What Happens After an Indictment?
In many ways, a federal criminal indictment represents the end of one process and the start of another. The government's investigation is over, and now the focus shifts to preparing for—and winning—in court. But, even after an indictment, it is still possible to favorably resolve the defendant's case prior to...Read more
What are the Levels of Intent in Federal Criminal Cases?
Establishing the requisite mens rea, or “criminal state of mind” is a key aspect of the government’s burden of proof when prosecuting a federal criminal case. In criminal cases, the government must necessarily prove the defendant’s state of mind at the time that the alleged crime was committed. This is...Read more
What Are the Penalties for Human Trafficking Under Federal Law?
Federal human trafficking charges carry severe penalties—up to and including life imprisonment. If you are under investigation or facing an indictment for human trafficking under The Victims of Trafficking and Violence Prevention Act (TVPA) or any other provision of the U.S. Code, you need to engage defense counsel immediately. There...Read more
Why Should You Try to Prove “No Intent” in a False Claims Act Investigation or Other Federal Criminal Case?
In federal cases involving allegations of healthcare fraud and various other white-collar offenses, the difference between facing criminal charges and civil charges (or no charges at all) is often the element of criminal "intent." If you are being targeted under a statute such as the False Claims Act that includes...Read more
What Does the Federal Government Have to Prove in Order to Establish Criminal “Intent”?
In many cases, the federal government has the option to either pursue civil or criminal charges against an individual suspected of violating the law. In deciding whether to pursue civil or criminal charges, the key distinguishing factor is often the element of criminal “intent.” While many federal laws allow for...Read more
Criminal ERISA Enforcement Involving Pensions and 401(k) Plans
Employer-sponsored retirement plans are subject to the requirements of the Employee Retirement Income Security Act of 1974 (more-commonly known by its acronym, “ERISA”). While ERISA violations involving pensions and 401(k) plans have the potential to lead to civil litigation – including potential class action litigation – an even greater risk...Read more
How Can You Convince the Federal Government that You Did Not Have Criminal “Intent”?
Whether you are currently the subject of a federal investigation or you have been indicted on federal criminal charges, a key component of your defense strategy is likely to focus on challenging the government’s evidence of criminal “intent.” If you are under investigation, you want to keep the investigation civil...Read more
What Types of Evidence Can the Federal Government Use to Prove Criminal Intent?
In federal criminal cases, the government has the burden of proving the defendant’s guilt beyond a reasonable doubt. There is only one way to do this: In order to obtain a conviction, the government must present enough convincing and admissible evidence to leave the judge or jury with no choice...Read more
How (and When) to Switch Lawyers in Criminal Cases
Call 888-680-1745 and Get a Second Opinion Are you looking for a new lawyer? Are you concerned that your current lawyer is not qualified to provide effective help? Are you afraid you will get charged with a crime or convicted of something you didn't do? Do you feel neglected or...Read more
How To Get Bond In Federal Court
Dr. Nick Oberheiden, Esq. Criminal Defense Attorney Direct: 888-680-1745 Important Question The question of bond is one of the most important questions in the early stages of a federal criminal case. At the initial appearance, a federal magistrate judge decides if an individual accused of a federal crime will be...Read more