Former federal prosecutors
offering unparalleled knowledge and a proven track record


Meet the Team
Oberheiden Attorneys

Federal Criminal Defense Lawyers with Results

If you have been arrested — or contacted by federal or state law enforcement agents requesting a meeting with you — do not give statements or cooperate in any way until you have a chance to speak with us. Don’t waste your time, don’t ruin your chances. Call us today.

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The worst thing a suspect or a defendant in a criminal case can do is to do nothing. You have to be active, you need to create pressure on the government, not vice-versa.

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Federal Defense Attorneys Serving Individuals and Corporations Against White Collar Crime Charges

Oberheiden & McMurrey LLP is a team of former Department of Justice prosecutors and veteran federal defense attorneys that represent professionals and businesses against government investigations and federal charges. With more than 50 years of combined experience in leading government positions, our attorneys are able to effectively assess a situation and to provide reliable advice in times of crisis.

About Oberheiden & McMurrey

Oberheiden & McMurrey represents, advises, and defends corporate and individual clients in a wide spectrum of civil, criminal, and administrative investigations.

Our attorneys have successfully resolved government investigations involving health care fraud, public corruption, state and federal false claims, mail fraud, wire fraud, money laundering, tax fraud, antitrust violations, and securities. Clients of Oberheiden & McMurrey are represented by former Department of Justice officials, former federal prosecutors, and senior attorneys with the experience and skillsets needed to effectively protect your business, your license, and your freedom.

White-collar defense clients of Oberheiden & McMurrey have included investment companies and hedge funds, start-ups and established businesses, business executives, public officials, physicians, lawyers, pilots, in-office federal prosecutors, and federal law enforcement personnel.

Oberheiden & McMurrey is primarily known for its zealous trial practice. We understand that our clients simply cannot afford to jeopardize their license, their reputation, or their freedom. Former Department of Justice Trial Attorneys and distinguished trial lawyers from various U.S. Attorney’s Offices work hard to ensure that successful business owners and professionals are protected.

Recognizing that most white-collar investigations and offenses are subject to federal law, Oberheiden & McMurrey focuses its practice on investigations led by federal agencies. Where needed, we utilize our broad network of former federal agents and recognized experts to supplement our defense teams, especially when expert testimony can make a decisive difference in a case outcome.

Experience Defending False Claims Act & Qui Tam Cases

The Firm’s unique composition of former federal prosecutors and long-time private practice defense attorneys allows us to have a balanced view when assessing False Claims Act cases. From our attorneys’ former positions at the Department of Justice, we know what makes a case strong and how the government analyzes qui tam lawsuits according to internal policies and procedures. Similarly, our track record of successful defense against qui tam and whistleblower lawsuits under state and federal False Claims Act provisions exemplifies the profound knowledge our attorneys have when it comes to effective defense strategies and discreet, non-criminal case resolution.

Oberheiden & McMurrey primarily acts as a false claims defense firm. In certain limited circumstances, however, we do accept a role as plaintiff’s lawyers—if and when we believe the allegations contained in the whistleblower lawsuit are so strong that even our firm’s attorneys would have difficulty marshalling a defense!

  • False Claims Act Investigation Against a Health Care Business. Our Client Was Served With a Federal Subpoena Issued by the Department of Health and Human Services and the Office of Inspector General. Our Experience With Medicare Fraud Investigations Allowed Us to Persuade the Government to Conclude the Fraud Investigation with No Civil and No Criminal Liability for Our Client and Any of Its Principals, Directors, Employees, and Otherwise Affiliated Individuals.
  • False Claims Act Investigation Against a Health Care Business. Our Client Was Served With a Federal Subpoena Issued by the Department of Health and Human Services and the Office of Inspector General. Our Experience With Medicare Fraud Investigations Allowed Us to Persuade the Government to Conclude the Fraud Investigation with No Civil and No Criminal Liability for Our Client and Any of Its Principals, Directors, Employees, and Otherwise Affiliated Individuals.
  • False Claims Act Investigation Against a Health Care Business. Our Client Was Served With a Federal Subpoena Issued by the Department of Health and Human Services and the Office of Inspector General. Our Experience With Medicare Fraud Investigations Allowed Us to Persuade the Government to Conclude the Fraud Investigation with No Civil and No Criminal Liability for Our Client and Any of Its Principals, Directors, Employees, and Otherwise Affiliated Individuals.
  • False Claims Act Investigation Against a Health Care Business. Our Client Was Served With a Federal Subpoena Issued by the Department of Health and Human Services and the Office of Inspector General. Our Experience With Medicare Fraud Investigations Allowed Us to Persuade the Government to Conclude the Fraud Investigation with No Civil and No Criminal Liability for Our Client and Any of Its Principals, Directors, Employees, and Otherwise Affiliated Individuals.
  • False Claims Act Investigation Against a Health Care Business. Our Client Was Served With a Federal Subpoena Issued by the Department of Health and Human Services and the Office of Inspector General. Our Experience With Medicare Fraud Investigations Allowed Us to Persuade the Government to Conclude the Fraud Investigation with No Civil and No Criminal Liability for Our Client and Any of Its Principals, Directors, Employees, and Otherwise Affiliated Individuals.

