Cyber Crime Defense Lawyers
Cyber crime targeting U.S. companies and the U.S. government is at an all-time high. The U.S. government is also paying more attention to cyber crime than ever before, and it is cracking down heavily those suspected of committing fraud, theft, and other offenses. If you are under federal investigation or facing federal prosecution for cyber crimes, you need to engage defense counsel immediately.
In 2018, the U.S. Department of Justice (DOJ) sent a clear warning to cyber criminals: The DOJ is watching, and it is prepared to do what is necessary to protect the interests of U.S. companies and the U.S. government. In a public address, former Attorney General Jeff Sessions announced several first-of-their kind indictments and civil charges against foreign nationals and foreign entities accused of hacking U.S. companies and stealing billions of dollars’ worth of data and intellectual property (IP). The DOJ and other agencies have set their signs on foreign agents seeking to infiltrate federal government databases and influence American elections as well.
Cyber crimes are subject to severe penalties in the United States. Individuals accused of hacking, espionage, IP theft, and other crimes can face a multitude of charges, and the aggregate penalties for these charges can face millions of dollars in fines and effective life sentences. Companies accused of corporate theft and espionage can face multi-billion-dollar liability.
DOJ, FBI, and Other Federal Agencies are Targeting Foreign Cybercriminals
Recently, the DOJ, the Federal Bureau of Investigation (FBI), and other federal agencies have indicated that they are aggressively targeting foreign cybercriminals. This includes foreign nationals living in the United States as well as foreign citizens living abroad, who may be extradited to the United States for prosecution. Companies involved in cybercrime targeted U.S. businesses and U.S. government agencies can face federal law enforcement action as well, and the DOJ, FBI, and other agencies are pursuing civil forfeitures to recoup U.S. entities’ losses and impose penalties intended to ensure that foreign companies are unable to target U.S. assets again.
Two significant recent examples of these federal law enforcement efforts are:
- In 2018, the DOJ obtained a grand jury indictment against a Chinese state-owned company, a Taiwan company, and three Taiwan citizens for economic espionage arising out of an alleged scheme to steal trade secrets from a U.S. company worth an estimated $8.75 billion. Potential penalties for the Taiwan citizens included 15 years in prison and $5 million in fines. The two companies faced more than $20 billion in forfeitures and fines. The Chinese company was also added to the U.S. Department of Commerce’s list of denied entities that are prohibited from buying goods and services in the United States.
- In early 2020, the FBI announced investigations targeting more than 1,000 suspected cases of Chinese cybercriminals targeting U.S. companies. According to FBI Director Christopher Wray, the investigations required the efforts of, “all 56 [FBI] field offices and span[ed] just about every industry and sector.” Wray also stated, “They’re not just targeting defense-sector companies. The Chinese have targeted companies producing everything from proprietary rice and corn seeds to software for wind turbines to high-end medical devices.” This represents an enormous increase in the FBI’s investigative efforts targeting Chinese economic espionage, with just 24 arrests being made in 2019.
Cyber Crime Defense Lawyers for DOJ, FBI, and Other Federal Agency Investigations
Our firm provides defense representation for individuals and companies facing DOJ, FBI, and other federal agency investigations targeting all forms of cyber crime. We represent individuals and companies domestically and abroad, and we have the team and resources required to effectively handle federal law enforcement matters anywhere in the United States. Our cyber crime defense practice encompasses cases involving allegations including (but not limited to):
Cyber intrusions used to gain access to proprietary information, business strategies, research and development, personally-identifying information (PII), and other information that can provide a competitive advantage can be both lucrative and extremely dangerous. We defend clients accused of hacking corporate servers, information databases, individual computers and smartphones, and other technology assets.
Data and IP Theft
Whether through illicit data transmissions or literally walking out the front door with millions or billions of dollars’ worth of data in the palm of your hand, all forms of data theft are subject to heavy prosecution and severe penalties in the United States. We represent employees, former employees, and other individuals accused of stealing data from U.S. businesses and U.S. citizens.
