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Conducting Internal Investigations in Whistleblower Litigation

Our Former DOJ Prosecutors and Former FBI, OIG, and DOD Agents are Available to Protect Your Company

Timothy E. Allen
Timothy E. Allen
Whistleblower Litigation Team Lead
Former U.S. Secret Service Special Agent

Whistleblower Litigation Can Be Devastating. Each year, thousands of business owners are shocked to find out that someone they trusted or worked with in the past has reported them to state or federal authorities citing allegations of corporate fraud. Most business owners first learn about whistleblower claims when they receive a civil investigative demand (CID) or subpoena from the U.S. Department of Justice (DOJ), U.S. Department of Health and Human Services (DHHS), or other another federal law enforcement agency. However, some suddenly discover that their businesses are under attack when federal agents come to their premises seeking access to company documents or personnel.

If you have any reason to suspect that someone may have filed a whistleblower complaint against your company, you should not continue business as usual. Once you are on notice (or have cause for concern) that your company is being targeted, you should immediately reach out to experienced federal defense counsel who can identify the issues involved and respond to the allegations of fraud strategically and effectively on your company’s behalf.

Federal Whistleblower Defense Counsel Serving Companies Nationwide

Oberheiden P.C. has earned a nationwide reputation for federal whistleblower defense representation by helping hundreds of clients avoid steep penalties (including helping clients avoid criminal charges in every single case), and by resolving complex qui tam investigations across the country. Our federal defense attorneys, former DOJ prosecutors, and former U.S. Attorneys and Assistant U.S. Attorneys are well-known for their ability to successfully defend clients against whistleblowers’ allegations, and our former federal agents bring insights and experience to resolving our clients’ cases quickly, discretely, and without government intervention.

We handle federal whistleblower cases at all stages – from internal investigation to federal litigation and appeals – involving allegations such as:

  • Federal Contract Fraud (Including Construction and U.S. Department of Defense (DOD) Contract Fraud)
  • Federal Healthcare Program Fraud (Including Medicare, Medicaid, Tricare, U.S. Department of Labor (DOL), and U.S. Department of Veterans Affairs (VA) Fraud)
  • Financial and Securities Fraud (Including Accounting Fraud, Insider Trading, Self-Dealing, Bribery, and Other Federal Allegations)

Oberheiden P.C. is a team of former federal agents and proven federal defense attorneys who work as a team to conduct corporate investigations and offer reliable fraud defense strategies to companies throughout the United States. If you need federal whistleblower defense counsel, or if you think you might need federal whistleblower defense counsel, we encourage you to contact us immediately to discuss next steps for conducting an internal investigation.

How Do Oberheiden P.C.’s Internal Investigations Decrease the Risk that Companies Will Face Liability Due to Whistleblower Complaints?

Our firm has successfully defended hundreds of businesses against unjustified allegations of corporate fraud, healthcare fraud, False Claims Act violations, kickbacks, federal contract fraud, and other federal offenses. Unlike other firms, instead of being passive and waiting for the government to find something, we take a proactive approach to uncovering the truth behind the whistleblower’s allegations so that we can current misconceptions and address any potential issues before they lead to substantial liability exposure.

Example 1: A Healthcare Provider is Accused of Accepting Kickbacks and Overbilling Medicare

Imagine you own a healthcare business that is being accused of accepting kickbacks and fraudulently billing Medicare. You recently received a subpoena from DHHS demanding records of your company’s Medicare billings other financial transactions from the past several years. It appears that a whistleblower has filed a complaint. Instead of responding to the subpoena by simply declaring your innocence, or worse, providing the records requested, what should you do?

Call Oberheiden P.C.

Our former federal agents, supervised by our federal defense attorneys, will identify the potential issues and take appropriate measures to help you fix them before providing any information to the federal government. This way, we are able to proactively provide reassurance to the government that your company:

  • Has voluntarily conducted an internal investigation;
  • Has taken appropriate remedial measures (e.g., discontinued use of an incorrect billing code or amended the offending terms of a third-party contract); and,
  • Now stands in full compliance with its federal obligations.

This approach has worked for hundreds of healthcare providers across the country, and we are prepared to do the same for you. Contact our federal whistleblower defense team now to discuss your situation and promptly initiate an internal investigation focused on protecting your business.