The attorneys at Oberheiden & McMurrey are available to offer you their free and confidential assessment regarding your False Claims Act situation. It is important to understand that False Claims Act cases have both civil and criminal components. Don’t experiment. Contact Oberheiden & McMurrey so that we can control the situation and defend you, your business, and your reputation.

Our Experience With Health Care Fraud Cases

Oberheiden & McMurrey is known as one of the country’s premier health care fraud defense firms. Our attorneys have counseled, advised, and defended clients from across the United States in hundreds of civil and criminal health care fraud investigations involving Anti-Kickback, Medicare fraud, Medicaid fraud, Tricare fraud, fraud in connection with the Department of Labor benefit program, Stark Law, and False Claims Act allegations.

Our track record of successful case outcomes is impeccable. Our profound understanding of the health care industry and familiarity with all relevant rules and regulations have allowed us (1) to avoid criminal charges by proactive negotiations with the government, (2) to turn criminal investigations into civil cases, (3) to identify specific health care law exceptions serving as defenses to the government’s prosecution, in particular in Anti-Kickback and Stark Law investigations, and (4) to conclude a great number of cases with no civil and no criminal liability for our clients.

What makes Oberheiden & McMurrey a first choice defense firm is our combination of government insights and compelling negotiation and trial advocacy. Several of our attorneys previously served in leading health care law positions at the Department of Justice. Former federal prosecutors and recognized health care fraud defense attorneys are now offering their combined experience of hundreds of health care fraud investigations from both sides of the table to you, our valued client.

  • Anti-Kickback Investigation Against A Nationally Operating Health Care Business. Several Branches of the Federal Government Investigated Alleged Violations of the Anti-Kickback Statute Within a Large Health Care Business. Our Attorneys Pursued a Proactive Approach with the Lead Assistant United States Attorney (AUSA) With the Goal to Present Factual Explanations and Legal Arguments As to Why Our Client Was Not Involved in Fraud and Abuse. Parallel to Providing Documents and Corporate Policies to the Government, We Met with the Prosecutors and Our Health Care Law Knowledge Allowed Us to Persuade the Government to Conclude the Fraud Investigation with No Civil and No Criminal Liability for Our Client and Any of Its Principals, Directors, Employees, and Otherwise Affiliated Individuals.
  • Medicare Fraud & Stark Law Investigation by the Department of Justice and the Federal Bureau of Investigation (FBI) Against Our Client. After Initiating and Continuing Negotiations, Our Attorneys Were Able to Provide the Government with Compelling Reasons to End the Investigation at an Early Stage. The Case Had Both Civil and Criminal Components and Our Attorneys Were Able to Resolve the Matter With No Civil and No Criminal Liability for Our Client and Any of Its Principals, Directors, Employees, and Otherwise Affiliated Individuals.
  • Tricare Fraud Investigation by the Department of Defense, the Federal Bureau of Investigation (FBI), and the Department of Justice. Our Health Care Client Received a Grand Jury Subpoena Potentially Implicating Him in a Federal Health Care Fraud Conspiracy. Our Attorneys Were Able to Discuss the Matter with the Lead Assistant United States Attorney (AUSA) and Reached a Proffer Agreement with the Government. Our Client Was Facing Several Years of Incarceration; We Were Able to Negotiate a No Civil and No Criminal Liability for Our Client.
  • False Claims Act Investigation Against a Large Health Care Conglomerate. Our Client Received a Subpoena from the Office of Inspector General. Our Attorneys Quickly Determined that the Investigation Had Underlying Anti-Kickback and Stark Law Components. We Immediately Reached Out to the Handling Local U.S. Attorney’s Office and Began Negotiations to Resolve the Matter with the Primary Goal to Avoid Criminal Prosecution. Several Months into the Case We Felt Comfortable Enough to Make a Presentation at the Department of Justice and Were Able To Explain and Resolve the Allegations By Way of a Skillful Health Care Fraud Defense Presentation. The Government Ended the Investigation and We Concluded the Representation for Our Client With No Civil and No Criminal Liability for Our Client and Any of Its Principals, Directors, Employees, and Otherwise Affiliated Individuals.

