White Collar Crime Attorneys
Nationwide representation from a boutique white collar criminal defense law firm that will fight aggressively to defend your rights.
As a healthcare provider, business owner, executive, or other professional – facing a federal inquiry in your business or personal life can have consequences of catastrophic proportions. If federal agents and prosecutors uncover sufficient evidence to charge you with a white collar criminal offense, you could be facing exorbitant fines and long-term imprisonment. If you get convicted, protecting your professional reputation will be among the least of your concerns.
At Oberheiden, P.C., our attorneys bring decades of experience to representing individuals and businesses in white collar investigations and prosecutions. In fact, our white collar crime attorneys offer more than 50 years of combined experience in leadership positions with the U.S. Department of Justice (DOJ) – positions in which our attorneys collectively handled and were directly involved in thousands of cases involving investigations, grand jury subpoenas, and criminal prosecutions for white collar offenses. As a result, we are able to assess federal white collar criminal cases from all angles. We use our substantial government experience to develop comprehensive case strategies focused on presenting the strongest possible defense, with our federal criminal legal team, in light of the unique facts and circumstances at hand.
Why have thousands of clients chosen Oberheiden P.C.?
- 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.
- 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.
- We Have Secret Weapons– Our team of Former FBI, IRS, DEA, OIG, and Secret Service agents will use their decades of 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.
- Unrivaled Results– While we have many tools at our disposal, our greatest asset is our decades of 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, 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: 888-680-1745
Dr. Nick Oberheiden
Experienced Representation. Proven Results.
Our firm’s white collar defense team is led by Dr. Nick Oberheiden. Dr. Oberheiden focuses his practice in the areas of federal criminal defense and white collar defense.
In every case, our goal is to protect our client’s interests as thoroughly and quickly as possible. When our clients engage us during the course of their investigations, our goal is to close the investigation without civil or criminal charges. When charges are unavoidable or have already been filed, our goal is to resolve our clients’ cases without further civil or criminal liability.
“Throughout our work together, Oberheiden, P.C. [has] served as an invaluable source of practical guidance and legal leadership. We would recommend them highly and without reservation to anyone. Simply the best.” – Firm Client
White Collar Criminal Cases We Handle
At Oberheiden, P.C., our white collar crime attorneys represent individual and corporate clients nationwide in all types of federal white collar investigations and prosecutions. Our white collar crime lawyers have particular experience representing physicians, other professionals, executives, board members, company owners, and business entities in a variety of cases, including the following.
Several federal laws establish anti-money laundering (AML) rules and requirements for financial institutions, investment firms, and other entities. Violations of these laws – including the Bank Secrecy Act, Money Laundering Control Act, and Money Laundering Suppression Act – can lead to DOJ prosecution and criminal penalties.
These laws allow federal prosecutors to pursue charges for a broad range of anti-money laundering offenses. In many cases, prosecutors can pursue charges on a per-violation basis, meaning that those targeted in AML investigations can face numerous counts. We handle cases involving all types of alleged AML violations, including failure to comply with know your customer (KYC) requirements, failure to comply with Suspicious Activity Report (SAR) requirements, and engaging in financial transactions with specially designated nationals (SDNs).
Federal antitrust laws are designed to promote open competition and prevent monopolies that disadvantage consumers. While antitrust violations are often civil in nature, certain violations can lead to criminal prosecution of companies, company executives, and others.
We defend entities and individuals that are facing investigation or prosecution for all types of antitrust crimes. This includes, but is not limited to: participating in conspiracies or entering into contracts that cause an unreasonable restraint on trade; regional and national price fixing; bid rigging and other forms of procurement fraud; customer and territory allocation agreements; monopolistic commercial activities; and, anti-competitive mergers and acquisitions.
Bank and Check Fraud
Federal law defines the crime of bank fraud as knowingly executing, or attempting to execute, a scheme or artifice to defraud a financial institution, or to obtain any of the moneys, funds, credits, assets, securities, or other property owned by, or under the custody or control of, a financial institution, by means of false or fraudulent pretenses, representations, or promises. Examples of acts commonly prosecuted as bank fraud include forging signatures on financial instruments, altering checks, check kiting, and using identity theft to obtain a loan or credit. Under 18 U.S.C. Section 1344, bank fraud carries potential penalties of up to a $1 million fine and 30 years of federal incarceration for each individual offense.
