Counter-Terrorism Investigation Defense

Experienced Defense Counsel for Counterterrorism Intelligence and Enforcement Matters in the United States and Abroad

Our lawyers represent individuals and organizations facing counter-terrorism investigations involving federal agencies and international law enforcement authorities. Allegations of international and domestic terrorism can pose substantial risks; and, when investigations lead to criminal charges, targets can face enormous fines and long-term imprisonment.

Attorney Nick OberheidenInternational Litigation Team Lead

The global intelligence community works relentlessly to uncover terrorist activities and thwart terrorist attacks in countries around the world. As a result of these efforts, counter-terrorism investigations are common, and these investigations can target a wide range of individuals and organizations.

In the United States, federal intelligence agencies work with local law enforcement authorities as well as their international counterparts to pursue investigations focused on terrorist targets and other parties suspected of aiding or facilitating terrorist activities. This includes targeting not only suspected terrorists, but also financial institutions in the private sector and other private sector entities suspected of providing direct or indirect support to terrorist groups in the US and abroad.

Counter-Terrorism Enforcement Matters We Handle

Our lawyers represent individuals and organizations that are facing counter-terrorism investigations throughout the United States and worldwide. This includes investigations involving domestic and foreign law enforcement agencies. We handle investigations involving task forces and other intelligence gathering organizations as well, and we also provide representation in cases involving INTERPOL notices and diffusions.

With this in mind, representative examples of the types of counter-terrorism enforcement matters we handle include those involving:

Joint Terrorism Task Forces

Joint Terrorism Task Forces (JTTFs) conduct counter-terrorism investigations across the United States. The first JTTF was established in New York in 1980; and, today, there are around 200 JTTFs operating nationwide.

Joint Terrorism Task Forces typically consist of personnel from the Federal Bureau of Investigation (FBI) along with state policing personnel and local first responders who have specialized training in national security. While local JTTFs exist to respond to threats and incidents at a moment’s notice, they also focus on gathering and analyzing data and other evidence that prosecutors can use to pursue charges at the state or federal level. By sharing information and resources, the authorities participating in local JTTFs can enhance their effectiveness and more effectively pursue their counter-terrorism-related law enforcement priorities.

National Counterterrorism Center (Formerly the Terrorist Threat Integration Center)

The National Counterterrorism Center (formerly known as the Terrorist Threat Integration Center) is housed within the United States’ Office of the Director of National Intelligence (DNI). The Terrorist Threat Integration Center was established in 2003 and absorbed into the newly created National Counterterrorism Center in 2004.

Today, the National Counterterrorism Center conducts operations in the United States and abroad, and it plays a leadership role in the federal government’s ongoing fight against terrorist threats against the US and its allies. While much of its work focuses on protecting critical infrastructure and thwarting attempts at mass destruction, the National Counterterrorism Center engages in information sharing with other counter-terrorism authorities to pursue investigations in a wide range of other circumstances as well.

US Department of Homeland Security (DHS)

The US Department of Homeland Security (DHS) plays an important role in the federal government’s ongoing efforts to respond to terrorism threats as well. DHS focuses on obtaining information both domestically and abroad that it can use to protect the American people. It has extensive data-gathering resources and technologies at its disposal; and, as a result, it has the ability to identify potential threats through a wide variety of means.

US Department of Justice (DOJ)

The US Department of Justice (DOJ) works with its domestic and foreign law enforcement partners to gather intelligence information on all types of terrorism-related concerns. It also has oversight of financial institutions and other parties that have the potential to facilitate terrorist activities, whether intentionally or inadvertently. Like its counterparts, the DOJ is increasingly relying on data analysis to execute its mission, and its access to extraordinary amounts of data has significantly expanded its investigative and prosecutorial capabilities.

International Law Enforcement Authorities

We handle counter-terrorism investigations involving international law enforcement authorities as well. Several foreign countries have established agencies or offices that are responsible for uncovering terrorist activities both domestically and abroad. The DOJ, DHS, DNI, and other US authorities routinely work with these international authorities to pursue cross-border investigations with the potential to lead to prosecution in the US or in other jurisdictions.