The former federal prosecutors and attorneys of Oberheiden & McMurrey are available to discuss your case. Don’t let the situation get out of control, and don’t let the government build a criminal case against you. Call us today and let us identify your options.

Our Experience With Antitrust Investigations

Oberheiden & McMurrey offers clients the A-Team of antitrust lawyers with several attorneys of the firm having previously served as trial lawyers in the Department of Justice’s Antitrust Division.

  • Glenn Harrison leads the antitrust cases at Oberheiden & McMurrey. Glenn spent the majority of his career as a trial attorney with the Department of Justice’s antitrust division. As a retired former federal prosecutor, former Special Assistant U.S. Attorney, and former DOJ Trial Attorney, Glenn offers clients a wealth of experience when it comes to working with government agencies or advising clients on antitrust matters, in particular in the area of financial services.
  • Bill McMurrey is a former federal prosecutor and former member of the Justice’s Department antitrust division. Bill counsels clients on all types of civil and criminal antitrust matters and his extensive and proven trial experience gives clients the comfort of knowing that their interests are well protected.
  • Elizabeth Stepp is a graduate of Yale Law School with over twenty years of experience in complex litigation, including responding to FTC second requests and defending mergers from challenges from competitors and consumers. Elizabeth has achieved exceptional success in obtaining or defending against restraining orders and temporary injunctions in courts across the country.

Our Experience With Internal Investigation & Corporate Compliance Charges

Oberheiden & McMurrey recognizes the dominant role corporate compliance plays in today’s regulatory environment. Companies of all sizes are well advised to create, monitor, and enforce rules and policies that are representative of and that formally document the company’s intent to comply with all applicable state and federal regulations—whether securities, health care fraud and abuse laws, or other rules that are focus points of government investigations. While many clients call us in times of emergencies when they need to defend their business against a qui tam or whistleblower lawsuit, other clients engage Oberheiden & McMurrey more preemptively to present their business in the best light possible should the company ever be involved in litigation, subject to audits, or the focus of a government investigation. Here are some examples of our broad experience when it comes to successfully managing a company’s internal compliance obligations.

  • Internal Investigation & Corporate Compliance Set Up Compliance Program for a Client Pending a Government Investigation. Our Client Was Notified by Various Federal Law Enforcement Branches About a Qui Tam Lawsuit Filed Against Our Client. Our Attorneys Came In on an Emergency Basis to Evaluate and Document Existing Corporate Structures. We Were Able to Get Several Extensions from the Government to Produce Requested Documents and by the Time We Met at the U.S. Attorney’s Office We Were Able to Produce Compelling Compliance Structures and, Most Importantly, We Were Able To Demonstrate that Our Client Had No Criminal Intent. The Investigation Ended With No Civil and No Criminal Liability for Our Client.
  • Internal Investigation & Corporate Compliance Review of National Conglomerate to Identify and Rectify Instances of Security Fraud. Company Was Organized in Various Privately Held Affiliates that Pursued a Physician-Investor Model under Federal and State Securities Laws. Our Attorneys Served as Outside Advisors and Helped Rectify Potential Exposure Prior to an Imminently Expected Government Investigation. The Audit Ended With No Civil and No Criminal Liability for Our Client.
  • Internal Investigation & Corporate Compliance Review of Large Health Care Organization to Combat Instances of Anti-Kickback Violations and Other Fraudulent Misconduct. Our Attorneys Worked Closely With the Client’s Compliance Officers and Eradicated Signs of Structural Fraud and Abuse Prior to the Client’s Receipt of Notice of a Government Investigation. The Investigation Ended With No Civil and No Criminal Liability for Our Client.
  • Internal Investigation & Corporate Compliance On Behalf of a Client Pending a Federal Government Investigation. Our Attorneys Were Able to Quickly Revise, Supplement, and Modify Existing Corporate Structures and to Implement a Compelling Corporate Compliance Program. Following an Internal Audit under the Leadership of Our Attorneys and After Producing Newly Created Employment Manuals, Code of Ethics, and Compliance Training Materials the Government Ended the Investigation against Our Client Resulting in No Civil and No Criminal Liability.
  • Internal Investigation & Corporate Compliance Review of Numerous Pharmacies Pending an Investigation by the Drug Enforcement Administration (DEA). Our Attorneys Were Called on the Eve of an Inspection by Drug Diversion Officers and We Were Able to Avoid a Threatened Search Warrant and Ultimately Worked Out a Resolution with the Government With No Civil and No Criminal Liability for Our Clients.

