We will protect your rights, reputation and freedom.Nationwide Federal Defense, Compliance and Litigation. 95% Success Rate.
Amanda S. Marshall Former U.S. Attorney (Local Counsel)
Lynette Byrd Former Assistant U.S. Attorney
Roger Bach Former Special Agent (OIG & DEA)
Joe Brown Former U.S. Attorney
Dr. Nick Oberheiden Attorney & Founder
Cryptocurrency Fraud Defense Lawyers
Federal Criminal Cryptocurrency Fraud Defense Attorneys for Investigations and Prosecutions Nationwide
Federal agencies including the Securities and Exchange Commission (SEC) and the U.S. Department of Justice (DOJ) are aggressively targeting individuals and organizations suspected of issuing fraudulent initial coin offerings (ICOs) and engaging in other forms of cryptocurrency fraud. Fraudulent ICOs, cryptocurrency investment scams, marketing scams, and other unlawful activities are attracting intense scrutiny, and federal investigations are leading to a wide range of charges carrying the potential for substantial fines and long-term imprisonment.
Despite the meteoric rise of new digital currencies, exchanges, and banking platforms, cryptocurrencies are still a relatively new phenomenon. As a result, while efforts are underway to enact laws and regulations specific to the cryptocurrency market, in the United States cryptocurrency fraud is currently prosecuted under laws of general applicability. Due to implications for the financial and securities sectors, cryptocurrencies, exchanges, banking platforms, and other digital currency properties are subject to a bevy of statutory and regulatory sources of authority, and individuals and organizations accused of cryptocurrency fraud can face charges ranging from money laundering and tax evasion to Bank Secrecy Act and Securities Exchange Act violations. Securing the services of an experienced cryptocurrency fraud defense lawyer will be key in protecting your rights.
Are You Under Federal Investigation or Facing Charges for Cryptocurrency Fraud?
For individuals and organizations facing federal cryptocurrency fraud investigations, hiring experienced defense counsel during the investigation is critical to mitigating the risk of an indictment. If you have already been charged, you need to speak with a federal defense lawyer immediately. At Oberheiden, P.C., our team of federal defense lawyers has extensive experience in all phases of federal prosecutions, from fending off SEC and DOJ investigations to appealing convictions in federal district court.
While cryptocurrency presents some novel issues, ultimately, the same enduring principles that govern other types of federal criminal cases will dictate the outcomes of cryptocurrency fraud cases as well. In order to protect yourself, you need to execute a proactive defense, and you need to have a comprehensive and in-depth understanding of the laws and constitutional principles that apply. With our attorneys’ centuries of combined experience in federal criminal cases – including extensive experience prosecuting fraud charges on behalf of the DOJ – we are well-positioned to effectively defend individuals and organizations charged with cryptocurrency fraud in federal jurisdictions across the country.
Federal Statutes with Potential Implications for Cryptocurrency Fraud Cases
Cryptocurrency fraud allegations can trigger charges under a variety of different federal statutes. As effective cryptocurrency defense lawyers we represent company owners and executives, coders, investment firms, investment advisors, and other entities and individuals facing all types of charges in connection with alleged cryptocurrency fraud schemes. This includes charges under:
18 U.S.C. § 1030 (Computer Fraud and Abuse)
18 U.S.C. § 1341 (Mail Fraud)
18 U.S.C. § 1343 (Wire Fraud)
18 U.S.C. § 1346 (Bank Fraud)
18 U.S.C. § 1349 (Conspiracy to Commit Mail Fraud or Wire Fraud)
18 U.S.C. § 1956 (Money Laundering)
26 U.S.C. § 7201 (Tax Evasion)
Bank Secrecy Act
Commodity Exchange Act
Securities Act of 1933
Securities Exchange Act of 1934
Our attorneys are available to represent clients in federal cases involving Bitcoin, Litecoin, Ethereum, XRP, EOS, Tether, Monero, and all other cryptocurrencies.
