fresno Federal Criminal Defense Lawyer (FBI, OIG, IRS, DEA)

  • A History of Success in Federal Matters. Our Fresno federal criminal defense attorneys have helped the majority of our clients avoid criminal charges. No client has been forced to close a business or stop seeing patients when we were involved in the investigation.
  • An Exclusive Focus on Federal Defense Representation. Unlike other firms handling federal cases, (whose cases usually involve state-level trial litigation), our practice is devoted to helping clients in federal matters.
  • Extensive Experience in Drug and White-Collar Cases. The Fresno federal criminal defense lawyers on our team have represented clients in more than 2,000 cases. This includes investigations and trials in California and across the country.
  • Strategic and Custom-Tailored Legal Defense. We tailor our defense to the details of each case including the following criteria:
    • The allegations against each client,
    • The specific agency (or agencies) involved,
    • The penalties on the table, and
    • The stage at which each client engages our services.

    We Represent Clients in Fresno, CA in a Broad Range of Federal Criminal Matters

    Our federal defense practice involves representing individual and corporate clients who are under investigation or facing charges. Our federal criminal lawyers specialize in such cases. Often, our clients will be facing allegations of multiple federal crimes. Hundreds of thousands or even millions of dollars in fines and years or decades behind bars are at stake. Every attorney on our team has extensive experience in cases involving:

    • Bank Fraud, Mortgage Fraud, and Insurance Fraud
    • Conspiracy and Attempt
    • Federal Drug Charges (including prescription drug diversion)
    • Healthcare Fraud (including Medicare, Medicaid, Tricare and private insurance fraud)
    • Internet and Computer Crimes
    • Mail Fraud and Wire Fraud
    • Money Laundering
    • Public Corruption and Bribery
    • Securities Fraud
    • Tax Evasion and Other Tax Violations
    • Theft, Counterfeiting, and Embezzlement
    • Other White-Collar Crimes

    Put our highly experienced team on your side

    Dr. Nick Oberheiden
    Dr. Nick Oberheiden

    Founder

    Attorney-at-Law

    Lynette S. Byrd
    Lynette S. Byrd

    Former DOJ Trial Attorney

    Partner

    Brian J. Kuester
    Brian J. Kuester

    Former U.S. Attorney

    Amanda Marshall
    Amanda Marshall

    Former U.S. Attorney

    Local Counsel

    Joe Brown
    Joe Brown

    Former U.S. Attorney

    Local Counsel

    John W. Sellers
    John W. Sellers

    Former Senior DOJ Trial Attorney

    Linda Julin McNamara
    Linda Julin McNamara

    Federal Appeals Attorney

    Aaron L. Wiley
    Aaron L. Wiley

    Former DOJ attorney

    Local Counsel

    Roger Bach
    Roger Bach

    Former Special Agent (DOJ)

    Chris Quick
    Chris J. Quick

    Former Special Agent (FBI & IRS-CI)

    Michael S. Koslow
    Michael S. Koslow

    Former Supervisory Special Agent (DOD-OIG)

    Ray Yuen
    Ray Yuen

    Former Supervisory Special Agent (FBI)

    What Can the Agency (or Agencies) Involved Tell You about Your Federal Case?

    Actually, quite a lot. The FBI, OIG, IRS, DEA, and other agencies’ jurisdictions overlap in many respects. Knowing the agency, or agencies, behind your situation is one of the first steps to learn the scope of the inquiry. With this information, we can develop defense strategies likely to be most effective in your case.

    Federal Bureau of Investigation (FBI) Investigations

    The FBI investigates allegations of:

    • Cybercrimes,
    • Public corruption,
    • Organized crime,
    • Corporate fraud,
    • Healthcare fraud, and other serious federal offenses.

    It has field offices around the country, including one in Fresno, CA.

    Office of Inspector General (OIG) Investigations

    The OIG gets involved in cases involving allegations of Medicare and Medicaid fraud. It frequently works with the DOJ, FBI, and other agencies in large-scale healthcare fraud investigations.