The former federal prosecutors and attorneys of Oberheiden & McMurrey are available to discuss your case. Don’t let the situation get out of control and don’t let the government build a criminal case against you. Call us today and let us identify your options.

Our Experience Representing Executives

Everyone wants to be in charge, but nobody wants to be responsible. That’s the life story of an executive. Making decisions is not always easy and it gets even more complicated when a business grows and decision-making must be delegated to others. Many of our clients have built impressive companies and at some point discovered that their compliance had not fully kept up with the growth and expansion of their business ventures. Before these business owners know it, former employees or jealous competitors have reported alleged misconduct to law enforcement. It is at that point when many business owners realize for the first time that not all company structures and internal operations are as organized and compliant as they should be.

Oberheiden & McMurrey can help. We have turned countless investigations from criminal to civil. We have convinced government officials to close investigations because alleged misconduct has been addressed and corrected based on the advice and guidance of our attorneys. We have turned seemingly hopeless instances of criminal charges into acquittals, probation, and dismissals. Experience matters, perhaps more so in federal government investigations than in any other area of law. After all, everything is on the line: your livelihood, your reputation, and your freedom. If you or your business need help defending against the government or explaining things to the government to stop an investigation, you should call the experienced attorneys at Oberheiden & McMurrey today. Initial consultation calls are free and confidential.

The former federal prosecutors and attorneys of Oberheiden & McMurrey are available to discuss your case. Don’t let the situation get out of control and don’t let the government build a criminal case against you. Call us today and let us identify your options.

Our Experience Representing Physicians

The system expects physicians (and all other medical professionals) to be perfect care providers, great business people, and excellent compliance officers. This premise becomes increasingly overwhelming given the pressure and competition that exists in today’s health care industry. Physicians are constantly approached to invest or participate in apparently lucrative deals that can compensate for the loss of income that occurs a result of denied claims, uncovered procedures, and mere insurance arbitrariness. Ancillary income streams are tempting, but are often also a cause for concern. While physicians are simply physicians, business people in physician joint ventures drive the business—sometimes too fast and too far. Physicians with licenses have the most to lose and sometimes become the victims.

Oberheiden & McMurrey understands the spiral of temptations and complications. Many of our physician clients are totally shocked to hear that they are under federal investigation and are at risk of losing everything they have worked for their entire life. Good advice is needed to make the right decisions. Just like patients with a heart disease go to cardiology specialists, so should doctors with a federal problem go to lawyers with federal background and expertise. Former federal prosecutors and former Department of Justice attorneys competently advise physicians at Oberheiden & McMurrey to do the right thing at the right time.

