Detroit Corruption and Bribery Defense Lawyers - Federal Lawyer
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Detroit Corruption and Bribery Defense Lawyers

Why have thousands of clients chosen Oberheiden P.C.?

  1. Only Sr. Attorneys– We don’t employ paralegals, Jr. Attorneys, or Secretaries. You will work directly with a Sr. Attorney who will keep you apprised on a regular basis regarding the details of your case.
  2. We Know The Government’s Playbook– Many of our attorneys previously worked for the government as federal prosecutors. Understanding the tricks, goals, and strategies of the opposing side gives us an advantage as we prepare our defense.
  3. We Have Secret Weapons– Our team of Former FBI, IRS, DEA, OIG, and Secret Service agents will use their experience in espionage, business investigations, and cyber forensics to find the nuanced details that can sometimes be the difference between a win or jail time.
  4. Unrivaled Results– While we have many tools at our disposal, our greatest asset is our notable experience fighting the government. This experience has given us the privilege of winning over 2,000 cases on behalf of our clients.

I encourage you to compare our experience, results, and team with any local or national firm.

When you’ve been defending clients for as long as we have, there’s no trick we haven’t seen, likely no tactics we haven’t countered and no strategy we haven’t circumvented many times before.

If your reputation, livelihood, freedom, or career is at stake, call us today for a free consultation.

We will help you clearly understand what your options are and the best path forward.

Call now to confidentially discuss the details of your case: 313-462-7972

Dr. Nick Oberheiden

Experienced Defense Counsel for Private-Sector Clients and Government Officials Facing Corruption and Bribery Investigations in Detroit

Detroit address – by appointment only:
220 West Congress St. 2nd Floor
Detroit, MI 48226
313-462-7972
Dr. Nick Oberheiden
Attorney Nick OberheidenDetroit Corruption and Bribery Defense
Team Lead
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The Federal Bureau of Investigation (FBI) and U.S. Department of Justice (DOJ) are cracking down on corruption and bribery in Detroit. We have seen an uptick in these cases recently, with federal authorities targeting private-sector entities and individuals as well as government officials. If you or your business is being targeted, you need to mount a strategic defense, and it is important that you speak with a lawyer as soon as possible.

Our firm represents companies, executives and board members, and government officials facing corruption and bribery investigations in Detroit. We also represent clients that have received grand jury subpoenas and that are awaiting trial on federal charges. Our team of lawyers includes former DOJ trial attorneys, and we have former FBI Special Agents who previously handled corruption and bribery investigations on behalf of the federal government available to consult on our clients’ cases as well.

Corruption and Bribery Offenses Under Federal Law

We represent individuals and entities facing all types of corruption and bribery allegations under federal law. This includes, but is not limited to, allegations under the U.S. Criminal Code and the Foreign Corrupt Practices Act (FCPA). As discussed below, the federal corruption and bribery statutes carry significant penalties for all parties involved. Fortunately, it will be possible to build and execute an effective defense strategy in many cases.

Representative federal corruption and bribery matters we handle in Detroit include:

Foreign Corrupt Practices Act (FCPA) Violations

The FCPA is extraordinarily broad in scope, and it gives the DOJ the ability to prosecute U.S. companies doing business overseas, foreign companies doing business domestically, and domestic government officials who solicit or accept unlawful payments and gifts. It has two main operative provisions. Targets of FCPA investigations can potentially face prosecution for:

  • Anti-Bribery Violations (15 U.S.C. Sections 78dd-1, 78dd-2, and 78dd-3) – The statute’s anti-bribery provisions prohibit any offer, payment, or promise to pay money or anything of value in an attempt to influence any act or decision or a government official. Criminal penalties for violations include statutory fines and up to five years of federal imprisonment. Civil penalties include fines of up to $16,000 per violation.
  • Accounting and Recordkeeping Violations (15 U.S.C. Section 78m(b)) – The statute’s accounting and recordkeeping provisions require companies to maintain accurate books and records while adhering to appropriate internal controls. Criminal violations of these provisions carry statutory fines and up to 20 years of imprisonment. Civil penalties include fines of up to $150,000 for individuals and $725,000 for corporate entities.

Bribery or Reward of a Bank Officer (18 U.S.C. Section 215(a)(1))

Giving or offering to give something of value to a bank officer in connection with a business transaction and with the intent of influencing the bank officer is a federal offense under 18 U.S.C. Section 215(a)(1). A “bank officer” includes any employee, officer, director, or representative of a financial institution. Violations of 18 U.S.C. Section 215(a)(1) carry up to 30 years of federal imprisonment and a fine equal to $1 million or three times the value of the bribe (or attempted bribe), whichever is greater.

Offering or Paying a Bribe to a Public Official (18 U.S.C. Section 201(b)(1))

Offering or paying a bribe to a public official is a federal offense under 18 U.S.C. Section 201(b)(1). The statute defines a “public official” as any officer, employee, or agent of the United States or any department, agency, or branch of the federal government who is acting in an official capacity. Violations of 18 U.S.C. Section 201(b)(1) carry statutory fines and up to 15 years of imprisonment.

Receiving a Bribe or Illegal Gratuity By a Public Official (18 U.S.C. Sections 201(b)(2) and 201(c)(1)(B))

Public officials in Detroit can face federal prosecution if they corruptly demand, seek, receive, accept, or agree to receive or accept anything of value in exchange for taking an official act, aiding in government fraud, or violating their official duties. Government officials who violate 18 U.S.C. Section 201(b)(2) can also face statutory fines and up to 15 years of imprisonment.