This is Why You Are in Good Hands
Nick has been there since the beginning. Throughout this experience he has had made me feel like my case is his most important. He excels in his area of law and I would not hesitate to recommend him to anyone that needs assistance. I am honored to have had him help me through this period.
Quick response, very knowledgeable, passionate, with a caring team with real experiencewith the same federal agencies that I was corresponding with (Roger Bach!) thus making all the legal concerns understandable. I would recommend to any other health care professional or would use Nick Oberheiden again if ever needed.... Thank you!read more
I am compelled to recommend Nick Oberheiden after dealing with many blood thirsty attorneys. Nick was extremely responsive, knowledgeable, and trustworthy. His expertise and relationships in the realm of federal healthcare is great. I wish I would have called him sooner. If you are facing a federal investigation... or suit, make Nick the first call you make. He really cares and is looking out for his clients best interest. His expertise has allowed my situation that seemed so daunting to be very manageable.read more
I found myself in an unfortunate situation with the federal government. I hired Nick Oberheiden as my attorney and it has been a life saving decision. His expertise and knowledge along with his commitment is superior and of utmost importance in federal cases. Nick has kept his word throughout this stressful process... and helped me receive the best possible outcome. You will not regret hiring Nick and his law firm to defend you!!!read more
Over the past decade I have plenty of experience with health care and federal attorneys. The one that has stood by far above and beyond the most intelligent, thoughtful, straight-forward, and strategic in defense and actions has been Nick Oberheiden. Nick has achieved results that others claim they could not. He has... taken on circumstances that felt as if not winnable, and worked to create a positive outcome. Nick has become a rock and support person through my troubling time and a beacon of hope and action that things will come out in the best possible manner. There is no attorney that I could support more then Dr. Oberheiden.read more
Dr Nick Oberheiden is a truly excellent attorney in every way! He’s knowledgeable and responds to all phone calls and emails swiftly. He is concise, and puts information in understandable terms. He is happy to explain and clarify any confusing matters or material. He will put your mind at ease immediately. For me,... it was like a superhero was protecting and helping me through what was one of the most stressful situations of my professional life! Nick is worth every single bit of the five star rating from me, and from other clients who have given him five star reviews as well!read more
We needed legal service and advise, Nick Oberheiden made a bad situation better. Prompt service, responded to email , and phone calls, addressed the problem professionally and on time. Would highly recomend them.
I have conferred and worked with Nick on several healthcare fraud defense cases, representing doctors, laboratory/pharmacy owners, durable medical equipment providers and marketing companies all investigated by the U.S. Department of Justice. Nick's level of expertise when it comes to the intricacies of medicare... billing, operational regulations and corporate structure is unmatched. His experience and knowledge, combined with his high-level contacts within the Department of Justice, nationwide, make him an invaluable resource to anyone who finds themselves being investigated or audited by the Government. Nick is easy to communicate with, and goes above and beyond to make himself available to his clients and colleagues in their time of need.read more
As a healthcare regulatory expert consultant and witness I have worked with a lot of attorneys over the years! But only a few actually stand out and would be someone I would refer my family or closest friends to if they had a legal need. One of these attorneys is without a doubt Nick Oberheiden! Nick is extremely... knowledgeable, professional, and plays chess while the other side is playing checkers. The old adage you get what you pay for is never more truer in Nick’s case. Highly recommended when your license and/or freedom is on the line!read more
From the moment we walked into Nick’s office, he made us feel safe and secure. Nick exemplifies kindness and compassion for his clients, qualities that I have found rare with attorneys. Nicks passion and expertise in Healthcare and Law are unrivaled.I strongly encourage and recommend others to use Nick.... Professionally, Nick is a Genius!read more
As a former supervising investigator with a large New York State agency investigating health care fraud, I have conferred with many defense attorneys over my thirty-year career. I can honestly say that I was not impressed with many of them, that is, until I met Dr. Nick Oberheiden. Not only is he an exceptional... attorney, who provides his clients with expert strategic legal guidance, he is highly regarded for his extraordinary character and integrity. Nick is extremely ethical and always has his clients' best interests at heart. Today, I am proud, honored and privileged to work with Nick in assisting him with his clients' needs, whether it is to determine if they have any criminal liability or to proactively establish a compliance program to prevent them from falling victim to any government audit/investigation. Nick works very efficiently - saving his clients time and money. So, if you are looking for an attorney to represent you or to offer you expert guidance, don't hesitate and contact Dr. Nick Oberheiden. You'll be glad you did!read more
