Cyber Crime and National Security Compliance and Defense
Our attorneys represent clients in cyber crime and national security matters under the jurisdiction of the Central Intelligence Agency (CIA), Federal Bureau of Investigation (FBI), National Security Council (NSC), Department of Justice (DOJ), Department of State (DOS), and other federal authorities. If you have compliance questions or your company is under investigation, we can help.
Cyber crime and national security present unique risks and challenges for companies operating in the United States and around the world. Both are top law enforcement priorities among a host of federal agencies, and the federal government’s effort to combat cyber crime and thwart national security risks tend to be swift and severe.
At Oberheiden P.C., we represent companies facing compliance issues and federal law enforcement investigations in these areas, among others. With a team that includes former high-ranking federal prosecutors and federal agents, we are well-positioned to advise and represent clients that are at risk for substantial penalties due to criminal acts and non-compliance. Whether you are being accused of perpetrating or facilitating cyber crimes, you are being accused of engaging in foreign corruption, or you need to ensure that your business activities are not viewed as a risk to national security, we can make sure that your company and its personnel are not unnecessarily at risk.
Our Cyber Crime and National Security Team
Our Cyber Crime Laywers and National Security Team consists of career federal defense attorneys, former U.S. Department of Justice (DOJ) prosecutors and U.S. Attorneys, and former supervisory agents with multiple federal law enforcement agencies. The members of this team include:
Dr. Nick Oberheiden, Founder of Oberheiden P.C.
Over the course of a decade, Dr. Nick Oberheiden has built Oberheiden P.C. into one of the nation’s leading federal compliance and defense law firms. He has personally represented clients in more than 45 states in matters ranging from internal audits and compliance counseling to white-collar federal criminal trial defense. Meet Nick.
Amanda Marshall, Former U.S. Attorney
Amanda Marshall is the former U.S. Attorney for the District of Oregon. An Obama-era appointee, she served as the DOJ’s chief political and legal representative in the state. In private practice, Amanda represents clients in compliance, civil, and criminal matters involving cybersecurity, national security, and white-collar crimes. Meet Amanda.
John Sellers, Former DOJ Senior Trial Attorney
John Sellers is a former DOJ Senior Trial Attorney and former Acting Chief Investigative Counsel to the Special Inspector General for the Trouble Asset Relief Program (TARP). He has extensive experience on both sides of federal law enforcement investigations targeting cyber crimes, financial crimes, and related offenses. Meet John.
Michael Koslow, Former DOD-OIG Supervisory Special Agent
Michael Koslow is a former Supervisory Special Agent with the Department of Defense Office of Inspector General (DOD-OIG). He also served in the Air Force Office of Special Investigations (AFOSI) in Belgium and Germany. His experience includes investigating criminal organizations in Russia, Nigeria, and other countries; and, in private practice, he has worked with corporations across the United States. Meet Michael.
Gamal Abdel-Hafiz, Former FBI Supervisory Special Agent
Gamal Abdel-Hafiz is a former Supervisory Special Agent with the Federal Bureau of Investigation (FBI), where he held positions in Washington D.C. and Riyadh, Saudi Arabia. He has more than two decades of experience in the areas of cyber crime, national security, international terrorism, and other federal white-collar matters. Meet Gamal.
Ray Yuen, Former FBI Supervisory Special Agent
Ray Yuen is a former Supervisory Special Agent with the FBI. He has been handling federal law enforcement, risk management, and investigative matters for more than 20 years, with particular experience in the areas of organized crime, counterterrorism, and cross-border trafficking. Meet Ray.
Roger Back, Former DOJ-OIG Special Agent
Roger Bach is a former Special Agent with the DOJ-OIG who brings more than 30 years of experience to advising clients in the areas of cyber crime and national security. With Top Secret clearance, he was heavily involved in many highly-sensitive matters involving counterterrorism and counterintelligence during his extensive tenure with the DOJ-OIG. Meet Roger.
How We Protect and Serve Our Clients
Within the areas of cybercrime and national security, we serve clients in a broad range of compliance and law enforcement matters. This includes providing advice and representation for matters including:
Corruption and international bribery in particular are high on many federal agencies’ lists of law enforcement priorities. The DOJ considers foreign corruption to be a national security issue, and it has utilized the Foreign Corrupt Practices Act (FCPA) and other statutes to target U.S. companies with overseas operations and international business in connection with the government’s fight against terrorism and other threats to national security. We represent clients that are facing FCPA and statutory allegations of corruption and bribery in the U.S. and abroad.