Computer and Intellectual Property Crimes
Federal authorities such as the DOJ have been devoting substantial resources to fighting computer and intellectual property crimes in recent years. This includes virtually all forms of fraud perpetrated via the Internet, as well as identity theft, theft of cryptocurrency and other digital assets, and copyright and trade secret misappropriation.
With new tools at their disposal, federal authorities are now well-equipped to investigate and prosecute most types of computer and intellectual property crimes. As a result, avoiding an indictment or sentencing requires in-depth knowledge of the relevant legal and technological issues and a highly strategic approach.
Embezzlement is a white collar offense defined by the act of obtaining funds from a federally-insured financial institution through improper means, including through the misapplication of bank funds. In order to establish culpability for embezzlement under 18 U.S.C. Sections 656 and 657, federal prosecutors must be able to prove that you, as an officer or employee of an FDIC-insured bank, (i) knowingly and willfully embezzled or misapplied funds, and (ii) did so with the intent to injure and defraud the bank. If you have been accused of this crime, contact our white collar crime lawyer today to defend you.
Environmental Violations and Compliance
Environmental violations can lead to steep penalties under federal law. Statutes such as the Clean Air Act, Clean Water Act, Toxic Substances Control Act, and Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund) impose stringent requirements, and the U.S. Environmental Protection Agency (EPA) strictly enforces these requirements throughout the United States.
Through its Criminal Enforcement Division, the EPA works with the DOJ to pursue criminal charges against violators when warranted. While companies that have (and follow) comprehensive environmental compliance programs will often be able to avoid criminal prosecution due to EPA investigations, those that do not can face substantial risks. In many cases, their owners, executives, and employees can face the risk of criminal prosecution as well.
Criminal matters involving the International Traffic in Arms Regulations (ITAR) and federal export/import laws can present significant risks for companies, their owners and their executives. Companies must undertake substantial efforts to comply with ITAR and all other pertinent sources of federal authority, as investigations involving U.S. Customs and Border Protection (CBP), the Federal Bureau of Investigation (FBI), and other authorities can lead to swift and vigorous prosecution.
We defend companies and individuals involved in all industries in federal export/import matters. With offices near the Gulf, Atlantic, and Pacific Coasts, we have a nationwide presence and are able to handle complex federal export/import matters across the country.
Forgery is the act of falsifying a document with the intent to defraud an individual, financial institution, the federal government, or a private corporation. This includes not only the forgery of signatures on checks and other financial instruments, but the falsification or alteration of any other information on a legal document or financial instrument as well. Under 18 U.S.C. Sections 470 through 514, federal forgery is punishable by substantial fines and up to 20 years of federal imprisonment.
Healthcare Fraud (including Medicare Fraud)
Healthcare fraud includes using a variety of improper means to obtain funds from private insurance companies or from federal healthcare benefit programs such as Medicare, Medicaid, and Tricare. Federal authorities use numerous different statutes to investigate and prosecute providers suspected of healthcare fraud, including the False Claims Act, the Anti-Kickback Statute, and the Stark Law. At Oberheiden, P.C., a significant portion of our practice is devoted to representing providers, executives, and shareholders in healthcare fraud matters. Many of our white collar criminal defense lawyers have prior experience within the DOJ focused specifically on healthcare fraud enforcement.
Mail and Wire Fraud
Mail and wire fraud are related federal crimes that are commonly charged in conjunction with other white collar offenses. Both offenses are punishable by up to 20 years of imprisonment and fines of $250,000 (for individuals) or $500,000 (for business entities), with these penalties applying to each individual instance of fraud. Under 18 U.S.C. Sections 1341 and 1343, using the U.S. Postal Service, the internet, a cell phone, or any other form of electronic communication in the commission (or attempted commission) of a white collar criminal offense is sufficient to establish culpability for mail or wire fraud. As a result, federal prosecutors will almost always bring charges under these statutes when prosecuting individuals and organizations for other white collar offenses. If you were accused of this fraud, speak with our white collar crime attorney.
Money laundering is the act of using one or more financial transactions to obscure the source or destination of illegally-obtained funds. Similar to mail fraud and wire fraud, federal prosecutors will often investigate and file money laundering charges along with charges for other substantive white collar offenses.