I was a federal agent for over 30 years and have worked with many of the most successful DOJ and DoD attorneys. Dr. Oberheiden leads a team made up of the best former Federal, State, local attorneys and investigators that can quickly assess any type of federal legal matter. The collective knowledge and experience of... Dr. Oberheiden and his "Dream Team" have yielded successful outcomes in a significant number of federal legal matters which have benefited his clients time and time again! He and his team are determined to work each case to anticipate a prosecutor's case strategy and identity weaknesses in that strategy. Dr. Oberheiden is a relentless legal strategist that has earned him his favorable reputation among the legal community nationwide! If you want a reliable and results-oriented lawyer working for you, Oberheiden P.C. has my highest recommendation and confidence!read more
During the past year, i had the privilege to work alongside Dr. Nick Oberheiden as a team-member defending the owners of a specialty pharmacy being investigated by the HHS-OIG and the USDOJ. Thanks to Nick's leadership, knowledge and expertise, "Team Oberheiden" earned the pharmacy and its owners exoneration from... criminal and civil penalties. Case closed!read more
Excellent lawyer! I have been very happy with his legal services and highly recommend Dr. Nick Oberheiden.
Nick was extremely professional, polite, helpful, and friendly. He put my friend at ease and made us feel welcome to be with her. He answered our questions even though we were just there for support. Would definitely recommend him to anyone and would use myself if ever needed.
Nick is not smart, he is BRILLIANT! He knows the proceedings of the court extremely well and is a genius when working with prosecutors and judges!He is extremely hard working, and although I knew he was working on multiple cases, every time we dealt with mine, he made me feel that my case is the most important to... him. I will most certainly not be where I am, had it not been for Nick. I had worked with a couple of lawyers before Nick came so highly recommended to me, and I can tell you that he simply light years above them. Nick bats for the big leagues!!read more
Lorraine Emma De B.
I am a retired FBI Special Agent, who worked extensively with many attorneys. I find Dr. Oberheiden ti be very knowledgeable of the healthcare issues. He has a vast knowledge of all federal violations. He is very conscientious about the benefits of his clients. I saw him working around the continent of North America... to assist his clients. One of the great traits of the Oberheiden Law Firm, is that he tackles the allegations long before they reach the court stage. His capable staff is also very qualified and assist all clients as if they are the only client in their firm. I strongly recommend the Oberheiden Law Firm to anyone who has a federal case.read more
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Nick is the absolute top expert in any federal case
Smart. Smarter. Nick.As a healthcare executive, I once ran into a litigation issue. I hired Nick and, literally, before I knew it the case was resolved in my favor. Nick has an incredible presence and every lawyer in the room knows that Nick will do exactly what he says. It was a mesmerizing experience to see Nick in... action! Very calm and determined, Nick is the absolute top litigator.read more
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Nick has been a friend and trusted advisor for almost 10 years. As anyone just looking at his bio can tell, Nick is an outstanding attorney in highest demand across the country. All healthcare providers should hire attorney Nick Oberheiden!! You will not be disappointed.
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I have worked with Nick Oberheiden for over ten years on various litigation matters in and around New York City. Nick is an accomplished and seasoned lawyer and litigator---efficient, reliable, practical and, at the same time, highly academic. Nick will take the time necessary to understand a client's short- and... long-term goals, and tailor his representation and advice to work toward and achieve those ends. Nick is a zealous advocate for his client, and will never sacrifice his client's interests for a quick or easy resolution to a case. At the end of the day, Nick is a great person to know if you or your business is in need of a top litigator or defense attorney.read more
When I was faced with one of the most terrifying and unexpected situations in my life, I called Dr. Oberheiden. I had vetted other attorneys and came right back to him. His knowledge, expertise, and reassuring presence made the decision easy. Throughout my case, his level of communication was what I needed and... expected. He constantly updated me on the status and progress of my case and was able to “talk me off the ledge” when the stress of it all would set in. He is simply the best of the best...there’s not a question about it.read more
Nick is a superb lawyer with exceptional skills and a formidable personality. Nick works harder, he thinks smarter, and he delivers faster than any lawyer you will ever find. Good, better, Nick!