CFIUS and FINSA (Exon-Florio) Compliance
In many cases, foreign investments in U.S. companies will be subject to review by the Committee on Foreign Investment in the United States (CFIUS). The Exon-Florio Amendment to the Defense Production Act authorizes CFIUS’s oversight of these transactions, and further amendments under the Foreign Investment and National Security Act of 2007 (FINSA) add to the complexity of companies’ compliance obligations. We assist clients in all aspects of Exon-Florio and FINSA compliance, from seeking CFIUS reviews to handing ancillary (i.e. securities, antitrust, and import/export control) matters.
Cryptocurrency Security Threats
The White House and the U.S. Department of the Treasury have both labeled cryptocurrency a potential national security threat as a result of its ability to be used for illicit purposes. While there is nothing inherently unlawful about utilizing Bitcoin and other cryptocurrencies to conduct cross-border transactions, companies that do so can expect to face enhanced scrutiny from federal authorities. Cryptocurrency issuers, coin exchanges, and other entities may be at risk as well.
Cybercrime has quickly risen through the ranks of the top federal law enforcement priorities over the past few years. Today, multiple federal agencies are aggressively targeting cybercriminals in the U.S. and abroad. This includes criminals who comment offenses such as:
- Banking and computer fraud
- Cyber attacks
- Economic espionage
- Identity theft
- Intellectual property (IP) theft
- Technology theft
Economic Sanctions and Embargoes
The Office of Foreign Assets Control (OFAC) imposes economic sanctions and embargoes on individuals, businesses, and foreign governments that have links to terrorism and other crimes. The U.S. Department of the Treasury and the U.S. Department of State have the authority to impose sanctions and embargoes as well. We defend clients that are facing economic sanctions, that are accused of violating sanctions and embargoes, that are accused of dealing with blocked and denied parties, and that are facing various other allegations from OFAC, the U.S. Department of the Treasury and the U.S. Department of State, and other agencies.
Fraud and Money Laundering
In today’s world, virtually all fraud and money laundering cases have cybercrime implications. This includes cases involving allegations of bank fraud, consumer fraud, insurance fraud, health care fraud, securities fraud, and other similar types of white-collar offenses. With our attorneys and former agents’ extensive experience investigating and prosecuting these cases, and with our particular experience in the area of cybercrime defense, we are able to provide strategic representation focused on protecting our clients against all possible allegations.
Import and Export Compliance
Importing and exporting operations can present national security threats, and certain types of imports and exports (i.e. technology transfers) can raise cybercrime concerns as well. We offer comprehensive compliance and defense representation for important and export control matters, including matters involving OFAC, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS), the U.S. Department of State, and Customs and Border Protection (CBP).
Malign Foreign Influence
In the wake of the recent (and very high-profile) allegations of foreign election interference, the DOJ has significantly enhanced its efforts to combat malign foreign influence. Cybercriminals that target the U.S. election infrastructure are at risk for aggressive prosecution and substantial aggregate penalties, and companies that facilitate (knowingly or unknowingly) foreign influence will be at risk as well.
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National Defense and Homeland Security
Domestic and cross-border transactions that raise national defense or homeland security concerns are, understandably, subject to intensive scrutiny by federal authorities. While weapons and arms contracts will almost certainly garner the attention of the FBI, DOD, DOJ, and U.S. Department of Homeland Security (DHS), technology contracts, energy contracts, joint ventures, and various other types of commercial dealings all pose potential “red flag” risks as well. We assist companies in dealing with these (and other) agencies both proactively and reactively in order to avoid sanctions and penalties.
National Security Compliance
There are many different facets of national security compliance, and different companies’ obligations can vary widely. From securing governmental approvals to executing cross-border transactions in compliance with federal rules, regulations, and safe harbors, we offer our clients comprehensive, full-service representation focused on avoiding unnecessary and unwanted federal scrutiny.
Contact Oberheiden P.C.’s Cybercrime and National Security Team
If you would like more information about our cybercrime and national security practice, please contact us to arrange an initial consultation. To speak with an attorney or former agent on our Cybercrime and National Security Team promptly, call 214-692-2171 or inquire online today.