International Criminal Defense Lawyers

Federal Criminal Defense for Investigations and Charges That Cross Borders

Oberheiden P.C. is a federal defense firm that represents individuals and companies in criminal matters involving conduct, evidence, or parties outside of the United States. Federal prosecutors bring cases that reach across borders on a routine basis, and they do so using extraterritorial statutes, treaty-based evidence requests, and cooperation agreements with foreign law enforcement. Our International criminal defense lawyers defend clients in these matters at every stage, from the first indication of a foreign investigation through trial and appeal.

An international component changes the defense of a federal case in practical ways. Evidence arrives through mutual legal assistance treaty (MLAT) channels rather than a standard grand jury subpoena. Investigations run for years while the government gathers records abroad. Travel becomes risky before charges are ever filed. Our federal criminal defense team accounts for each of these issues from the outset, and we will work to resolve the matter as early as the facts allow.

About Our International Criminal Defense Practice

Attorney Nick OberheidenInternational Litigation Team Lead

Our practice covers the full range of federal criminal matters with a cross-border element. This includes investigations conducted by the U.S. Department of Justice (DOJ), the Federal Bureau of Investigation (FBI), Homeland Security Investigations (HSI), the Drug Enforcement Administration (DEA), the Internal Revenue Service Criminal Investigation Division (IRS-CI), and the Office of Foreign Assets Control (OFAC), as well as parallel proceedings brought by foreign authorities.

Several of our lawyers are former federal prosecutors and former federal agents. That background is directly relevant here, because much of the work in an international case happens before an indictment is returned, during the period when the government is deciding whom to charge and what evidence it can lawfully obtain from abroad. We use that experience to engage with prosecutors early, to test the strength of the government’s evidence, and to seek a resolution before charges are filed whenever the circumstances permit.

Our firm maintains fully equipped offices in Dallas and Houston, and we represent clients nationwide. When a matter requires representation under the law of another country, we work with independent local counsel in that jurisdiction.

Federal Charges and Investigations We Handle

We defend clients against federal allegations including (but not limited to):

Foreign Corrupt Practices Act (FCPA) violations, including allegations involving foreign officials, third-party agents, and books-and-records provisions. See our dedicated FCPA practice page.
Sanctions violations under the International Emergency Economic Powers Act (IEEPA) and OFAC-administered programs. See our OFAC compliance page.
Export control violations under the Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR). See our import/export compliance page.
International money laundering under 18 U.S.C. § 1956, including transactions routed through foreign financial institutions and allegations involving cryptocurrency.
Transnational wire fraud and securities fraud, where the government asserts jurisdiction based on the use of U.S. wires, U.S. correspondent accounts, or U.S. investors.
Maritime drug trafficking under the Maritime Drug Law Enforcement Act (MDLEA), including cases arising from interdictions in international waters.
Customs and import fraud, including allegations of undervaluation, misclassification, and transshipment to evade duties.
Human smuggling, trafficking, and immigration offenses with a foreign nexus.
Sanctions and terrorism financing allegations, which frequently overlap with our national security practice.
Cybercrime and computer intrusion offenses involving foreign infrastructure or foreign co-defendants.

Extradition, INTERPOL Red Notices, and Foreign Legal Process

Extradition

Extradition to or from the United States proceeds under a treaty between the two countries involved, and it is governed on the U.S. side by 18 U.S.C. § 3184 and related provisions. Extradition proceedings are not a trial on the merits, but they do involve identifiable defenses, including challenges to dual criminality, to the sufficiency of the requesting country’s showing, to the political offense exception, and to the treaty’s application. Our lawyers represent clients in extradition matters and in the negotiations with the DOJ Office of International Affairs (OIA) that often run alongside them. We will examine the request, the treaty, and the underlying allegations, and we will pursue every defense the circumstances support.

INTERPOL Red Notices

According to INTERPOL, a Red Notice is a request to law enforcement worldwide to locate and provisionally arrest a person pending extradition or similar action. It is not an international arrest warrant, and it does not by itself compel any country to act. A Red Notice can still restrict travel, freeze banking relationships, and cause detention at a border. INTERPOL’s Commission for the Control of INTERPOL’s Files (CCF) reviews requests to correct or delete data held in its systems, and we represent clients in preparing and submitting those requests.

