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Houston White Collar Crime Attorneys

A White Collar Defense Lawyer So Respected Even DOJ Prosecutors Hire Him

Dr. Nick Oberheiden
Attorney Nick Oberheiden
Houston White Collar Criminal Defense
Team Leadenvelope iconContact Nick
Houston address – by appointment only:
440 Louisiana St #200
Houston, TX 77002
713-597-3388

Department of Justice prosecutors and FBI special agents come across hundreds of defense lawyers during their careers. But, what happens if these prosecutors and agents themselves become targets of an investigation? Who, among all the lawyers they have seen perform and argue for clients, do they trust when their own life and reputation is on the line? They trust Dr. Nick Oberheiden.

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Indeed, Houston white collar criminal defense attorney Dr. Nick Oberheiden is the go-to lawyer for business owners, executives, physicians, dentists, lawyers, as well as prosecutors and FBI agents. When effective strategies and proven experience are needed to protect one’s career, professional license, assets, reputation, and freedom. Compare Nick to any criminal lawyer you may find in Houston or Harris County, Texas, and judge for yourself.

  • Former DOJ Trial Attorneys, Assistant United States Attorneys, Federal Healthcare Fraud Prosecutors, and dozens of former Federal Agents (OIG, IRS, FBI, SS, DEA)
  • Over 2,000 Wins (Federal Defense & White Collar)
  • Dismissed Federal Indictments and Avoided Criminal Charges in Many Cases
  • Handled More than 1,000 Grand Jury Subpoenas
  • 70+ Years of Department of Justice Experience
  • The Biggest Federal Law Firm in America

Nick has prevailed in arguments before all major federal agencies including the:

  • Department of Defense,
  • Department of Justice,
  • Department of Health and Human Services,
  • U.S. Secret Service,
  • FBI,
  • IRS,
  • DEA,
  • Office of Inspector General.

As well as having appeared at U.S. Attorney’s Offices and in federal courts across the entire United States.

  • United States v. Client: Dismissed
  • United States v. Client: Dismissed.
  • DEA Search Warrant: No Charges.
  • DEA Opioid Investigation (Physician): No Charges.
  • DEA Overdose Investigation (Physician): No Charges.
  • FBI & OIG Healthcare Fraud Case: No Charges.
  • Grand Jury Subpoena: No Charges.
  • Grand Jury Subpoena: No Charges.
Houston White Collar Criminal Defense

No junior lawyer and no secretary will touch your case. Nick offers true client commitment from the moment you call for a free of charge and confidential consultation. Nick listens to you because he strongly believes that your side of the story is the key to resolution.

What are you waiting for? Call 713-597-3388 and get reliable answers to your most pressing questions or the second opinion you need.

Stay Away from 95% of the Legal Advice You Get

95% of all criminal defense lawyers focus on state law cases. That’s because 95% of all criminal cases take place in the Texas state justice system and are thus non-federal. Representing drunk drivers and shoplifters is not the same as negotiating with highly trained FBI agents and extremely resourceful federal prosecutors. What may work in state court rarely solves problems with the Department of Justice.

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The difference between state and federal criminal defense becomes a problem when state law strategies are expected to work in federal cases. They don’t. When you interview a traditional criminal defense attorney and provide an overview of your case, you most likely will hear that lawyer try to calm you down with one of the following defense speeches.

  • The government has the burden of proof.
  • Let’s wait and see what the government will do.
  • You had no criminal intent.

Judging from the experience of several hundred federal investigations, all three of these objections are recipes for disaster. They don’t work. You may find the federal criminal justice system unfair, but if you’re in it as a subject or target, you need to use the system as it is and not expect it to cater to you. You need proven Houston White Collar Crime Attorneys on your side.

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)

The Nick Oberheiden Federal Defense Approach

Nothing is less impressive to a prosecutor than hearing from a white collar defense attorney that his client had no intent or that the government has the burden of proof. That’s really not a starting point for effective negotiation or case resolution. In fact, it provokes the government to meet its burden and intensify its efforts. The case is heading for battle.