  • Anti-Kickback Investigation Against Our Physician Client. Several Branches of the Federal Government Investigated Alleged Violations of the Anti-Kickback Statute Against Our Client’s Clinic. Our Attorneys Pursued a Proactive Approach with the Lead Assistant United States Attorney (AUSA) With the Goal to Present Factual Explanations and Legal Arguments As to Why Our Client Was Not Involved in Fraud and Abuse. Parallel to Providing Documents and Corporate Policies to the Government, We Met with the Prosecutors and Our Health Care Law Knowledge Allowed Us to Persuade the Government to Conclude the Fraud Investigation with No Civil and No Criminal Liability for Our Client and Any of Its Principals, Directors, Employees, and Otherwise Affiliated Individuals.
  • Medicare Fraud & Stark Law Investigation by the Department of Justice and the Federal Bureau of Investigation (FBI) Against Our Physician Client. After Initiating and Continuing Negotiations, Our Attorneys Were Able to Provide the Government with Compelling Reasons to End the Investigation at an Early Stage. The Case Had Both Civil and Criminal Components and Our Attorneys Were Able to Resolve the Matter With No Civil and No Criminal Liability for Our Client and Any of Its Principals, Directors, Employees, and Otherwise Affiliated Individuals.
  • Grand Jury Investigation by the Department of Justice Against Our Physician Client. Our Attorneys Were Asked to Help a Pain Specialist Physician that Was Served a Federal Grand Jury Subpoena. After Conducting a Factual and Legal Analysis We Reached Our to the Prosecutors To Find Out What the Case Was About. After Some Continuing Discussions About the Alleged Role of Our Client in the Investigated Scheme, We Convinced the Government that Our Client Had No Involvement. Our Attorneys Were Able to Resolve the Matter With No Civil and No Criminal Liability for Our Client and Any of Its Principals, Directors, Employees, and Otherwise Affiliated Individuals.
  • OIG Subpoena and Federal Investigation Against Our Physician Client. Our Client Received a Subpoena from the Department of Health and Human Services to Investigate Alleged Health Care Fraud. Our Attorneys Secured a Production Extension and Got the Government to Agree to a Slow, Rolling Production of Documents Over Time. We Used the Time Gained to Diligently Review Responsive Records and Supplement Our Client’s Corporate Records. Over a Period of Months, We Maintained Open Lines of Communication with the Government and We Were Ultimately Able to Resolve the Issue. Even Though Our Attorneys Were Able to Resolve the Matter With No Civil and No Criminal Liability for Our Client and Any of Its Principals, Directors, Employees, and Otherwise Affiliated Individuals, We Made Sure that the Investigation Never Became Public.

The former federal prosecutors and attorneys of Oberheiden & McMurrey are available to discuss your case. Don’t let the situation get out of control, and don’t let the government build a case against you. Call us today and let us identify your options.

Our Experience Representing Lawyers

Being a lawyer is not always an easy task. Lawyers must navigate through the maze of constantly changing rules and regulations and at the same time are expected to meet, if not exceed, ambitious expectations. Our attorneys understand the pressure that professionals are often exposed to, and we are always available to provide second opinions or to help with an existing problem.

Our attorneys have helped a number of other attorneys (and federal law enforcement professionals) stay out of problematic situations and resolve pending cases on their behalf. If you are an attorney and you need assistance or a second opinion, you should call us today so that we can address the issue and find a solution together.

Our Experience With Public Corruption Charges

Those in the spotlight and on the forefront of society and politics must sometimes experience the flipside of responsibility and leadership: accountability. Today, more than ever before, decision-makers on all community levels are under scrutiny, observation, and investigation.

The Federal Bureau of Investigation (FBI) has established special task forces in all major U.S. cities to uncover bribery, corruption, collusion, and other forms of inappropriate influencing of those that make important community decisions.

Oberheiden & McMurrey has the resources, the reputation, and the experience to fight bribery and public corruption charges. Our attorneys have served in lead positions of financial crimes, white-collar offenses, and fraud sections within the Department of Justice and understand what it takes to bring corruption charges and what to do against it. Media stations regularly interview our attorneys to provide quality assessments of pending federal cases. Firm attorney Dr. Nick Oberheiden, for example, recently served Fox 4 News as ongoing legal consultant to cover one of Texas’s largest public corruption cases in history.

The former federal prosecutors and attorneys of Oberheiden & McMurrey are available to discuss your case. Don’t let the situation get out of control and don’t let the government build a criminal case against you. Call us today and let us identify your options.

Federal Trial Experience: Why Choose Oberheiden & McMurrey?

