International White Collar Defense for US Citizens

International Defense Law Firm Representing US Citizens in Government Enforcement Actions Worldwide

Our lawyers defend US citizens and corporate clients in white collar criminal investigations and government enforcement actions worldwide. We handle matters involving exposure to civil and criminal penalties, and we handle government investigations and enforcement proceedings involving authorities in the US and abroad.

Attorney Nick OberheidenInternational Litigation Team Lead

Oberheiden P.C.’s white collar defense team has extensive experience representing US citizens and businesses in international enforcement matters. This includes representing clients in matters involving US and foreign authorities, and it includes providing successful representation for criminal, civil, and regulatory investigations. White collar defense is almost always extremely high-stakes. Our senior lawyers have the experience and insights required to handle these matters effectively regardless of where they arise.

Within our white collar criminal defense and investigations practice, we handle high-stakes matters worldwide. We handle matters involving the US Department of Justice (DOJ), U.S. Securities and Exchange Commission (SEC), and other federal authorities as well as their foreign counterparts. While much of our international white collar defense practice involves representing clients who are under investigation (and helping to resolve their investigations without charges being filed), we also provide defense representation in court when necessary.

International Matters We Handle

Our international white collar defense practice encompasses all types of enforcement actions targeting corporate executives, corporate entities, and other individuals and businesses. While this includes defending clients against general allegations such as mail fraud, wire fraud, and money laundering, it also includes providing representation in matters involving:

Bank Secrecy Act (BSA) and Foreign Account Tax Compliance Act (FATCA)

We provide legal representation for clients facing allegations of bank fraud, financial fraud, and other financial crimes under the Bank Secrecy Act (BSA) and Foreign Account Tax Compliance Act (FATCA). We defend financial institutions and other corporate clients in these matters as well. Our lawyers also provide representation for investigations and prosecutions under comparable statutes in other jurisdictions.

Foreign Corrupt Practices Act (FCPA)

We also provide legal representation for clients facing scrutiny under the Foreign Corrupt Practices Act (FCPA) and its foreign counterparts. The FCPA prohibits US citizens and businesses from bribing (or attempting to bribe) foreign government officials or engaging (or attempting to engage in) any other form of cross-border corruption involving public officials.

Foreign Extortion Prevention Act (FEPA)

The Foreign Extortion Prevention Act (FEPA) prohibits foreign public officials from soliciting or accepting bribes from US citizens and businesses. In other words, it covers the “demand side” of international government corruption. When the DOJ and other US investigative agencies target foreign government officials under FEPA, they will often target US citizens and businesses under the FCPA as well.

Commodities and Securities Fraud

The enforcement landscape involving commodities and securities fraud is continuing to evolve as digital currencies, prediction markets, and other innovations present both novel opportunities and novel risks. These cases require sophisticated counsel, and targeted individuals and businesses must be prepared to execute comprehensive and custom-tailored defenses based on the specific allegations at issue. From corporate misconduct and allegations of fraud against accounting firms to allegations of insider trading and market manipulation, our investigations team handles all types of commodities and securities fraud around the globe.

Corporate Crime Investigations

We also handle domestic and foreign government inquiries involving allegations of all forms of corporate crime. Corporate investigations can target an extremely wide range of allegations, from government contract fraud under the False Claims Act to cross-border relationships that represent threats to national security. Our lawyers handle global investigations involving all types of allegations against corporate entities. We handle securities litigation and other types of corporate enforcement actions in the US and abroad as well.

About Oberheiden P.C.

Oberheiden P.C. is a US-based white collar defense law firm that represents clients worldwide. Our senior lawyers have extensive experience representing clients in high-stakes civil, criminal, and regulatory enforcement matters, and we have an extensive record of success both during investigations and at trial.

1. We Are a Team of Former Federal Prosecutors

Our team includes former United States Attorneys, Assistant United States Attorneys, and prosecutors in the DOJ’s white collar crime litigation department. As a result, we have extensive experience on both sides of sensitive investigations targeting US citizens and businesses around the globe. From Anti-Kickback Statute and False Claims Act defense to defending against allegations of tax evasion and other white collar crimes, we rely on this experience in all matters we handle.

