Federal Criminal Defense Attorneys

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.

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.

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

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.

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.

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 health care fraud and securities fraud, federal white-collar criminal cases can target a broad array of alleged criminal activities.

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.

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.

The possible sentences for federal white-collar crimes also vary widely. The Federal Sentencing Guidelines will apply in many cases (although application of the Federal Sentencing Guidelines is not mandatory), and many federal criminal statutes impose specific sentences as well.

In virtually all cases, however, the penalties that are on the table are substantial. For example, the federal mail fraud and wire fraud statutes provide for sentences of up to 30 years in prison and a $1 million fine under certain circumstances, and defendants charged with multiple crimes can face either concurrent or consecutive sentencing depending on the specific charges that are filed.

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.

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 criminal defense attorney promptly.

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.

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.

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.

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.