Corruption of Company or Government Insiders
Bribery, blackmailing, threats, and other measures used to corrupt company and government insiders can subject U.S. citizens and foreign nationals to a multitude of federal criminal charges. We have experience handling these types of charges both within and outside of the context of cyber crime allegations, and we can use this experience to build a strategic defense.
Economic espionage can take many forms, and the DOJ and FBI are currently on high alert for any potential signs of spying. This includes economic espionage targeting private companies, public companies, and colleges and universities. We represent professionals, researchers, and other individuals accused of infiltrating U.S. entities and institutions in order to gain access to sensitive and proprietary data.
Ransomware, Computer Viruses, and Other Cyber Attacks
Cyber attacks used to gain access to proprietary information, to secure ransoms, and to disrupt businesses and markets can cause extraordinary losses, and those accused of committing these crimes can face extraordinary penalties. Our attorneys provide experienced federal defense representation for individuals and entities accused of deploying these attacks from within the United States and abroad.
The use of intrusive methods to gain access to PII, credit information, health information, financial accounts, and other personal data is a crime that is subject to substantial penalties under federal law. Each instance of identity theft (i.e. each identity stolen) can be prosecuted as a separate count, and this means that individuals and business organizations targeted for identity theft can face inordinate liability.
Bank Fraud, Computer Fraud, and Other Forms of Fraud
The use of intrusive methods to commit bank fraud, computer fraud, and other forms of fraud can also lead to prosecution for multiple counts of multiple federal crimes. Combined with charges for wire fraud, money laundering, and conspiracy (which are all common in computer-related white-collar criminal cases), these charges can lead to millions of dollars in fines and decades of federal imprisonment.
From buying and selling stolen information to conducting transactions involving illegal drugs and human trafficking, the U.S. crackdown on cyber crime means that individuals and businesses that engage in illicit transactions are at high risk for prosecution as well. Additionally, now that the U.S. government has labeled cryptocurrency as a potential national security threat (and now that federal authorities can identify the parties to cryptocurrency transactions), transactions conducted using Bitcoin and other digital currencies are facing enhanced scrutiny.
Malign Foreign Influence
The use of cyberattacks to influence U.S. elections has gained the full focus of divisions within the DOJ, FBI, and other agencies. Federal authorities are doing everything in their power to prevent foreign interference in the current election cycle, and individuals and organizations accused of seeking to influence the U.S. democratic process will face swift and severe retribution.
Strategic Defense for Federal Cyber Crime Investigations and Prosecutions
Any time you (or your company) is under investigation by the DOJ or the FBI, the prompt execution of an effective defense strategy is crucial to avoiding unnecessary consequences. At Oberheiden P.C., we rely on the extensive experience of our career defense attorneys, former federal prosecutors, and former federal agents to proactively defend our clients with strategies that have proven to be effective in thousands of federal cases.
If you are currently under investigation, we will intervene in the process and work to prevent the investigation from leading to civil or criminal charges. If you are facing a grand jury indictment or you have already been charged, we will fight to avoid liability and keep you out of federal prison. We can assist with extradition and other related matters as well, and we can begin working on your defense immediately.
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Our Cyber Crime Defense Lawyers & National Security Team
Cyber crime investigations and prosecutions involving the DOJ, FBI, and other agencies are handled by our Cyber crime and National Security Team. The members of this team include:
- Nick Oberheiden, Founder of Oberheiden P.C.
- Amanda Marshall, Former U.S. Attorney
- John Sellers, Former DOJ Senior Trial Attorney
- Michael Koslow, Former DOD-OIG Supervisory Special Agent
- Gamal Abdel-Hafiz, Former FBI Supervisory Special Agent
- Ray Yuen, Former FBI Supervisory Special Agent
- Roger Back, Former DOJ-OIG Special Agent
If you or your company is being targeted for alleged cyber crimes against U.S. citizens, a U.S. business, or the U.S. government, you do not have time to waste. Contact us now to receive a free and confidential case assessment from a member of the Cyber crime and National Security Team at Oberheiden P.C.
Contact Oberheiden P.C.
To request a free case assessment from a member of our Cybercrime and National Security Team, call 214-692-2171 or tell us how we can reach you online. Our attorneys and former federal agents are available to speak with prospective clients 24/7.