Federal Criminal Defense Attorneys
Experienced Federal Criminal Lawyers Representing Individual and Corporate Clients in White Collar Investigations and Prosecutions Nationwide
Table of Contents
- Federal Criminal Defense & White Collar Crime Trial Lawyers Representing Individual and Corporate Clients in Investigations and Prosecutions Nationwide
- Why to Choose Oberheiden, P.C. for High-Stakes Federal Defense Cases
- Cases We Handle
- Potential Issues in Federal Criminal Cases
- Potential Penalties in Federal Criminal Cases
- Speak with an Experienced Federal Defense Lawyer in Confidence
Audits & Investigations | Whistleblower Defense Strategies | Grand Jury Subpoenas & CIDs | FBI, HHS, OIG Investigations | Search Warrant Defense | Indictments | Criminal Defense & Trials | Corporate Compliance | Internal Investigations & Much More
Are you being punished for your success? You have worked very hard to build your business. You have contributed to your community, and you have helped to improve the lives of your employees and customers. You never had criminal intent. Your employees and vendors have a job because of you. You pay high taxes so that everyone else can benefit. And now comes the federal government and threatens to jeopardize everything you have accomplished? Isn’t it true that the government really wants to punish you for being more successful than others? Well, we think so. That’s why we have put together the A-Team of White Collar Federal Criminal Defense Attorneys for you.
- We Don’t Surrender, We Fix.
- Top Trial Team: No Junior Lawyers, No Paralegals
- Former FBI, Former DOJ Staff, Former U.S. Attorney
- No One Beats Our Track Record: 45 States (1,000+ Cases)
Call Dr. Nick Oberheiden at 214-469-9009 if you had no intent to do anything wrong.
“Most white collar crimes are charged at the federal level, and they carry severe penalties, including the potential for insurmountable fines and long-term imprisonment.”
– Dr. Nick Oberheiden
At Oberheiden, P.C., our experienced federal defense attorneys and trial lawyers bring centuries of combined experience to defending individual and corporate clients in high-stakes federal criminal cases and related matters. We have handled thousands of federal court cases, and we have helped the vast majority of our clients secure favorable results prior to trial.
If you are being targeted by federal authorities, you need to figure out why, and you need to do so as soon as possible. While you may think you know why you are under investigation or facing a grand jury subpoena, right now you cannot afford to make any mistakes that could jeopardize your legal rights. When you engage Oberheiden, P.C. to represent you, our federal criminal defense attorneys will work quickly to determine the nature and scope of the allegations against you, and then we will build and execute a custom-tailored defense strategy focused on protecting you as completely as possible.
Have you received a target letter or subpoena? Have you been served with a search warrant or placed under arrest? If so, you do not have any time to waste. To speak with a member of our federal defense team as soon as possible, call 214-469-9009 now.
Why Choose Oberheiden, P.C. for Federal Criminal Defense & Litigation Cases
Federal cases can be extraordinarily complex, and there are significant differences between facing charges in state and federal court. At Oberheiden, P.C., we focus our practice exclusively on federal defense in order to ensure that we remain fully abreast of the legal issues affecting our clients. From U.S. Department of Justice (DOJ) initiatives to precedential case decisions, developments happen constantly, and we make sure that we are aware of these developments so that we can address them in our representation.
Another critical aspect of our practice is that many of our defense attorneys are former prosecutors and trial lawyers with the DOJ and the U.S. Attorney’s Office. Several of our defense attorneys prosecuted criminal cases for decades prior to entering private practice. By relying on the insights gained from this experience, we are able to anticipate prosecutors’ strategies during investigations and prosecutions, and we are able to proactively assert defenses in order to mitigate our clients’ risk of facing a conviction and sentencing at trial.
Over their lengthy careers, our attorneys have handled thousands of federal investigations and more than 500 federal trials. When you hire our defense team, you will be represented exclusively by senior attorneys. Our federal criminal attorneys will work collaboratively to build your defense, and we will strategically, methodically, and aggressively fight to protect you against unnecessary consequences.
This is Why You Are in Good Hands
When you choose Oberheiden, P.C. to defend you in your federal criminal case:
- We will promptly intervene in the government’s case. Federal criminal cases can proceed quickly, and promptly intervening in the government’s investigation can be critical to presenting an effective defense. As soon as you engage our firm to represent you, our federal defense attorneys will begin working to protect you.
