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Attorney General Defense Law Firm

Experienced Defense Counsel for State and Federal Attorney General Investigations Nationwide

Dr. Nick Oberheiden
Attorney Nick OberheidenAttorney General Defense Team Lead
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At the state and federal levels, the Attorney General serves as the jurisdiction’s top law enforcement official. Within the federal government, the Attorney General heads the U.S. Department of Justice (DOJ); and, at the state level, Attorneys General lead investigations, prosecutions, and law enforcement initiatives targeting all types of criminal offenses.

This makes facing an Attorney General investigation a very serious matter.

At Oberheiden P.C., our lawyers bring their experience to providing effective Attorney General defense for both companies and individuals. Our team includes defense lawyers who previously served in the DOJ and various state Attorney General’s Offices. As a result of this experience, we offer deep and practical insights for Attorney General defense, and we are able to take a strategic, forward-thinking, and cost-effective approach to defending corporate and individual clients in Attorney General investigations and other high-stakes law enforcement matters.

Common Allegations in Attorney General Investigations and Prosecutions

In some cases, Attorneys General conduct investigations independently. In others (as in the case of the DOJ), Attorney General’s Offices work alongside other investigating agencies, providing advice and direction to aid in eventual prosecution. But, in all cases, facing scrutiny from an Attorney General’s Office presents substantial risks, and targeted companies and individuals need to execute targeted and strategic defenses.

This starts with understanding precisely why the Attorney General’s Office is investigating or pursuing charges.

The DOJ and state Attorney General’s Offices investigate all types of crimes. While they may have certain priorities, they also have mandates to enforce the law in all areas. As a result, Attorney General investigations and prosecutions can involve a multitude of allegations, and identifying the specific allegations at issue is one of the first steps toward presenting a successful defense.

But, this is not always (or even often) easy. Given the breadth of Attorney General’s Offices’ law enforcement authority, investigations have the potential to target offenses ranging from racketeering and criminal conspiracies to health care fraud, securities fraud, and other white-collar crimes. At Oberheiden P.C., we defend clients in all Attorney General matters, including those involving:

  • Antitrust Violations
  • Conspiracy
  • Consumer Protection Violations
  • Cryptocurrency-Related Crimes
  • Drug Crimes (including Opioid and Prescription Drug Crimes)
  • Government Contract Fraud
  • Government Program Fraud (including COVID-19 Relief Fraud)
  • Health Care Fraud
  • Mail Fraud and Wire Fraud
  • Money Laundering
  • Mortgage and Insurance Fraud
  • Political Crimes (including Campaign Funding and Election Law Violations)
  • Public Corruption
  • Securities Fraud
  • Tax Crimes

These are just some of the most common examples. Additionally, within each of these examples, Attorney General investigations and prosecutions can focus on a broad range of specific offenses. For example, in securities fraud cases, Attorneys General may pursue charges ranging from selling unregistered securities to engaging in broker fraud, and from illegally promoting securities on social media to conducting Ponzi schemes and other scams targeting unsophisticated investors. With our defense law firm’s broad experience, we are able to thoroughly assess our clients’ risks, and we are able to quickly begin executing defense strategies focused on the specific allegations at hand.

Put our highly experienced team on your side

Dr. Nick Oberheiden
Dr. Nick Oberheiden

Founder

Attorney-at-Law

Lynette S. Byrd
Lynette S. Byrd

Former DOJ Trial Attorney

Partner

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)

What To Expect When Facing Attorney General Scrutiny

When conducting and overseeing law enforcement investigations, Attorney General’s Offices have a variety of tools at their disposal. Understanding how and when they use these tools is key to building an effective defense as well. For example, our lawyers regularly represent corporate and individual clients in connection with responding to:

  • Informal Requests for Interviews and Information – Many state and federal law enforcement investigations begin with informal requests for interviews and information. While these requests may seem fairly innocuous, this is by design. Voluntarily providing information to the Attorney General’s Office can be dangerous; and, if not handled carefully, responses to informal requests for interviews and information will often trigger additional scrutiny.
  • Civil Investigative Demands (CIDs)Civil investigative demands (CIDs) are powerful investigative tools that Attorneys General use liberally to obtain information in support of their law enforcement initiatives. CIDs are often extremely broad in scope, and submitting a compliant response can require a substantial undertaking.
  • Target LettersTarget letters are common investigative tools utilized by Attorneys General as well. If you have received a target letter from the DOJ or a state Attorney General’s Office, this means that the investigating agency has reason to believe that you or your company may have violated the law. A timely and strategic response is paramount, and targeted companies and individuals must work with their counsel to thoroughly assess their risk.
  • Subpoenas and Search Warrants – Subpoenas and search warrants are highly potent investigative tools that are also judicially enforceable. Refusing to comply can be dangerous, although complying can potentially be dangerous as well. If you have received a subpoena from an Attorney General’s Office or been served with a search warrant, you should consult with a defense lawyer right away.
  • Grand Jury Subpoenas and IndictmentsGrand jury proceedings serve as the gateway between law enforcement investigations and criminal prosecutions. Facing an indictment entails significant risks, and Attorneys General will often try to leverage this risk during settlement negotiations. At Oberheiden P.C., we have had significant success not only defending clients against indictments, but having indictments dismissed as well.

5 Keys to Effective Attorney General Defense

Regardless of the specific allegations and investigative efforts involved, there are several keys to effective Attorney General defense. These keys include:

1. Prompt Response

When facing scrutiny from the DOJ or a state Attorney General’s Office, a prompt response is key. These inquiries can progress quickly, and targets that do not take a proactive approach to their defense can quickly find themselves falling behind.

2. Targeted Response

The initial response to an Attorney General investigation or prosecution should be targeted to the specific circumstances at hand. As discussed above, this requires knowledge of the substantive allegations at issue, and it requires a clear understanding of what is (and isn’t) required based on the type of inquiry or notice received.

3. Risk Assessment

After discerning the substantive allegations at issue, targeted companies and individuals should work with their counsel to conduct a comprehensive risk assessment. Can the Attorney General’s Office substantiate the allegations? Or, do you (or does your company) have complete defenses available?

4. Strategic Defense

Attorney General defense should be highly strategic. This is true both in terms of the substantive defenses asserted and the path toward achieving a favorable resolution. Every step should be considered and choreographed in advance, and there should be no major surprises along the way.

5. Targeted Resolution

Just as the initial response to an Attorney General investigation should be targeted to the circumstances at hand, companies’ and individuals’ defense efforts should target a specific resolution. Depending on the circumstances involved, this could mean resolving the investigation without charges, negotiating a pre-indictment settlement, building a case to pursue pre-trial dismissal, or fighting for a favorable outcome at trial.

FAQs: Attorney General Defense for Companies and Individuals

Why Is the Attorney General’s Office Investigating Me or My Company?

 

Attorney General’s Offices investigate companies and individuals for a variety of different reasons. Common triggers include consumer complaints, whistleblower allegations, and referrals from other government agencies. If you or your company is facing Attorney General scrutiny, you will need to rely on your defense counsel to find out why, and you will need to rely on your defense counsel to discern the substantive allegations underlying the Attorney General’s investigation as well.

How Concerned Should I Be About Facing Attorney General Scrutiny?

 

State and federal Attorney General investigations can present risks ranging from fines and cease-and-desist orders to long-term imprisonment. In every case, the risks involved depend on the specific allegations at hand. Companies and individuals need to take all Attorney General investigations seriously, and they need to work closely with their defense counsel to steer these investigations away from negative outcomes.

Does the Attorney General’s Office File Criminal Charges?

 

Yes, Attorney General’s Offices can file criminal charges when warranted. In fact, many Attorney General investigations lead to criminal allegations. If you or your company is facing criminal allegations, you will need to execute a strategic defense in order to fend off an indictment.

What Should I Do if I Have Received a Letter, CID, or Subpoena from the Attorney General’s Office?

 

If you have received a letter, CID, or subpoena from an Attorney General’s Office, you should engage defense counsel promptly. You may have a short deadline to respond, and failing to respond (or even submitting a non-compliant response) could have significant negative ramifications.

Do I Need a Lawyer for Attorney General Defense?

 

Due to the wide variety of potential allegations and the risks involved, all companies facing scrutiny from the DOJ or a state Attorney General’s Office should hire legal representation. At Oberheiden P.C., we defend companies and individuals in both state and federal cases, and our lawyers rely on their experience—including prior experience inside of the DOJ and state Attorney General’s Offices—to build and execute sound defense strategies.


Speak with a Senior Attorney General Defense Lawyer at Oberheiden P.C. in Confidence

For more information about our firm’s Attorney General defense practice, contact us today. Call 888-680-1745 or get in touch online to arrange a complimentary consultation.

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