MLAT Requests and Foreign Evidence

When federal prosecutors need records or testimony located abroad, they typically proceed through an MLAT or a letter rogatory. These requests matter to the defense for two reasons. First, they signal the scope and direction of the investigation. Second, under 18 U.S.C. § 3292, the government may seek to suspend the statute of limitations while an official request for foreign evidence is pending, which can extend exposure well beyond the ordinary limitations period. Our lawyers monitor for these filings and will challenge them where the record supports a challenge. We handle the related domestic process as well, including grand jury subpoenas served on companies with foreign operations.

Representing Foreign Nationals and Foreign Companies in U.S. Federal Court

Foreign nationals and foreign entities face a distinct set of issues in the U.S. federal system. Pretrial detention is more likely where the court views a defendant as a flight risk. Consular notification rights under the Vienna Convention on Consular Relations are frequently overlooked. A conviction, and in some cases a plea to a lesser offense, can carry immigration consequences that outlast the sentence itself. Asset restraint and forfeiture proceedings can reach property held outside the United States.

We represent foreign individuals and foreign companies in these matters, and we coordinate with immigration counsel and with local counsel abroad where a client’s exposure extends into other jurisdictions. Where a client also faces civil claims arising from the same conduct, our international litigation team can handle those proceedings in parallel.

Why Clients Facing Cross-Border Federal Matters Come to Oberheiden P.C.

Former Federal Prosecutors and Agents – Several of our lawyers previously served as federal prosecutors, and several of our senior consultants are former federal agents. We use that experience to assess how the government is likely to build and evaluate a cross-border case.
Focus on Pre-Charge Resolution – International investigations are often long. That length creates opportunity. We engage with prosecutors during the investigative phase and will seek a favorable pre-indictment resolution whenever it is available.
In-Depth Experience with Extraterritorial Statutes – We have in-depth experience with the statutes prosecutors rely on to reach conduct abroad, including the FCPA, IEEPA, and the federal money laundering and fraud statutes, and we will scrutinize the jurisdictional basis of any charge.
Coordination Across Jurisdictions – Cross-border matters rarely stay in one forum. We work with independent local counsel in other countries so that decisions made in the U.S. case account for a client’s exposure elsewhere.
Senior-Level Representation – Our team is composed of senior lawyers, and clients work directly with them.

FAQs: International Criminal Investigations and Charges

Can the U.S. government charge me for conduct that occurred entirely outside of the United States?

In some circumstances, yes. Several federal statutes apply extraterritorially, and prosecutors also assert jurisdiction based on limited U.S. contacts such as the use of U.S. wires, a U.S. correspondent bank account, or a U.S. co-conspirator. Whether the government can establish jurisdiction is a fact-specific question, and it is one of the first issues our International criminal defense lawyers examine.

How do I know if I am under investigation in a cross-border case?

The signals include a grand jury subpoena served on your company or your bank, a target letter, contact from a foreign regulator, an unexplained account freeze, or questioning at a U.S. port of entry. Any of these warrants prompt attention. If you have received one, we encourage you to speak with defense counsel before responding.

What is the difference between a Red Notice and an arrest warrant?

An arrest warrant is issued by a court and authorizes arrest within that court’s jurisdiction. A Red Notice, according to INTERPOL, is a request circulated to member countries asking them to locate and provisionally arrest a person. Each country decides for itself what action to take. A Red Notice can nonetheless disrupt travel and banking, which is why many clients seek to challenge one through the CCF.

Should I travel while I am under investigation abroad?

Discuss travel plans with your lawyer before booking. Depending on the jurisdictions involved and whether any notice or provisional arrest request exists, travel can create risk of detention. Our lawyers will assess the specific risk in your situation and advise accordingly.

Can a federal case be resolved before charges are filed?

Sometimes. Prosecutors do decline cases, and they do resolve matters through non-prosecution and deferred prosecution agreements, particularly in corporate matters. Whether that outcome is realistic depends on the evidence, the conduct alleged, and the timing of the defense presentation. We will pursue a pre-charge resolution where the facts support it.

Why should I choose Oberheiden P.C. for an international criminal matter?

Our lawyers have experience on both sides of federal criminal matters, including matters that reach across borders, and our practice focuses on high-stakes federal investigations and charges. We will assess your situation, explain the process, and build a defense strategy suited to the jurisdictions involved.

Contact the International Criminal Defense Lawyers at Oberheiden P.C.

If you are facing a federal investigation, an extradition request, or an INTERPOL Red Notice, we invite you to get in touch. Call 888-680-1745 or contact us online to schedule a complimentary consultation today.

Related Pages:

INTERPOL Defense

Federal Agency International Enforcement

Defense for US Citizens Abroad

Crisis Response & Family Resources