Boston White Collar Attorneys

Boston meeting location – by appointment only: We do NOT accept mail or service at this location.
53 State Street Suite 500
Boston, MA 02109
617-202-2912

Many white collar crimes are federal offenses that carry substantial fines and potentially even jail time. The white collar crime defense lawyers at Oberheiden P.C. represent professionals, business owners, executives, and healthcare providers in Boston who are under investigation and who have been charged by government officials with these federal crimes.

Boston Criminal Lawyers Handling a Broad Range of Complex Federal White Collar Crimes

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There are numerous types of white collar crimes, with dozens of federal laws regulating financial and corporate activities. Our Boston criminal defense lawyers have extensive experience defending individuals and corporations against all types of federal white collar allegations, including (but not limited to):

Antitrust

Federal law enforcement agencies and the US Attorney’s Office for the District of Massachusetts have shown a newfound interest in regulating anticompetitive behavior and breaking up large corporations that have grown from their successes. Under federal antitrust laws, dozens of types of conduct can lead to regulatory investigations, grand jury investigations, and criminal charges, including:

Price-fixing
Bid-rigging
Agreeing not to compete with potential competitors
Tying or bundling arrangements

Recently, enforcement actions have targeted mergers and acquisitions that consolidate market share in the hands of only a few companies, including those that are headquartered in Boston.

Bank Fraud

The crime of bank fraud involves defrauding, or even attempting to defraud, a financial institution through the means of false pretenses, misrepresentation, or empty promises. The offense is wide-reaching, and covers all of the following:

Forging signatures on financial documents or loan applications
Using a stolen identity to get a loan or credit
Check kiting
Altering checks or other financial instruments

Under 18 U.S.C. § 1344, convictions for bank fraud carry up to $1 million in fines and up to 30 years in prison. Additionally, many charges of bank fraud are filed alongside other state or federal offenses, like:

Forgery
Identity theft
Check fraud
Money laundering

We have defended clients against these and other charges in high-stakes federal cases. We have significant experience in this area, and our trial lawyers are fully prepared to fight for “Not guilty” verdicts in state and federal courts when necessary.

Computer Fraud

Computer fraud is another wide-reaching federal offense. It covers conduct that makes use of a computer to take or alter data or to gain unlawful access to a computer or electronic system. Some examples of computer fraud can include:

Hacking into someone else’s computer
Using malware to infect a computer and take data from it
Accessing a computer system to shut it down and demand a ransom payment from the owners
Government procurement fraud

Conspiracy

No criminal offense is as broad and far reaching as conspiracy. This criminal charge is used frequently by federal prosecutors to pursue the associates of a criminal defendant, even those who were only vaguely aware of the allegedly criminal activity.

Embezzlement

Embezzlement is another white collar crime that can be pursued on the federal level. Commonly filed against financial institutions, securities professionals, or brokerage firms, embezzlement is the offense of appropriating property or money that was lawfully entrusted to the defendant’s care.

Healthcare Fraud

Another example of a white collar crime is health care fraud. Health care fraud is the criminal offense of defrauding a healthcare program, often by:

Billing for services not rendered
Upcoding, or charging for services that are more expensive than what was provided
Providing medically unnecessary care
Falsifying patient records to make the care appear to be medically necessary

When the health care program is one run by the government, like Medicare or Medicaid, federal law enforcement agencies like the Centers for Medicare and Medicaid Services (CMS) and the Health and Human Services Office of the Inspector General (OIG) can pursue civil or criminal penalties through the False Claims Act, Anti-Kickback Statute, and other federal laws.

With so many pharmaceutical and biomedical companies in Boston, the number of health care fraud cases in the area is disproportionately high in comparison to other major cities across the country. We work closely with all types of health care providers to resolve government investigations on favorable terms whenever possible and to seek dismissal in court when necessary.

Insurance Fraud

Obtaining insurance through fraudulent means or filing insurance claims that overvalue losses or that request compensation for an event that never occurred can amount to insurance fraud. While this can happen in the healthcare field, it can also involve other forms of insurance, like:

Car insurance
Homeowner’s insurance
Business liability insurance

Mail and Wire Fraud

Any type of fraudulent activity that uses the mail or a telecommunications service can lead to federal criminal charges for mail fraud or wire fraud. Convictions for these offenses carry up to 20 years in prison, on top of the substantive fraud that was allegedly committed using the mail or wires.

Securities Fraud

Financial professionals and firms that are regulated by federal securities laws can face investigations for securities fraud for any of the following courses of alleged conduct:

Insider trading
Embezzlement
Fraudulent misrepresentation or omission of material information
Investment fraud

Investigations by the Securities and Exchange Commission (SEC) can lead to professional sanctions, requirements to overhaul companies’ corporate governance structures, and substantial civil penalties. They can also be referred to other federal agencies for criminal prosecution.

Tax Fraud

Tax fraud and tax evasion are also common charges in federal white collar cases. Individuals can face these charges when undervalue their assets or their income, or when they incorrectly use deductions to reduce their taxable wealth.