Mortgage fraud involves supplying false information or fraudulent records in order to secure a loan for the purchase of real property. Federal prosecutors have identified several forms of mortgage fraud that will often lead to charges with the potential for severe, life-changing penalties.
(i) income fraud (overstating income or “borrowing” money from a third-party in order to appear financially-stable),
(ii) appraisal fraud (intentionally overstating or understating the value of a piece of real property), and
(iii) fraudulent disclosure (misstating debts or liabilities, misrepresenting employment status, and falsification of other loan application information).
Securities fraud is a broad term that encompasses a wide range of violations of Securities and Exchange Commission (SEC) regulations and federal securities laws. Most often, securities fraud investigations focus on brokers, advisors, and financial firms suspected of defrauding investors. This fraud can be accomplished through practices such as selling unregistered investment products, account churning, providing unsuitable investment advice, and misappropriating portfolio assets. Securities fraud allegations may also focus on disclosure violations (and may trigger disclosure obligations). Individuals and entities accused of securities fraud must act quickly and decisively in order to mitigate the consequences of their federal investigations.
Tax evasion is a federal white collar offense under 26 U.S.C. Section 7201 that can result in hundreds of thousands of dollars in fines (in addition liability for back taxes and associated penalties) and up to five years of federal incarceration for each prosecutable offense. Federal prosecutors routinely pursue tax evasion charges against both individuals and corporate entities as well as tax preparers. Defending against such charges starts with gaining a clear understanding of the basis for the government’s investigation.
U.S. False Claims Act
The U.S. False Claims Act (FCA) imposes criminal penalties for intentionally submitting false and fraudulent claims for payment to federal government entities. This includes false and fraudulent claims under government contracts, grant programs, and benefit programs such as Medicare and Medicaid.
The FCA also imposes civil penalties for unintentional violations; and, in some cases, defending against a criminal case under the U.S. False Claims Act will involve challenging the government’s evidence of intent. However, there are many complete defenses to alleged FCA violations as well, and we have helped many clients avoid both civil and criminal liability.
U.S. Foreign Corrupt Practices Act and U.K. Bribery Act
The U.S. Foreign Corrupt Practices Act (FCPA) establishes criminal penalties for violations of its anti-bribery and recordkeeping provisions. It applies to U.S. companies doing business overseas and foreign companies doing business in the United States, and focuses principally (though not exclusively) on illicit offers and transactions involving public officials.
The FCPA’s counterpart in the United Kingdom, the U.K. Bribery Act (UKBA), also presents risk for U.S. companies doing business abroad. Criminal prosecution under either statute can lead to fines and prison time; and, although both statutes contain broad prohibitions, there are many potential defenses to alleged FCPA and UKBA violations as well.
Contact the white collar criminal defense attorney at Oberheiden, P.C. online today.
FAQs: Federal White Collar Criminal Defense
Q: If my company is being investigated for illegal activity, can I be personally charged with a white collar crime?
Potentially, yes. In corporate white collar investigations, investigators and prosecutors will closely scrutinize the company’s key personnel and stakeholders as well. Corporate entities do not commit crimes on their own – it takes human action of one form or another in order to commit tax evasion, Medicare fraud, or other white collar offense. Typically, prosecutors will seek to bring charges against the company as well as any executives, professionals, board members, shareholders, or other individuals who were involved in the criminal enterprise or activity.
Q: Are white collar crimes felony offenses?
Generally speaking, yes. “White collar crime” is an umbrella term for criminal offenses that are predominantly financial in nature, and federal law imposes severe penalties for each of the specific offenses listed above. These offenses can all be classified as felonies, and they all carry fines and prison sentences that can have life-changing consequences.
Q: Is it possible to face criminal penalties as a result of a civil investigation?
Yes. Many federal investigations start out civil in nature. Several white collar offenses, including various forms of healthcare fraud and securities fraud, carry the potential for both civil and criminal penalties. However, the government cannot pursue both – it must choose one or the other – and oftentimes federal agents and prosecutors will pursue civil investigations until they uncover sufficient evidence to transition to a criminal prosecution.