As a separate offense, public officials can also face prosecution for soliciting or accepting illegal gratuities in violation of 18 U.S.C. Section 201(c)(1)(B). This offense carries statutory fines and up to two years behind bars.

Theft of Government Money or Property (18 U.S.C. Section 641)

Government officials charged with taking corrupt official action will often also face charges for theft of government money or property. Companies that use bribes to engage in procurement fraud and overbill under government contracts can face these charges as well. Under 18 U.S.C. Section 641, theft of government money or property in excess of $1,000 carries statutory fines and up to 10 years of federal imprisonment.

Conspiracy to Commit an Offense or Defraud the United States (18 U.S.C. Section 371)

Even in cases in which federal prosecutors cannot prove the actual offer, solicitation, payment, or acceptance of an illegal bribe or other corrupt act, they can often pursue conspiracy charges under 18 U.S.C. Section 371. If two or more persons conspire to commit a federal offense (i.e., conspire to influence an official act), “and one or more of such persons do any act to effect the object of the conspiracy,” each individual involved can face statutory fines and up to five years of incarceration.

Put our highly experienced team on your side

Dr. Nick Oberheiden
Dr. Nick Oberheiden

Founder

Attorney-at-Law

Lynette S. Byrd
Lynette S. Byrd

Former DOJ Trial Attorney

Partner

Brian J. Kuester
Brian J. Kuester

Former U.S. Attorney

Amanda Marshall
Amanda Marshall

Former U.S. Attorney

Local Counsel

Joe Brown
Joe Brown

Former U.S. Attorney

Local Counsel

John W. Sellers
John W. Sellers

Former Senior DOJ Trial Attorney

Linda Julin McNamara
Linda Julin McNamara

Federal Appeals Attorney

Aaron L. Wiley
Aaron L. Wiley

Former DOJ attorney

Local Counsel

Roger Bach
Roger Bach

Former Special Agent (DOJ)

Chris Quick
Chris J. Quick

Former Special Agent (FBI & IRS-CI)

Michael S. Koslow
Michael S. Koslow

Former Supervisory Special Agent (DOD-OIG)

Ray Yuen
Ray Yuen

Former Supervisory Special Agent (FBI)

What to Expect During a Federal Corruption or Bribery Investigation

If you or your business is under investigation in Detroit, it is important to know what to expect—and to prepare accordingly. Here is a brief overview of the process and what our federal defense lawyers and former FBI agents can do to help:

  • Execution of a Search Warrant – If federal agents have not executed a search warrant at your home or office already, this may be coming soon. You will want to be prepared, and it will be important for you to have defense counsel on standby.
  • Subpoenas and Other Requests for Information – Subpoenas, civil investigative demands (CIDs), and other requests for information require a careful and strategic response. Our team can assist with all aspects of your response, from challenging the issuing agency’s authority to preserving the attorney-client privilege.
  • Evaluation of Possible Defense Strategies – There are several potential defenses to corruption and bribery charges, with the specific defenses available in each case depending heavily on the circumstances involved. Our lawyers and former FBI agents will work closely with you to evaluate the potential defenses and build a cohesive strategy.
  • Communication with the FBI and DOJ – Resolving corruption and bribery investigations without charges requires the ability to communicate effectively with the FBI and DOJ. As former FBI Special Agents and DOJ prosecutors, we have relevant experience on both sides of high-stakes communications.
  • Targeting a Favorable Pre-Charge Outcome – Resolving corruption and bribery cases during the investigative stage avoids the publicity and risks of going to court. As your defense counsel, we will work diligently to resolve your case without charges being filed.

Our federal defense lawyers have had significant success securing favorable pre-charge outcomes for clients in federal corruption and bribery cases. But, of course, no outcome is guaranteed. If the circumstances of your case are such that avoiding empanelment of a grand jury or an indictment is not an option, our lawyers will rely on their extensive federal litigation experience to protect your legal and financial interests in court.

FAQs: Defending Against Federal Corruption and Bribery Allegations

What Should I Do if I Am Under Investigation for Corruption or Bribery in Detroit?

 

If you are under investigation for corruption or bribery in Detroit, you should engage federal defense counsel immediately. These allegations can lead to substantial penalties, but there are a variety of defenses available.

Is Public Corruption a Federal Crime?

 

Public corruption is a federal crime in many cases. If you are being accused of knowingly or intentionally offering, paying, soliciting, or accepting prohibited compensation (in cash or in kind), you could be facing substantial fines and years of federal incarceration.

What are the Penalties for FCPA Violations?

 

The penalties for FCPA violations depend on (i) whether the allegations involve anti-bribery or accounting and record keeping violations, and (ii) whether prosecutors are pursuing civil or criminal charges. Civil FCPA charges carry fines imposed on a per-violation basis, while criminal FCPA charges carry statutory fines and prison time.

Is an Actual Payment Necessary to Prove Corruption?

 

No, an actual payment is not necessary to prove corruption. Prosecutors can pursue charges against individuals and entities that offer, demand, seek, solicit, and agree to accept unlawful bribes. Additionally, even if prosecutors cannot prove a formal demand or solicitation, they may still be able to pursue charges for conspiracy to commit bribery.


Speak with a Federal Corruption and Bribery Defense Lawyer in Detroit

If you need to speak with a federal defense lawyer about a corruption or bribery investigation in Detroit, we encourage you to contact Oberheiden P.C. Please call 313-462-7972 or tell us how you would like to be reached online to arrange a complimentary initial consultation today.

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