Oberheiden & McMurrey is known for its dominant federal trial practice. Former Department of Justice Trial Attorneys, former federal prosecutors, and other distinguished trial lawyers offer clients the courtroom dominance and trial expertise needed to convince even the most skeptical judges and jurors. When we take clients to court, we know we can win.

What makes the trial group at Oberheiden & McMurrey not just unique, but also nationally outstanding, is the firm’s pedigree of hundreds of federal trials supervised, prepared, organized, or conducted as lead counsel. Our attorneys have led civil and criminal trial teams on behalf of the United States as well as on behalf of our clients in federal cases across the United States.

The attorneys at Oberheiden & McMurrey are skilled, trained, and highly respected criminal litigators. At any given time, our attorneys are presently involved in federal litigation allowing us to constantly hone our skillset and spread our reputation of excellence throughout the country. If you think you did not do what the government accuses you of doing, you should not give in, and you should not plead guilty. Discuss your trial options with real federal trial attorneys, and call us today.

Whom at Oberheiden & McMurrey Should You Contact to Get a Free Consultation?

Oberheiden & McMurrey is available for clients from across the United States. If you or your business is under investigation, you should contact one of our senior attorneys for a free and confidential consultation. Our attorneys include the former chief for health care fraud at the U.S. Attorney’s Office, former Assistant United States Attorneys (AUSA), former Special Assistant United States Attorneys (SAUSA), former Department of Justice Trial Attorneys, the former Deputy Chief of the Trial Section at the U.S. Attorney’s Office, and other distinguished lawyers of national reputation. Experience matters, so let’s visit and find solutions for your situation.

  • Nick Oberheiden is the managing partner of Oberheiden & McMurrey. Nick has successfully represented executives, business owners, public officials, physicians, and lawyers in a variety of civil and criminal investigations across the United States.
  • Bill McMurrey is a former Department of Justice Trial Attorney, former Assistant United States Attorney (AUSA), former federal prosecutor, and the former long-time chief coordinator for health care fraud at the Department of Justice for the Northern District of Texas.
  • Glenn Harrison is a former Department of Justice Trial Attorney, former Special Assistant United States Attorney (SAUSA), and former federal prosecutor with significant experience in federal investigations and grand jury proceedings involving financial offenses, fraud, and antitrust matters.
  • Lynette S. Byrd is a former Assistant United States Attorney (AUSA) and experienced trial attorney who previously represented the United States in a variety of federal investigations and trials.

We recognize the importance of each matter and we dedicate our fullest attention to each client. We are available to discuss your concerns in a free and confidential consultation, including on weekends.

Who Will Handle Your Case

When you hire us, you will not work with paralegals or junior lawyers. So, when you call, you can expect a lawyer that immediately connects with your concerns and who brings in a wealth of experience and competence.

Bill C. McMurrey

Bill C.
McMURREY

Dr. Nick Oberheiden

Dr. Nick
OBERHEIDEN

Lynette S. Byrd

Lynette S.
BYRD

Glenn A. Harrison

Glenn A.
HARRISON

Client Experiences

Top Lawyer!

Dr. Oberheiden quickly understands all issues and is able to convincingly present the client’s side of the story. From my experience with other lawyers, I consider Dr. Oberheiden to be among the best attorneys we have ever used. Should we ever need legal help, the first thing our company will do is to call Dr. Oberheiden.”

- Anonymous Client

Fantastic, Quick Results

“Nick and his partners were great to work with. They were quick to respond to any questions that I had and also spent the time to make me feel like they cared about my situation when I was panicked. I would recommend Nick and Elizabeth to anyone. These guys know the law and helped me tremendously. Thank you.”

- Anonymous Client

Impeccable Service

“Our experience with Nick Oberheiden was overwhelmingly positive! We recently brought a range of complex legal issues to the table, which they responded to with a systematic, prudent approach. Throughout our work together, Oberheiden & McMurrey, LLP served as an invaluable source of practical guidance and legal leadership. We would recommend them highly and without reservation to anyone. Simply, the best!”

- Anonymous Client

Trustworthy, Experienced Firm

“Our companies have worked with firms all over the country within various specialties and now use Nick Oberheiden’s firm almost exclusively. Nick represented our companies in some federal law investigations. His guidance and expertise allowed us to continue to concentrate on our core business as he dealt with the complex legal issues.”

- Anonymous Client

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