A recent example may exemplify the problem. The DEA suspects a physician to have prescribed opioids unlawfully. The physician is now a target of a federal criminal investigation. What are the options for his defense?

  • Option 1: Option one would be to assure the doctor that he/she had no intent and the government has the burden of proof. In the meantime, FBI and DEA agents execute a search warrant and disturb the business by interviewing former and current employees. The doctor’s practice never recovers from the search and seizure of his entire computer system and files. The doctor literally watches his own downfall and will soon have to accept the end of his career. The medical board suspends his license pending the investigation. It can take two years before the doctor and his lawyer enter the courtroom for trial to finally demand the government prove misconduct beyond a reasonable doubt. Outcome? Uncertain, but the physician hasn’t been able to practice or generate income since the search warrant.
  • Option 2: The doctor in this example becomes aware of an investigation and asks Nick to speak to the DEA agents. At this point, Nick has already spent significant time with his client to learn everything the doctor has to say about the accusations, studies patient charts, consults with an expert, and combines everything into a presentation at the U.S. Attorney’s Office. Nick never once mentions that his client had no intent. Nick challenges the facts of the case by introducing clarifications, explanations, and the expert’s opinion. The government has no expert and is surprised to hear how the accepted standards of medicine in this case suggest the doctor did not over prescribe and took several well known precautions to ensure compliance. Outcome? No search warrant. No arrest. No trial. No uncertainty.

There are two main differences between Option 1 and Option 2. The first distinction is that Nick voluntarily took the burden of proof. Instead of waiting to see what happens and not insisting the government meet its burden, Nick assumed the task of proving his client’s innocence. You can say is a perversion of the system and that is not how the system ought to work. Granted. However, the system offers this option and most people would rather accept the burden of proof and be proven innocent than rely on the system and risk indictment, arrest, and expensive trials.

The second difference is even more fundamental. To violate the law, two things need to be proven. The defendant did something contrary to the law and did so intentionally. Almost all federal criminal statutes require intent. Intent is some form of willful, knowing, intentional conduct. The vast majority of lawyers focus on the second level, which lawyers call mens rea, and argue that there was no intent. In the example above, Houston Federal Criminal Attorney Nick Oberheiden argues differently. He challenges the assumption there was any misconduct at all. Instead of saying the doctor over prescribed, but did not do so intentionally, Nick argues the doctor’s actions conform to applicable rules and ethical obligations. A lack of intent argument is not necessary. Here are examples of where this approach worked:

  • Healthcare Fraud (18 U.S.C. 1347)
  • Bribery (18 U.S.C. 201)
  • Mail Fraud (18 U.S.C. 1341)
  • Wire Fraud 18 U.S.C. 1343)
  • Computer Fraud (18 U.S.C. 1030)
  • Tax Fraud (26 U.S.C. 7206)
  • Embezzlement
  • Bank Fraud (18 U.S.C. 1344)
  • Counterfeiting (18 U.S.C. 2320)
  • Money Laundering (18 U.S.C. 1956)
  • Credit Card Fraud
  • Mortgage Fraud
  • Forgery
  • Insurance Fraud
  • Investment Fraud
  • Securities Fraud (15 U.S.C. 78j, 78jj; 18 U.S.C. 1348)
  • Insider Trading
  • Obstruction of Justice (18 U.S.C. 1512)
  • Perjury/ False Statement (18 U.S.C. 1001)
  • Intellectual Property Crimes

Trained in negotiations at Harvard Law School, Ph.D. federal criminal lawyer Nick Oberheiden is available to help you find a way to guide you through the federal justice system. Call 713-597-3388 and let’s shut down the investigation before things escalate to your disadvantage.

Why Does the U.S. Attorney’s Office in Houston Claim a Federal Conspiracy?

