Criminal Defense

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 health care 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 health care fraud cases, providers will often face charges for multiple health care-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.