- We will use our past DOJ experience to your advantage. With more than 70 years of prior DOJ experience, our team of defense attorneys is well-versed in the government’s investigative tactics and prosecutorial strategies. We will use this knowledge to your advantage.
- We will quickly assess your potential exposure. Are you facing fines? Restitution? Probation? Federal imprisonment? One of the primary purposes of promptly intervening in the government’s investigation is to determine the allegations against you and the penalties that are on the table.
- We will build and execute a custom-tailored defense strategy. As soon as we have gathered the necessary information, we will build and execute a custom-tailored defense strategy focused on overcoming the government’s allegations in light of the specific factual and legal circumstances at hand. We will utilize statutory defenses, constitutional protections, safe harbors, and all other available means to try to prevent the possibility of a conviction at trial.
- We will be prepared at all stages of prosecution. From the investigation through trial, sentencing, and appeal, each stage of the federal prosecutorial process requires a different strategic approach. Regardless of the current status of your case, our federal criminal attorneys will be thoroughly prepared to defend you.
More about Our Federal Criminal Defense Practice
Cases We Handle
Our federal criminal defense practice consists of representing individual and corporate clients accused of fraud, financial crimes, drug crimes, and other serious white-collar offenses. Our clients include business owners and executives, board members, healthcare providers and other licensed professionals, politicians, public figures, and companies ranging from small businesses to multi-national corporations, and we handle cases involving all federal agencies and task forces. While federal criminal cases can involve a broad array of allegations under a multitude of different statutes, some of the most-common charges we handle include:
- Bank Fraud
- Healthcare Fraud
- Insurance Fraud
- Mail Fraud and Wire Fraud
- Mortgage Fraud
- Securities Fraud
- Intellectual Property Theft
- Money Laundering
- Tax Evasion
- Public Corruption and Bribery
- Theft of Government Property
- Drug Conspiracy
- Drug Crimes
- Terrorist Acts
Are you accused of a federal crime?
Don’t delay. Learn about your rights.
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Available nights and weekends
Potential Issues in Federal Criminal Cases
Various issues have the potential to arise during the course of a federal criminal case, and you need the best Dallas federal criminal lawyers to handle them. When taking timely and effective action can mean the difference between avoiding charges altogether and facing a conviction at trial, you need to make sure that you are doing everything possible to resolve your federal case as quickly and strategically as possible. Here is just a small sampling of the issues that can arise during a federal criminal case:
1. Illegally-Obtained Evidence
When conducting an investigation, federal agents and prosecutors do not have free reign. Their actions are limited by the protections afforded in the U.S. Constitution; and, when they violate suspects’ or defendants’ constitutional rights, any evidence obtained as a result of the violation may be deemed illegally-obtained.
Illegally-obtained evidence is inadmissible in federal court (subject to certain limitations). However, if you wish to keep illegally-obtained evidence out of your case, it is up to you to do so. Unfortunately, many people who lacked experienced defense counsel have been convicted on evidence that should have been deemed inadmissible in court.
2. Conspiracy Allegations
Under the federal conspiracy statute, 18 U.S.C. § 371, you do not have to commit a substantive offense in order to face substantial fines and long-term imprisonment. Various other federal statutes contain conspiracy provisions as well; and, due to the breadth of these statutes, they are among federal prosecutors’ most-potent tools in investigations and prosecutions. If prosecutors can argue that you were party to a formal or informal agreement to commit a crime and any of your alleged co-conspirators executed an “overt act” toward the commission of a federal crime, this can be enough to warrant prosecution in federal district court.
3. Attempt Allegations
Under federal law, the targets of federal investigations can also face charges for attempt in the absence of evidence of a completed criminal offense. In many cases, charges for attempt carry the same penalties as charges for the allegedly-attempted offense. Due to the potential for attempt charges, individuals and organizations being targeted for federal prosecution must be extremely careful to avoid relying on defense strategies that could expose them to prosecution for an “unsuccessful” crime.
4. Multiple Related and Unrelated Charges
While certain federal statutes target specific substantive offenses (such as healthcare fraud or drug trafficking), other statutes impose severe penalties for acts taken in furtherance of – or in conjunction with – specific criminal conduct. As a result, in federal cases is not unusual for defendants to face multiple charges for both related and unrelated crimes.