2. Our Network Includes Former Senior Members of Several Federal Law Enforcement Agencies

We also have a network of former senior personnel at the Federal Bureau of Investigation (FBI) and other federal law enforcement agencies. These individuals have extensive experience in all aspects of international investigations and litigation. White collar cases can pose a wide range of risks, and knowing what to expect during the government’s investigation can be critical for avoiding unnecessary consequences. This is true whether you are facing prosecution from a US Attorney’s Office or a foreign law enforcement authority.

3. We Have Deep and Expansive Experience in International Investigations

From defense contracting to the healthcare industry, we have deep and expansive experience representing a wide range of clients in international investigations. We handle internal investigations and provide crisis management services as well. Oftentimes, favorably resolving international investigations will require extensive negotiations, and our lawyers can work with you or your company’s in-house counsel throughout the process so that you can feel confident deciding when (and if) to settle.

4. We Have a Proven Record of Success at Trial

While we seek to favorably resolve our clients’ international white collar cases at the investigative stage whenever possible, we also provide trial representation when necessary. All of our senior attorneys are capable of serving as lead counsel in complex and high-stakes white collar enforcement matters.

5. Our Team Includes Attorneys Licensed to Practice Before the US Supreme Court

When necessary, our firm also provides representation on appeal. Our team includes attorneys who are licensed to practice before appellate courts across the United States, including the US Supreme Court in Washington DC. While our goal in every case is to secure a favorable result without the need for trial or appellate litigation, we also ensure that we preserve grounds for appeal as warranted.

FAQs: White Collar Defense and Investigations Targeting US Citizens

Which agencies in the US conduct international financial fraud and securities fraud investigations?

The DOJ investigates financial fraud and other cases on behalf of multiple agencies (i.e., CFTC, DOD, and IRS). The SEC also conducts civil enforcement investigations targeting financial fraud, securities fraud, and related white collar offenses. The DOJ and SEC often collaborate on these types of enforcement actions; and, in many cases, they collaborate with their foreign counterparts as well. The DOJ and SEC now use advanced data analytics to detect fraud; and, as a result, international fraud investigations are becoming increasingly common.

When should I consider voluntary self-disclosure in an international white collar case?

While the DOJ has a voluntary self-disclosure policy for corporate misconduct (and the IRS and various other agencies have self-disclosure policies as well), making a voluntary self-disclosure can be risky. Although the DOJ grants declination for self-disclosure in some healthcare fraud, financial fraud, securities fraud, and other white collar cases, there are no guarantees. The DOJ does not have to accept a self-disclosure; and, if you provide incriminating information to the DOJ voluntarily, there is a risk that this could lead to serious white collar criminal charges.

Can corporate entities and insiders face white collar charges for failing to adhere to effective compliance programs?

Yes, corporate entities and insiders can (and do) face white collar charges for all types of compliance failures. If you are concerned about the potential legal implications of a corporate compliance failure, we strongly recommend speaking with an experienced white collar defense lawyer promptly.

When should I engage defense counsel for an international white collar investigation?

We strongly recommend engaging defense counsel as soon as you find out that you are the subject or target of an international white collar investigation. This is a high-stakes matter, and you do not have time to waste. The sooner you engage experienced defense counsel to represent you, the more your defense counsel will be able to do to help steer the investigation toward a favorable resolution.

Should I engage a US law firm if I am a US citizen facing a white collar investigation abroad?

Yes, if you are facing a white collar investigation abroad as a US citizen, you should engage a US law firm to represent you. You should choose a firm that has specific experience handling cross-border law enforcement matters. Your US law firm will be able to engage local counsel if necessary, and your US law firm will be able to assist with extradition and enforcement matters in the United States as well.

Contact the International White Collar Defense Lawyers at Oberheiden P.C.

To arrange a call with a senior member of our international white collar defense team, contact us today. Call 888-680-1745 or contact us online to speak with one of our senior attorneys in strict confidence as soon as possible.

Related Pages:

INTERPOL Defense

Federal Agency International Enforcement

Defense for US Citizens Abroad

Crisis Response & Family Resources