Example 2: A Federal Contractor Receives a CID Seeking Information about Possible Overpayments

Now, let’s say that you are a federal contractor with a large construction contract, and you rely on that contract for a significant portion of your company’s annual revenue. Unexpectedly, you receive a civil investigative demand from the DOJ. Based on the contents of the CID, it appears that a whistleblower, perhaps a former employee who was recently fired, has filed a complaint alleging that your company has intentionally overbilled the government. What should you do?

You should not respond to the CID until you know what is at stake.

While your company absolutely must respond to the CID in order to avoid being held in contempt, what it must not do is respond to the CID in a vacuum. In order to protect your company to the fullest extent possible, you need to know why the government is requesting the various documents sought in the CID. Once you conduct an internal investigation and determine whether your company truly has anything about which to be concerned, then you can make informed decisions about responding to the CID and fighting the whistleblower’s accusations.

Once again, we have used this approach of starting with an efficient and comprehensive internal investigation to protect hundreds of clients against the costly consequences of whistleblower claims. If you are a government contractor and your company is being accused of defrauding the federal government, we can begin working immediately to gather the information you need to assert a successful defense.

Put our highly experienced team on your side

Dr. Nick Oberheiden
Dr. Nick Oberheiden



Lynette S. Byrd
Lynette S. Byrd

Former DOJ Trial Attorney


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)

Whistleblower Defense Solutions for Companies Facing Serious Federal Allegations

Companies across the United States have trusted our team of experienced corporate defense attorneys and investigative professionals to identify and fix potential compliance issues in the wake of federal whistleblower allegations. Handling matters in the areas of healthcare, securities, employment, government contracting, and corporate governance, we offer efficient representation and strategic solutions to a broad range of clients nationwide.

How can our team help you? Contact us today to learn more about our experience representing clients in federal matters involving:

  • Employment Fraud
  • Government Contract Fraud
  • Healthcare Fraud Defense
  • Securities and Accounting Fraud
  • Bribery, Money Laundering, and Other Federal Offenses

This Is Why Companies Nationwide Trust Oberheiden P.C. for Federal Whistleblower Defense

When you are facing a whistleblower, or qui tam, lawsuit, you have two choices. You can hire a large national firm and pay hourly rates for young associate attorneys who will bill you for endless document review and legal research. Or, you can hire a firm that solely has your company’s best interests in mind. At Oberheiden P.C., our former DOJ attorneys and federal agents rely on their extensive experience to offer efficient and practical solutions to the complex challenges of federal whistleblower defense.

Why would you trust your company’s future to an armada of young lawyers, fresh out of law school, when you could put real-world experience on your side? Choose Oberheiden, P.C. and we will guarantee:

  • No junior associates will ever be involved in your company’s defense.
  • All matters related to your internal investigation and federal defense strategy will be handled by seasoned FBI and DOJ veterans.
  • You will not need to seek additional help elsewhere, as our team of attorneys, consultants, and investigators provides full-service representation.
  • We will be available when and where you need us, thanks to our network of local counsel that spans the entire United States.

Our in-house team works closely with a network of former DOJ officials and investigators who are stationed across the country. We are instantly ready and available to meet you onsite to discuss the whistleblower’s allegations against your company and develop a strategy for moving forward. With well over 100 years of leading federal law enforcement experience, our team has the capacity to think like government investigators and prosecutors, and we can use our unique insights to help you conduct an investigation that will facilitate a quick and favorable resolution to your company’s pending whistleblower litigation.

Whistleblower Defense Attorney: What to Do

This is Who Will Be on Your Team When You Choose Oberheiden, P.C.

Who will represent your company during its federal whistleblower case? Your team will include:

  • Dr. Nick Oberheiden – Founder and Attorney
  • Joe Brown – Former U.S. Attorney & Former District Attorney
  • Amanda Marshall – Former U.S. Attorney Under President Obama
  • Chris Quick – Former Supervisory Special Agent (FBI) and Former Special Agent (IRS-CI)
  • Kevin Sheridan – Former Supervisory Special Agent (FBI)
  • Michael Koslow – Former Supervisory Special Agent (DOD and OIG)
  • Roger Bach – Former Supervisory Special Agent (DOJ and OIG)

Request a Free and Confidential Case Assessment at Oberheiden, P.C.

Do you need to speak with a federal defense lawyer about conducting an internal corporate investigation in response to a whistleblower lawsuit? To speak with a senior member of our defense team in confidence, call 888-680-1745 or request a free case assessment online now.

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