For example, some of the most-common charges in federal cases are mail fraud, wire fraud, and money laundering. Under the broad language of the mail fraud, wire fraud, and money laundering statutes, almost any criminal conduct will have the potential to trigger prosecution under these statutes. In healthcare fraud cases, providers will often face charges for multiple healthcare-related offenses; and, in securities fraud cases, companies will often face charges for multiple corporate crimes. Various other alleged “criminal enterprises” can trigger multiple federal charges as well.
5. Confidential Informant or “Co-Conspirator” Testimony
Another risk in federal criminal cases is the risk of federal prosecutors obtaining testimony from a confidential informant or an alleged co-conspirator. If someone else who has a vested interest in the outcome of your case testifies against you, you will need to overcome this testimony as part of your defense.
6. Sentencing Guidelines
In most federal criminal cases, the potential sentences are outlined in the Federal Sentencing Guidelines (the “Guidelines”). While the Federal Sentencing Guidelines are not binding, prosecutors and judges will often rely on the Guidelines in determining what penalties to seek and impose in the event of a conviction at trial. However, in many cases it will be possible to obtain a below-guideline plea deal or sentence (assuming penalties cannot be avoided entirely); and, at Oberheiden, P.C., we have significant experience protecting clients against the penalties prescribed by the Federal Sentencing Guidelines.
Potential Penalties in Federal Criminal Cases
While the Federal Sentencing Guidelines establish a range of potential fines and prison sentences for most crimes, various federal statutes impose additional penalties as well. Depending upon the specific charge (or charges) involved, the potential penalties can be severe, which is why you need the best federal defense attorney to support you. The penalties in a federal criminal case may include:
- Federal Imprisonment – Most serious federal crimes carry the potential for a minimum of several years of incarceration. Various factors can increase the potential prison sentence that is on the table; and, when prosecutors pursue multiple counts of multiple charges, defendants can easily be at risk for being sentenced to decades behind bars.
- Probation – If penalties cannot be avoided entirely, in many cases, the best defense strategies focus on securing probation in lieu of a term of imprisonment.
- Fines – Statutory fines vary for individual and corporate defendants; however, in all cases, the aggregate fines imposed for federal offenses can far surpass what most people and companies can afford to pay.
- Restitution, Recoupments, and Other Financial Penalties – Defendants convicted of certain crimes may be sentenced to restitution, recoupments, and other financial penalties as well.
- Other Statutory Penalties – In certain types of cases, defendants can also face additional statutory penalties. Some examples include Medicare and Medicaid exclusion (in cases of healthcare fraud) and loss of eligibility for DEA or SEC registration (for prescription and securities-related offenses, respectively).
Q&A with the Federal Criminal Lawyers at Oberheiden, P.C.
Q: What is different about state and federal criminal cases?
The differences between state and federal criminal cases are almost too many to list. From the agencies involved to the penalties that are on the table, effectively defending against federal criminal charges requires particular experience with all of the unique aspects involved.
At Oberheiden, P.C., we focus our practice on federal criminal matters. In addition, many of our attorneys are former federal prosecutors who spent years (and, in many cases, decades) pursuing criminal charges on behalf of the federal government. As a result, we are intimately familiar with the complexities of federal cases, and we offer the insights of seeing our clients’ cases from the government’s perspective.
Q: How is facing a federal criminal charge different from facing a criminal charge in state court?
Federal and state criminal proceedings bear virtually no resemblance to one another. From the agencies that are involved to the laws and court rules that apply, everything is different in a federal criminal case. The procedures involved in federal criminal cases are very different from those involved in state criminal cases as well; and, generally speaking, the stakes are much higher if you have been charged with a federal crime.
Q: Which federal agencies are involved in investigating and prosecuting alleged white-collar crimes?