In these cases, our first priority is to keep the investigation civil in nature. If your investigation is civil, this means that the DOJ is not pursuing incarceration as a form of punishment. It also means that the scope of the allegations against you is limited. However, due to the potential for a civil investigation to become criminal, it is essential for anyone facing a civil investigation to seek the representation of a law firm with substantial experience in federal criminal defense.
Q: Can a whistleblower claim, or a patient or client complaint, lead to federal charges?
Yes. Federal authorities take public complaints of fraud targeting citizens and the government extremely seriously. The DOJ and OIG have an obligation to investigate whistleblower claims that appear to be substantiated. Agencies such as the SEC and the Centers for Medicare and Medicaid Services (CMS) also have hotlines where citizens can report suspected instances of fraud and abuse. As a result, it is not unusual for federal investigations to be launched out of consumer-level complaints (or retributive action by disgruntled former employees), and in many cases individuals and businesses can face both private civil action and federal white collar criminal prosecution.
We serve clients nationwide, but offer the following pages for more information.
Q: How can I protect myself (and my company) during a federal white collar investigation?
If you have been contacted by federal agents or prosecutors from the DOJ, SEC Federal Bureau of Investigation (FBI), Office of Inspector General (OIG), or a collaborative law enforcement effort such as the Medicare Fraud Strike Force, there are several steps you should take immediately. These include:
- Seek immediate legal representation
- Refuse to provide any information unless advised to do so by your legal counsel
- Instruct your employees to only respond to requests for information as specifically directed
- Assess whether any internal remedial action may be necessary
- Execute a coordinated defense strategy designed to resolve the investigation as quickly and favorably as possible
Q: I just received a grand jury subpoena. What should I do?
The grand jury subpoena is one of the federal government’s most powerful tools for compelling the disclosure of information during white collar criminal investigations. However, the grand jury subpoena power is not absolute, and there are limits on both (i) the justifications for compelling disclosure, and (ii) the volume of disclosure that can be compelled.
If you have received a grand jury subpoena, you need to respond. Ignoring the subpoena could lead to severe consequences – including charges of federal contempt. But, whether your response should be to provide all of the requested information or to challenge the subpoena (either in whole or in part) is a decision to be made with the advice of an experienced white collar criminal defense lawyer.
Q: If I have been contacted by federal agents but haven’t received a subpoena, is this considered a federal “investigation”?
Most likely, yes. Federal agents use a variety of tactics to solicit information from the targets of white collar investigations, and this includes attempting to minimize the apparent severity of the situation. For example, it is a common tactic to schedule “interviews” without informing the target of the reason for the inquiry (and without explaining that compliance is not legally required). As a result, if you have been contacted by any federal agency that is involved in the prosecution of white collar offenses, you need to take your situation extremely seriously, and your first step should be to seek experienced legal representation.
Q: What factors should I consider when choosing legal representation for a federal white collar case?
If you are facing a federal investigation or felony charges for a white collar offense, it is imperative that you choose a law firm that has specific and substantial experience with your type of case. Other factors to consider include:
- Do the firm’s lawyers have prior experience as federal prosecutors handling white collar cases?
- What is the firm’s track record in federal white collar investigations and prosecutions?
- Does the firm have a team of experienced attorneys who combine their knowledge and skills; or, will your case be handled by a single lawyer with a substantial case load?
- Are the firm’s lawyers accessible 24/7, and are they available to travel as necessary to meet the demands of your case?
- Does the firm offer free case assessments, and are the firm’s lawyers able to answer your questions during your initial consultation?
Oberheiden, P.C. | White Collar Crime Lawyers
Oberheiden, P.C. focuses on representing sophisticated clients in federal matters. We understand the unique demands of white collar defense, and we understand what is at stake for individuals and organizations that are being targeted in federal cases. If you need a white collar criminal defense attorney, we encourage you to schedule a free case assessment. The attorneys on our white collar defense team will be happy to meet with you personally, help you understand your situation, and develop an immediate course of action to protect you.
To schedule your free case assessment, please call 888-680-1745 or send us your contact information online. We represent clients in federal white collar criminal cases across the nation. If you are under investigation, you do not have time to waste. Contact the white collar criminal defense lawyer at Oberheiden, P.C. now to put decades of federal experience on your side.