1st class service. Atty. Iberheiden and Atty. Lynette Byrd were always available for us during the whole process of our Home Health Audit. Thank you so much!
I am a healthcare compliance consultant with almost 25 years of experience. The one advice I have for anyone seeking a lawyer with unbeatable healthcare law experience is to hire attorney Nick Oberheiden. For the past 8 years, I have worked with Nick on a variety of healthcare matters—from DEA compliance to DOL... supervisory rules to setting up PT and pain management clinics. I have never once seen a client not being 100% intrigued by Nick’s proven expertise in the field of healthcare structuring and compliance.Dr. S.T.read more
Nick Oberheiden is a spectacular lawyer, a true life saver. Nick is simply the very best!
Nick Oberheiden is the absolute best federal litigation attorney. Nick gives you the immediate comfort of feeling 100% protected. He is polite, respectful— and extremely compelling. His legal strategy turned out to be brilliant.
Great firm, with a great firm record of experienced healthcare and litigation attorneys.
Common Allegations in Federal Cryptocurrency Fraud Investigations
1. Unregistered and Fraudulent Initial Coin Offerings
Initial coin offerings typically involve the issuance of cryptocurrency as a means of raising capital for a new business venture. An ICO is similar in many respects to an initial public offering (IPO) involving company stock; and, as explained by the SEC, “ICOs, based on specific facts, may be securities offerings, and fall under the SEC’s jurisdiction of enforcing federal securities laws.” Selling coins, or tokens, in an unregistered ICO constitutes a form of securities fraud, and the SEC and DOJ have been aggressive in targeting individuals and organizations that have unlawfully promoted and sold tokens to individual investors.
2. Fraudulent Cryptocurrency Investment Scams
While many investigations target the unlawful sale of cryptocurrency, federal authorities are targeting individuals and organizations for other types of cryptocurrency-related fraud scams as well. For example, in March 2019 the DOJ publicized, “one of the first [cases] in which an individual has pleaded guilty to securities fraud involving a cryptocurrency in U.S. federal court.” The defendant, a 30-year-old Texas resident, raised approximately $4.25 million from investors who believed that they were investing in a new cryptocurrency called AriseCoin, when in reality the defendant was simply converting their funds for personal use. Charged with securities fraud, the defendant faced up to 20 years in federal prison.
Cryptocurrency investing can be a dangerous area for investment advisors as well. Similar to all other investments, when advising clients regarding ICOs and purchases of cryptocurrencies, investment advisors must provide suitable investment recommendations that reflect the client’s interests and the advisor’s thorough understanding of the risks involved with investing. Failing to provide suitable investment advice, withholding material information, overconcentrating investors’ portfolios in cryptocurrencies, charging excessive fees, churning investors’ portfolios in order to generate excess commissions, and other forms of investment fraud involving cryptocurrencies can all lead to civil or criminal fraud charges.
4. Money Laundering with Cryptocurrency
The DOJ and the Money Laundering and Transnational Criminal Enterprises Unit of the U.S. Attorney’s Office have recently been targeting individuals and criminal organizations for allegedly using cryptocurrency for money laundering purposes. Due to the pseudonymous nature of cryptocurrency and the limited records that are generated and stored with respect to cryptocurrency transactions, profits from fluctuations in the value of cryptocurrency can be difficult (but not impossible) to trace. This means that engaging in a high volume of cryptocurrency transactions can potentially be used as a means to launder revenue from illegal sources. However, the DOJ, the U.S. Attorney’s Office, the Internal Revenue Service (IRS), and other agencies have begun subpoenaing cryptocurrency exchanges and using other means to gather information about the parties involved in cryptocurrency transactions.