Key Information for Targets of Counter-Terrorism Investigations

For targets of counter-terrorism investigations, an informed and strategic defense is critical for avoiding unnecessary consequences. With this in mind, here is some key information for individuals and organizations that are under scrutiny and at risk of facing prosecution:

Counter-Terrorism Investigations Are Unique in Many Respects – Counter-terrorism investigations differ from conventional criminal cases in several important ways. Not only are the stakes almost always extremely high, but these investigations often involve multiple law enforcement agencies that share an aligned mission of fighting terrorism on a global scale.
The Presumption of Innocence Still Applies – While counter-terrorism investigations are unique in several respects, they share one critical similarity with other criminal enforcement matters: The presumption of innocence still applies. The presumption of innocence must be upheld in all counter-terrorism proceedings, and targets and defendants have the right to challenge the government’s case against them by all means available.
Counter-Terrorism Investigations and Threat Assessments Can Target a Wide Range of Allegations – Counter-terrorism investigations and threat assessments can involve the evaluation of the credibility of suspected threats as well as the capabilities of targeted individuals and organizations. However, regardless of credibility or capability, terrorism-related allegations can lead to serious criminal charges in the United States and in other countries around the world.
Defending Against a Counter-Terrorism Investigation Requires Experienced Counsel – Prosecutors often rely on inchoate offenses (i.e., conspiracy and attempt) to pursue terrorism-related charges. They often rely on classified evidence, and they leverage legal frameworks that seek to balance public safety needs with suspects’ constitutional protections. As a result, executing an effective defense requires experienced legal counsel who can challenge the legality of the government’s surveillance, evidence, and prosecutorial tactics.

FAQs: Defending Against Terrorism-Related Allegations in the United States and Other Countries

What sources of legal authority does the US government use to pursue counter-terrorism investigations?

Within the United States, the federal government relies on the USA PATRIOT Act (which was passed one month after 9/11); Executive Order 13354 (which was issued in 2004); and various other laws, regulations, and executive orders that grant substantial authority to the DOJ, DHS, DNI, and other agencies and departments. When conducting cross-border investigations, these agencies and departments rely on authority established by INTERPOL, the United Nations, and other international organizations that exist specifically to facilitate international law enforcement efforts.

Can the DOJ obtain evidence from foreign law enforcement authorities to pursue prosecution in the United States?

Yes, the DOJ can (and does) obtain evidence from foreign law enforcement authorities to pursue terrorism-related prosecutions in the United States. Likewise, foreign authorities can (and do) work with the DOJ to gather evidence in the United States that they can use to pursue terrorism-related charges overseas.

How do I implement an effective defense when facing a counter-terrorism investigation?

The first step toward implementing an effective defense when facing a counter-terrorism investigation is to engage highly experienced defense counsel. These are complex and high-risk investigations, so an informed and strategic response is critical. At Oberheiden P.C., our team of senior lawyers relies on extensive experience to provide effective representation in counter-terrorism enforcement matters. If you need experienced defense counsel, we can help, but it is important that you contact us right away.

When do I need to engage defense counsel for a counter-terrorism investigation?

If you are facing (or your institution or organization is facing) a counter-terrorism investigation, you should engage defense counsel immediately. By the time a target learns of a counter-terrorism investigation, the investigation is almost always well underway.

This is true for investigations initiated in the United States and abroad. Frequently, US and foreign authorities will collaborate during these investigations, and they will leverage their collective resources to pursue wide-ranging allegations—which in many cases span around the globe. As a result, executing an effective defense requires the ability to level the playing field and intervene effectively before it is too late.

What are the risks of facing a counter-terrorism investigation?

The risks of facing a counter-terrorism investigation depend on the circumstances involved, including the agency (or agencies) conducting the inquiry. Broadly, however, counter-terrorism investigations can pose risks for substantial fines and prison time, as well as immigration consequences, international sanctions, and other penalties.

Speak with a Counter-Terrorism Defense Lawyer at Oberheiden P.C.

If you need defense counsel for a counter-terrorism investigation anywhere in the world, we encourage you to contact us promptly. Call 888-680-1745 or contact us online to arrange a free and confidential consultation today.

Related Pages:

INTERPOL Defense

Federal Agency International Enforcement

Defense for US Citizens Abroad

Crisis Response & Family Resources