Dr. Nick Oberheiden

Founder

Attorney-at-Law

Lynette S. Byrd

Former DOJ Trial Attorney

Partner

Brian J. Kuester

Former U.S. Attorney

Hon. Kevin McCarthy

55th Speaker, U.S. House of Representatives (ret.)

Government Consultant

Mike Pompeo

Of Counsel

Former U.S. Secretary of State

John W. Sellers

Former Senior DOJ Trial Attorney

Linda Julin McNamara

Federal Appeals Attorney

Nicholas B. Johnson

Former Prosecutor

Roger Bach

Former Special Agent (DOJ)

Chris J. Quick

Former Special Agent (FBI & IRS-CI)

Michael S. Koslow

Former Supervisory Special Agent (DOD-OIG)

Ray Yuen

Former Supervisory Special Agent (FBI)

FAQs About Federal White Collar Crime Defense in Boston

What are the Potential Consequences of a White Collar Conviction?

The penalties of a conviction for a white collar crime will depend on the specific law that was allegedly violated. However, there are three types of penalties that can be imposed: Professional sanctions, financial payments, and prison time.

Many white collar professionals need specific certifications to do their job. Those certifications often come from the organizations or agencies that investigate them for wrongdoing, and can be taken away or restricted. For example, securities professionals get their securities license from the SEC. If they commit securities fraud or some other white collar crime, the SEC may take away their license and bar them from the industry.

The financial penalties of a white collar crime conviction are even more severe. These penalties often include fines, penalties, disgorgement of ill-gotten funds, and interest payments. Depending on the offense, this can run into the hundreds of thousands of dollars, or even into the millions.

Finally, many white collar crimes carry the potential for prison time. Most of these offenses are felonies, which can come with more than a year in prison.

What Can Trigger a Government Investigation (Federal or State Investigation)?

White collar investigations can begin in a number of different ways.

Whistleblowers, often disgruntled former employees or clients, can bring evidence of what seems like criminal or fraudulent activity to law enforcement agencies, who may then decide to investigate further.

In some other cases, information in tax returns or in public filings or statements can raise suspicion and trigger an investigation.

Are All White Collar Cases Criminal in Nature?

Many criminal investigations for white collar offenses begin as civil investigations or even as administrative procedures. As these non-criminal investigations uncover information that suggest that there is potential criminal activity, the evidence can be passed around to law enforcement agencies like the Department of Justice for further inquiry. This can lead to criminal charges for an investigation that began as a civil case. Avoiding this potential escalation is paramount and often requires a skilled defense team.

What Should I Do if an Internal Investigation Uncovered a Violation of Federal Law?

If your company uncovered a violation of federal law during an internal investigation, you should discuss the implications with experienced federal defense counsel promptly. In this scenario, making a voluntary disclosure can be critical for mitigating the risks involved; however, companies must approach voluntary disclosures very carefully.

Why Doesn’t Oberheiden P.C. Call Itself the Best White Collar Criminal Defense Law Firm?

Oberheiden P.C. does not call itself the best white collar crime defense firm because we prefer to let our track record of success stand for itself. Our team includes experienced attorneys who have both defended and prosecuted white collar crimes for years. Our attorneys’ experience on the side of law enforcement often proves to be invaluable to our clients, who can count on this experience to accurately predict what law enforcement is likely to do based on the information that it finds during its investigation. This foresight can help our attorneys build strong defense strategies that help insulate our clients from civil or criminal liability.

Additionally, the rules of professional practice prohibit any law firm from claiming to be the “best law firm” or to have the “best lawyers.” These rules also prohibit law firms from claiming to have “expertise” in any particular area. These are subjective assessments that cannot be substantiated.

About the Boston White Collar Lawyers at Oberheiden P.C.

Facing any of these charges is a serious problem. A single conviction can carry years in prison and thousands or potentially even millions of dollars in fines. In many cases, multiple charges will be filed against a single individual or entity, potentially resulting in devastating consequences.

Putting an experienced criminal defense lawyer on your side is critical. The Boston white collar defense lawyers at Oberheiden P.C. can help.

Many of our attorneys came to our defense firm after working as prosecutors and investigators in the same United States law enforcement agencies that filed the charges you may be facing. Those years of experience running the government investigations help our white collar crime defense attorneys predict how law enforcement will likely move forward in your case. By taking a collaborative approach to the wide array of white collar cases we handle, we ensure that all of our clients receive the full benefit of our attorneys’ collective experience.

Getting our Boston white collar lawyers involved in your case as quickly as possible can drastically improve the chances of reaching a successful outcome. Individuals or firms that retain our legal counsel early in the process can give our experienced Boston white collar crime attorneys the time they need to conduct a thorough review of the facts and determine the best defensive strategy to adopt as the case moves forward. Contact us for legal representation as soon as you suspect that an investigation is possible.

Our Boston Attorneys Handle Federal and State White Collar Cases in Massachusetts – Call for Your Free Consultation Today

If you need experienced defense counsel for a white collar case in Massachusetts, we encourage you to contact us right away. To speak with a senior defense attorney at Oberheiden P.C. in confidence as soon as possible, call us at 617-202-2912 or contact us online now.