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Grand Junction Federal Criminal Defense Lawyer

Driven Grand Junction, Colorado Federal Criminal Defense Attorneys Balancing the Scales of Justice

Challenging the Ominous Authority of Federal Agencies – Federal Criminal Defense Lawyers Serving Grand Junction, Colorado
Grand Junction address – by appointment only:
571 25 Rd
Grand Junction, CO 81505
888-680-1745

Oberheiden, P.C. has developed a national reputation based on experience and success in federal criminal proceedings. We’ve represented clients in over a thousand federal cases in more than 25 states, including Colorado. We have conducted and supervised many criminal law trials. Clients value our focus on avoiding federal criminal charges before the case goes to trial. Our law firm has a a notable record of guiding clients through federal audits and investigations. This lets them emerge successful, their professional and personal reputations intact, and no criminal record. Persuading a court to dismiss a case or obtaining an acquittal at trial is a desirable outcome. However, we know that clients are better served if allegations never arrive at criminal charges.

Most people building a corporation or medical practice can’t imagine a federal grand jury subpoena or a target letter. Encounters with any law enforcement officer are upsetting. A face-to-face interaction with agents from the Federal Bureau of Investigation (FBI) or the Drug Enforcement Agency (DEA) can result in decades in federal prison if not handled well. Doctors and CEOs may assume they won’t be targeted by the federal government. Sadly, federal authorities increasingly target defendants with no criminal history.

Former Federal Prosecutors Providing Defense Against Federal Agencies

Grand Junction Federal Criminal Defense LawyerOur Grand Junction federal criminal defense lawyers defend those facing criminal charges in federal courts. Our law firm came about with this mission in mind. Dr. Nick Oberheiden, founder and managing partner, regularly appears on television and radio broadcasts. He has also authored articles and books on topics such as:

  • Evidentiary matters,
  • United States constitutional law,
  • International law,
  • Civil procedure, and
  • Criminal procedure.United States constitutional law,
  • International law,
  • Civil procedure, and
  • Criminal procedure.

He has resolved criminal and civil cases before all major federal agencies, including the:

  • Federal Bureau of Investigation (FBI),
  • Department of Justice (DOJ),
  • United State Postal Inspector Service (USPIS),
  • Drug Enforcement Administration (DEA),
  • Internal Revenue Service (IRS),
  • Centers for Medicare & Medicaid (CMS),
  • Department of Labor (DOL),
  • Department of Defense (DOD),
  • Office of Inspector General (OIS),
  • Federal Aviation Administration (FAA), and
  • Department of Health and Human Services (HHS).

Our Grand Junction federal criminal defense attorneys have over 70 years of collective experience as prosecutors with the federal government.

Special Backgrounds Defending Mesa County Healthcare Professionals in Federal Court

The Grand Junction federal criminal defense attorneys of Oberheiden, P.C. have developed a reputation representing individuals and entities in the healthcare industry. Federal authorities increasingly pursue white-collar offenses and other financial crimes. Thus, a growing number of healthcare professionals are held civilly and criminally liable.

The DOJ recovered more than $3.7 billion in False Claims Act (FCA) settlements and judgments during the 2017 fiscal year. The risk of being named in a fraud investigation is seen in the fact that healthcare fraud cases accounted for $2.4 billion of these recovered funds. Actions are often initiated by self-proclaimed “whistleblowers” motivated by financial rewards in qui tam cases. The DOJ often intervenes in these cases seeking to recoup funds paid through Medicare, Medicaid, and TRICARE. These lawsuits, frequently brought under the False Claims Act, can be seen as revenge by a former employee or manager.

These statistics hint at the massive scope of healthcare fraud settlements and judgments, but they ignore efforts by federal authorities to increase inspections of billing by participants in government health benefit programs. The Opioid Fraud and Abuse Detection Unit announced by Attorney General Jeff Sessions in August 2017 was launched in the wake of the opioid abuse epidemic. This unit, like Medicare Strike Force Teams, uses data analysis to target healthcare fraud, but the focus will be on schemes involving improper opioid prescription and distribution. The program also included funding for a dozen experienced Assistant United States Attorneys devoted to investigating and prosecuting healthcare fraud involving prescription opioids on a full-time basis.

This program uses data analytics to flag physicians based on their opioid prescription practices. Data provided includes physicians prescribing a high number of opioid drugs, as well as pharmacies that dispense a large amount of opioid pills. These special prosecutors work with the HHS, FBI, and DEA, as well as state and local law enforcement.

Our Grand Junction federal criminal defense attorneys represent a range of parties dealing with allegations of healthcare fraud. Forms of alleged conduct that we have defended include:

  • Billing for fictitious medical supplies, products, or services
  • Charging for more expensive services than those provided
  • Providing prescriptions that are not filled
  • Furnishing medical services that are not medically justified
  • Billing for services individually that are supposed to be billed in a bundle
  • Defrauding Medicare or Medicaid
  • Waiving co-payments and deductibles
  • Unlawful distribution or prescription of drugs (e.g. Pill Mills)
  • Certification of a party as homebound
  • Self-referral for medical services by a physician who has an ownership interest in the service provider
  • Paying bribes for referral of Medicaid/Medicare patients

Our trial record is virtually unblemished with hundreds of trials across the country. Plus, we have a stellar record of ensuring individuals confronted with ZPIC, RAC, and Medicaid audits are not referred for prosecution.