    Internal Revenue Service (IRS) Investigations

    Through its criminal enforcement division, the IRS investigates and assists in prosecuting alleged tax evasion and other tax crimes. Like the OIG, the IRS’s criminal enforcement division is often just one of several agencies involved in large operations and other federal law enforcement initiatives.

    Drug Enforcement Administration (DEA) Investigations

    The DEA is the primary agency responsible for enforcing the nation’s drug laws. This includes laws applying to physicians, pharmacists, and other healthcare providers. It works closely with the DOJ to target providers suspected of engaging in opioid drug diversion.

    Frequently-Asked Questions (FAQs): Federal Criminal Defense in Fresno, CA

    Q: What are the potential penalties under the Federal Sentencing Guidelines?

     

    Federal Sentencing Guidelines establish rules and policies for sentencing in federal criminal cases. Penalties for individual criminal offenses are established by statute. Under the False Claims Act, criminal penalties include up to $25,000 in fines (for individuals) and five years in prison for each offense. Federal criminal cases often involve multiple “counts” of a variety of different offenses. Fresno residents in these investigations can face overwhelming fines and decades of federal imprisonment.

    Along with fines and prison time, licensed providers, executives, board members, and others convicted of federal crimes can face additional penalties including:

    • Recoupments and denial of pending payments
    • Pre-payment review
    • Program exclusion (Medicare, Medicaid, and Tricare ineligibility)
    • Professional licensing action (suspension or revocation)

    Q: What are some potential defense strategies in federal criminal investigations?

     

    Once again, the specifics will depend upon the statute (or statutes) under which you are being investigated. In healthcare fraud cases involving allegations under the Anti-Kickback Statute, providers can often use the statute’s “safe harbors” as affirmative defenses to criminal guilt.

    The government must prove every element of each alleged offense beyond a reasonable doubt. Identifying problems in the government’s evidence or flaws in its reasoning can be enough to avoid criminal prosecution. This is a preferred tactic as opposed to “proving your innocence” with an affirmative defense. It requires a thorough understanding of the specific statute (or statutes) you are alleged to have violated.

    Then, there are the constitutional and common law defenses. These include defenses such as:

    • Violation of the protection against unreasonable searches and seizures
    • Violation of your right to remain silent or your right to legal counsel
    • Violation of your right to a speedy trial
    • Lack of criminal intent
    • Entrapment or duress
    • Alibi or mistaken identification
    • False “whistleblower” allegations

    Q: What statutes do federal prosecutors use to pursue criminal charges in white-collar cases?

     

    In white-collar cases, federal prosecutors have numerous statutes at their disposal. For example, our Fresno federal criminal defense lawyers represent clients in investigations involving allegations under:

    • 18 U.S.C. 371 (criminal conspiracy)
    • 18 U.S.C. 1028A (identity theft)
    • 18 U.S.C. 1341 (mail fraud)
    • 18 U.S.C. 1343 (wire fraud)
    • 18 U.S.C. 1344 (bank fraud)
    • 18 U.S.C. 1347 (healthcare fraud)
    • 18 U.S.C. 1357 (money laundering)
    • 21 U.S.C. 841 (distribution of controlled substances)
    • 26 U.S.C. 7206 (tax fraud)
    • 31 U.S.C. 3279 (false and fraudulent claims)
    • 42 U.S.C. 1320a-7(b) (illegal kickbacks)

    Q: How soon will I know the likely outcome of my federal case?

     

    This is a question we cannot answer until we know the specific facts involved. Sometimes, we can tell our clients with reasonable certainty we can achieve a favorable outcome fairly quickly. In others, it will take time before our attorneys can assess the government’s intentions and determine how likely prosecutors want to go to trial.


    Schedule a Free and Confidential Case Assessment with Our Fresno Federal Criminal Defense Attorneys at Oberheiden, P.C.

    If your business or practice is facing federal scrutiny, it is important that you engage legal counsel immediately. To schedule a free and confidential case assessment with our Fresno federal criminal defense lawyer at Oberheiden, P.C., please call 559-293-4777 or request an appointment online now.

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