Multiple federal agencies are involved in investigating and prosecuting white-collar crimes. The specific agency (or agencies) involved will depend on the type (or types) of allegations at issue. The U.S. Department of Justice (DOJ) and Federal Bureau of Investigation (FBI) are the nation’s top law enforcement and domestic investigative agencies, respectively, but numerous other agencies are involved in investigating various types of crimes as well. At Oberheiden P.C., we have experience representing clients in investigations involving:
- Immigration and Customs Enforcement (ICE) and U.S. Citizenship and Immigration Services (USCIS)
- Internal Revenue Service Criminal Investigations (IRS-CI)
- U.S. Department of Defense (DOD)
- U.S. Department of Labor (DOL)
- U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG)
- U.S. Drug Enforcement Administration (DEA)
- U.S. Securities and Exchange Commission (SEC)
- U.S. Small Business Administration Office of Inspector General (SBA-OIG)
- U.S. Postal Inspection Service (USPIS)
- Other federal administrative and law enforcement agencies
Q: Should you hire a defense lawyer to represent you during a federal criminal investigation?
Yes, without question. If you are aware that you are under investigation, the government already has the upper hand. Investigations often last months, and sometimes years, and federal agents and prosecutors strategically decide when to make their intentions known. You should hire a legal team immediately to intervene in the investigation and begin gathering the information needed to build a strategic defense.
While there are many mistakes that you need to avoid if you are facing a federal white-collar criminal investigation, the biggest mistake you need to avoid is waiting too long to engage federal defense counsel.
In many cases, it is possible to resolve federal investigations without charges being filed. However, in order to achieve this result, you must hire a law firm to intervene in the investigation and deal with the investigating agency (or agencies) on your behalf. Our firm represents individuals and corporations in federal white-collar investigations across the country, and we can take defensive action immediately if necessary.
Q: What does it mean if you have been served with a criminal complaint?
A criminal complaint is a formal pleading document filed by federal prosecutors at the U.S. Attorney’s Office. Criminal complaints set forth allegations of unlawful conduct; and, once a criminal complaint has been served, this gives federal agents lawful authority to make an arrest. Following an arrest executed pursuant to a criminal complaint, federal prosecutors have 30 days to seek a grand jury indictment.
While federal prosecutors previously reserved criminal complaints for cases involving allegations of violent crimes and high-risk targets, the U.S. Attorney’s Office has recently begun filing criminal complaints in white-collar cases. If you have been served with a criminal complaint, you need to engage federal defense counsel immediately.
Q: What are some of the most common criminal charges in federal white-collar cases?
There are numerous crimes that fall under the “white-collar” umbrella at the federal level, and the charges filed in any particular case will depend on the specific facts (or alleged facts) involved. However, there are a number of federal crimes that are extremely broadly defined, and this allows federal prosecutors to bring charges for these crimes in a wide range of cases. In particular, it is fairly common for federal white-collar indictments to include charges for:
- Aggravated identity theft
- Bank fraud
- Mail fraud
- Money laundering
- Tax evasion and tax fraud
- Wire fraud
These are in addition to the specific substantive charges underlying the government’s case. From corporate espionage and intellectual property theft to healthcare fraud and securities fraud, federal white-collar criminal cases can target a broad array of alleged criminal activities.
Q: What defenses can be used to avoid conviction in federal district court?
The defenses that are available in any particular federal white-collar criminal case will depend on the facts at hand and the statutes at issue. Many federal white-collar statutes require proof of multiple “elements,” and challenging the DOJ’s evidence of even a single element can be enough to avoid a conviction in federal district court. Many of these statutes contain specific exceptions and “safe harbors” as well, and affirmatively demonstrating compliance can be an advisable defense strategy in some cases.
In addition to defenses that are specific to the crime (or crimes) alleged, defendants in federal white-collar cases can also assert defenses under the U.S. Constitution. For example, if federal agents raided your home or office and seized evidence without a valid search warrant, then the evidence they obtained may be inadmissible in court.
Q: What are the possible sentences for federal white-collar crimes?
If your investigation leads to charges, the outcome of your case may depend directly on the quality of your legal representation. Being charged does not necessarily mean that you will be convicted – or even that you will face trial. In our decades of experience, we have helped clients across the country obtain favorable resolutions through:
- Negotiating plea deals for probation and reduced sentencing
- Convincing prosecutors and judges to drop charges prior to trial
- Obtaining “not guilty” verdicts in open court
Even if you go to court and lose, this does not mean that your case is over. You could have any of a number of different grounds to file an appeal or seek to have your conviction set aside. While challenging a conviction is absolutely a means of last resort, when we take cases to trial, in addition to presenting a vigorous defense we also focus on preserving all potential grounds for having a potential conviction overturned.
