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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 health care 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...

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What are the Levels of Intent in Federal Criminal Cases?

When prosecuting a federal criminal case, a key aspect of the government’s burden of proof is establishing the requisite mens rea, or “criminal state of mind.” Unlike civil cases, in which evidence of intent generally is not required (although there are some exceptions), in criminal cases the government must necessarily...

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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...

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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...

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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...

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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...

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How (and When) to Switch Lawyers in Criminal Cases

Call (214)469-9009 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...

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When Should You Settle Your Case And When Should You Go To Trial?

  Civil Litigation -- Reputable Representation One of the most common questions asked by civil litigation clients is how to determine when they should settle a case and when they should, instead, see the dispute through all the way to trial. Of course, every case is different, but there are...

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When Can A Business Be Sued For Negligence Or Recklessness Of An Employee?

Effective Counsel For Your Business Your employee, your liability? When it comes to torts, or what is commonly thought of as a personal injury case, corporations or partnerships are often the named defendants in lawsuits brought by a plaintiff who claims to have been injured and is looking for compensation. ...

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Can Your Company Be Sued For Crimes Committed By Your Employees?

Aggressive Representation For Your Company The problem. One day you discover that one of your employees has been arrested over the weekend or overnight.  Perhaps police officers have even come to your office to effectuate the arrest or execute a search warrant for the employee’s files or computer.  On the...

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I found Dr. Nick Oberheiden online and the moment I spoke with him, I knew he is a true federal law expert. Nick outlined a defense strategy that was so thought through and so out of this world–and he executed and delivered like I would never have imagined. Nick is unbelievably good!! Nick is the very best of the best lawyers. Hire Nick if you want a classy, smart, and extremely successful lawyer.

– David Lo

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