Our skill in handling cases aimed at healthcare professionals and others in the medical sector is in our results. Fewer than two percent of our clients under an OIG subpoena, grand jury investigation, or target letter were referred for prosecution after we took their case. Further, all clients subject to a False Claims Act investigation were determined to be neither criminally, nor civilly liable. Finally, all of our clients kept their professional license.

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)

Defense of Individuals Suspected of Federal Crimes in Mesa County

Our law firm has achieved national acclaim for representing providers and companies accused of healthcare fraud. In addition, we have significant experience defending against other charges in federal court.

Advantages That Our Former Federal Prosecutors Offer to Targets of Federal Agencies

Many attorneys have experience in federal court, but our law firm offers the advantage of multiple lawyers who had careers prosecuting federal cases before joining Oberheiden, P.C. Our law firm brings inside knowledge of how federal agencies investigate all types of federal charges. The following are among the explanations clients give for selecting our law firm to provide a defense to federal audits, investigations, and criminal charges:

  • Former Federal Prosecutors: Our law firm includes attorneys with over 70 years of combined experience as federal prosecutors. These former government attorneys handle widely disparate cases ranging from healthcare fraud to SEC violations.
  • Success in Federal Court: The federal criminal lawyers of our firm have a record of success. Over 98 percent of our clients under investigation by a grand jury, or subject to OIG subpoena or target letter, were not referred for prosecution. Further, we have kept every client represented from civil or criminal liability in False Claims Act investigations.
  • Unsurpassed Experienced in Federal Courts: Our law firm has handled over a thousand cases in federal court and a thousand grand jury proceedings. We have also litigated many trials and supervised many more.
  • Safeguarding Careers and Professional Licenses: We have ensured that every professional we have represented has maintained his or her license.

Frequently Asked Questions (FAQs)

Q: How will I be notified if I am being scrutinized by federal authorities?

There are several ways you might be contacted if you have drawn the attention of federal authorities. Some people find out by rumor, but there are several formal ways this information can be received. Federal agents might contact you and attempt to arrange an interview. Even if told you are not the target of an investigation, you should not speak to federal agents without an attorney present. The agents are looking for evidence supporting a criminal prosecution. The protection of your legal rights or factual innocence is not their priority. Depending on the situation, you also could be notified via grand jury subpoena or target letter. If you receive either of these notices, you should not speak to anyone until you have obtained legal advice from an experienced federal criminal defense attorney.

Q: Which federal agencies investigate civil and criminal liability of individuals and entities?

Many federal agencies investigate for evidence to prove civil or criminal liability. Some agencies, like the FBI, investigate many areas of alleged criminal activity. Others, like the IRS or the DEA, focus on specific kinds of alleged misconduct. Some of the entities that investigate or prosecute federal crimes include:

  • U.S. Postal Inspection Service: This agency investigates criminal offenses related to abuse of the federal postal service. These offenses include mail fraud, mail theft, drug distribution, tax evasion, healthcare fraud, and many other crimes.
  • Internal Revenue Service (IRS): Along with federal tax offenses, the IRS also investigates money laundering, healthcare fraud, drug crimes, and more.
  • Social Security Administration, Office of Inspector General (SSA-OIG), Office of Investigation (OI): The SSA-OI investigates criminal fraud related to the SSA. Examples include bank fraud, mail fraud, false claims filed against the federal government, identity theft, and many others.
  • Commodities Futures Trading Commission: This agency investigates manipulation and fraud involving derivatives. The agency oversees both futures and swaps markets.
  • Securities Exchange Commission (SEC): This agency brings civil actions against companies and individuals involved in Sarbanes/Oxley (SOX) violations, insider trading, accounting fraud, and other securities offenses.
  • Bureau of Alcohol, Tobacco, Firearms & Explosives: This agency investigates criminal trafficking or use of firearms, as well as offenses related to bombings and explosives. The agency also enforces laws related to improper diversion of tobacco or alcohol products.
  • Immigration and Customs Enforcement (ICE): ICE is the primary enforcement arm of the Department of Homeland Security (DHS). The agency handles many allegations related to homeland security. It also pursues related offenses like narcotics trafficking, white-collar crimes, money laundering, and identity theft.

Contact a Grand Junction Federal Criminal Defense Attorney

If you have gotten the attention of a federal law enforcement agency, we know you will have concerns and questions. Our law firm is committed to answering your questions and fighting for your future. At Oberheiden, P.C., a Grand Junction federal criminal defense lawyer is ready to start protecting your rights today. Call us at 888-680-1745 or request a free case evaluation online now to discuss your options.

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