Federal Penalties for Cryptocurrency Fraud
Since cryptocurrency fraud investigations can lead to charges under multiple federal statutes, determining the potential penalties in a cryptocurrency fraud case requires identification of the specific statute (or statutes) involved. It is also necessary to determine whether the investigation is civil or criminal in nature, as some statutes include provisions for both civil and criminal penalties. In civil cases, prison time is off of the table; however, fines, restitution, and other financial penalties can easily reach into the millions of dollars. In criminal cases, in addition to substantial fines, defendants can also face prison terms including:
Bank Secrecy Act Violations – 5 years per count
Computer Fraud – 10 years per count
Mail Fraud – 20 years per count
Money Laundering – 20 years per count
Securities Fraud – 20 years per count
Tax Evasion – 5 years per count
Wire Fraud – 20 years per count
Note that these are the prison sentences per count, and that federal prosecutors will often pursue multiple counts of multiple charges in cryptocurrency fraud investigations. In some cases, the maximum prison sentences can be extended beyond those stated above as well (for example, a repeat computer fraud offender can face a 20-year prison term for a single count), again reiterating the need for experienced and dedicated cryptocurrency fraud defense lawyers for your defense strategy.
Strategic Defense for Federal Cryptocurrency Fraud Investigations, Grand Jury Proceedings, and Trials
In our federal defense practice, we take a proactive and strategic approach to protecting our clients against the substantial penalties that can be imposed for all types of cryptocurrency fraud. We work closely with our clients to understand the facts involved, and we utilize our defense attorneys’ centuries of combined experience to effectively communicate with federal prosecutors and work toward a favorable pre-trial resolution. If you contact us while your investigation is pending, we will focus our efforts on resolving the investigation without charges being filed. Depending on the nature and the current status of your cryptocurrency fraud case, our services may include:
1. Prompt Intervention in the Government’s Investigation
If your investigation is still ongoing, we will make contact with the agents and prosecutors handling your case right away. We have extensive experience in DOJ, SEC, and other federal agency investigations, and we can utilize our experience as former federal prosecutors to your advantage. We will determine the scope and nature of the allegations against you, we will ensure that you are not disadvantaged by violations of your constitutional rights, and we will work quickly to build a strategic and custom-tailored defense.
2. Aggressive Pursuit of a Pre-Charge Resolution
We have an extensive track record of helping our clients avoid charges in federal civil and criminal investigations. Once we discern precisely why you are under investigation, we will focus on challenging every element of the government’s case in order to convince the prosecutors involved that any charges would be unlikely to lead to conviction at trial.
3. Grand Jury Subpoena Defense
Federal grand jury proceedings are unique from almost every other aspect of civil and criminal defense. If you receive (or you have already received) a federal grand jury subpoena, we will guide you through the process of responding and preparing your testimony. We will also assess all potential grounds for challenging the subpoena and protecting you against an indictment.
4. Pre-Trial Practice and Plea Negotiations
If an indictment is unavoidable, we will utilize the pre-trial stage of your case to its fullest potential. While we challenge the admissibility and sufficiency of the prosecution’s evidence in court, we will concurrently negotiate with the U.S. Attorney’s Office to secure a favorable result before trial.
5. Trial Representation
Our attorneys have extensive experience in civil and criminal federal trials. If we believe it is in your interests to present a defense in court, we will meticulously prepare a comprehensive trial defense and fight for your freedom at trial.
Speak with our Crytocurrency Fraud Defense Lawyers at Oberheiden, P.C.
If you are under investigation or facing charges in the U.S. for cryptocurrency fraud, we urge you to contact us promptly to discuss your case. To speak with one of our federal defense lawyers as soon as possible, call 888-680-1745 or request a free consultation online now.
Experts & Consultants
Nick Oberheiden is the absolute best federal litigation attorney. Nick gives you the immediate comfort of feeling 100% protected. He is polite, respectful— and extremely compelling. His legal strategy turned out to be brilliant.