Q: Are you safe if you did not go through with committing a contemplated white-collar crime?
No, you are not. Under federal law, individuals charged with attempt and conspiracy can face the same penalties as individuals charged with the commission of the underlying offense. As a result, when defending against federal white-collar allegations, it is imperative that you execute an informed defense strategy with the advice and representation of highly-experienced federal defense counsel.
Q: Is it possible to negotiate a plea bargain in a federal white-collar case?
Yes, if you are charged with a white-collar crime at the federal level, it is possible to resolve your case prior to trial through the negotiation of a plea bargain. Federal prosecutors will entertain plea negotiations in most cases; and, if your risk of conviction at trial is high, it may be in your best interests to negotiate a plea. However, it is possible to have criminal charges dismissed prior to trial in some cases as well; and, again, in order to make informed decisions about your defense strategy, you need to hire an experienced federal defense attorney promptly.
Q: What makes Oberheiden P.C. different from other criminal defense law firms?
At Oberheiden P.C., our practice is devoted to representing clients in high-stakes federal matters. This distinguishes us from most other criminal defense law firms in the United States. Another distinguishing factor is our firm’s composition exclusively of senior attorneys and defense consultants, many of whom are former federal prosecutors and investigative agents with the DOJ, FBI, and other agencies.
If you are under investigation or facing charges for a federal white-collar crime, your choice of legal representation matters immensely. Contact us for a complimentary case assessment and learn why individuals and businesses nationwide trust Oberheiden P.C. for federal white-collar criminal defense.
Q: What are some examples of Oberheiden, P.C.’s case results?
The following are three examples of our recent successes in federal criminal matters:
- We represented a client who was under investigation by the DOJ and the Federal Bureau of Investigation (FBI) for alleged Medicare fraud. Over the course of several meetings with the DOJ’s attorneys, our federal defense team was able to close the investigation without charges being filed.
- We represented another client in a criminal Medicare fraud investigation involving numerous federal agencies. Despite the extensive resources that the government dedicated to the investigation, we were able to successfully demonstrate that our client had not engaged in criminal conduct. We were also able to successfully disprove any civil liability, resulting in the investigation being closed without any charges or liability.
- We represented a client who was facing long-term incarceration after being indicted for alleged involvement in a healthcare fraud conspiracy. Despite the fact that the federal sentencing guidelines called for years of incarceration, Dr. Nick Oberheiden was able to convince the federal judge presiding over the case to sentence our client to probation.
Q: What are the potential outcomes if I am charged with a federal crime?
These results are representative of the types of outcomes we have been able to achieve for a significant number of our clients (however, results are not guaranteed). See more examples of our federal criminal case results.
Q: What steps should I take if I am being targeted by the federal government?
If you are being targeted by the federal government, or if you believe that you may be under investigation, there are several steps that you should try to take immediately. These include:
- Exercising your right to remain silent and not supplying any information or records to the government except on the advice of legal counsel.
- Avoiding discussing the case with anyone other than your legal counsel, and advising your employees and anyone else familiar with the matter to only discuss the case as directed.
- Preserving any records, hardcopy or electronic, that may be relevant to the investigation (destroying evidence can lead to additional charges with severe penalties).
- Assessing whether you need to take any action to prevent ongoing legal violations that could lead to further prosecution.
- Coordinating a comprehensive defense strategy focused on resolving the investigation without charges being filed.
Speak with an Experienced White Collar Federal Defense Attorney in Confidence
If you need to speak with a federal defense lawyer, please contact us to schedule a free and confidential case assessment. Members of our defense team are available 24/7, so call 214-469-9009 or request an appointment online now.
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Why Clients Trust Oberheiden, P.C.
- 1,000 Federal Cases Handled
- Available Nights & Weekends
- Experienced Trial Attorneys
- Former Department of Justice Trial Attorneys
- Former Federal Prosecutors, U.S. Attorney’s Office
- Former Agents from FBI, OIG, DEA
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We Avoided Criminal Charges
- We Avoided Criminal Charges in a Large Number of Fraud
- Money Laundering
- Intellectual Property Theft
- Theft of Government Property
- Terrorist Allegations
- Drug Charges
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