Prosecutors in the Southern District of Texas frequently use conspiracy charges for multiple defendants in a single case rather than filing several related cases. The government will claim the various conspirators individually provided a contribution to the alleged scheme toward a common goal. Contrary to common belief, a conspiracy does not require a formal agreement. Merely working together, even amongst personally unknown co-conspirators, is sufficient to demonstrate an at least implicit understanding and consensus. For example, A manufactures drugs, B sells drugs to C, who sells them to D. A and C never speak together, and never meet. B is the connector that allows the government to indict A, B, and C in the same case. Examples:

  • Conspiracy to Commit Medicare Fraud (18 U.S.C. 1347; 18 U.S.C. 371)
  • Conspiracy to Accept or Receive Illegal Kickbacks (42 U.S.C. 1320a-7(b)(b); 18 U.S.C. 371)
  • Conspiracy to Commit Obstruction of Justice (18 U.S.C. 1518, 1519; 18 U.S.C. 371)
  • Conspiracy to Commit Aggravated Identity Theft (18 U.S.C. 1028A; 18 U.S.C. 371)
  • Conspiracy to Make False Statements Relating to Healthcare Matters (18 U.S.C. 1035; 18 U.S.C. 371)
  • Conspiracy to Distribute Controlled Substances (21 U.S.C. 841; 21 U.S.C. 846)
  • Conspiracy to Commit Healthcare Fraud (18 U.S.C. 1347; 18 U.S.C. 371)
  • Conspiracy to Commit Theft or Embezzlement in Connection with Healthcare (18 U.S.C. 669; 18 U.S.C. 371)
  • Attempt or Conspiracy to Commit Healthcare Fraud (18 U.S.C. 1349; 18 U.S.C. 371)
  • Conspiracy to Commit Medicaid Fraud (18 U.S.C. 1347; 18 U.S.C. 371)
  • Conspiracy to Commit Securities Fraud (18 U.S.C. 1348; 18 U.S.C. 371)
  • Conspiracy to Unlawfully Use Health Information (42 U.S.C. 1320d-6; 18 U.S.C. 371)
  • Conspiracy to Use Identification Information (18 U.S.C. 1028(a)(7); 18 U.S.C. 371)
  • Conspiracy to Commit Bribery (18 U.S.C. 201; 18 U.S.C. 371)
  • Conspiracy to Commit Mail Fraud (18 U.S.C. 1341; 18 U.S.C. 371)
  • Conspiracy to Commit Wire Fraud (18 U.S.C. 1343; 18 U.S.C. 371)
  • Conspiracy to Commit Money Laundering (18 U.S.C. 1357; 18 U.S.C. 371)
  • Conspiracy to Commit Bank Fraud (18 U.S.C. 1344; 18 U.S.C. 371)
  • Conspiracy to Commit Tax Fraud (26 U.S.C. 7206; 18 U.S.C. 371)

Questions and Answers about Federal Criminal Defense in Houston

What is white collar crime?

Although there is no official definition of white collar crime, the term is commonly used to describe financial offenses to obtain money or properties by fraudulent means such as:

  • Health care fraud,
  • Investment fraud,
  • Bank fraud,
  • Embezzlement,
  • Federal mortgage fraud, and
  • Wire fraud.

Federal law enforcement officers and prosecutors have recently put a focus on white collar crimes. These cases are handled by special teams of prosecutors and call for a Houston white collar crime attorney with extensive experience handling this specific type of case.

Q: Does a white collar crime carry jail time?

Yes, most white collar crimes carry the possibility of jail time. White collar crimes, such as:

  • Bank fraud,
  • Federal mortgage fraud,
  • Identity theft,
  • Embezzlement, and
  • Health care fraud, have become federal law enforcement’s priority over recent years.
  • The U.S. Attorney’s Office is being harsher than ever on those convicted of white collar crimes. However, with the right Houston white collar crime attorneys, you may be able to avoid the worst penalties of a criminal conviction.

Q: What should I do if the FBI shows up at my house?

If FBI agents show up at your house, it’s safe to say they are investigating a federal crime. When knowing if you are an innocent witness, or the subject of the investigation isn’t clear, you cannot rely on the agents’ comments. The best thing to do is to politely decline answering their questions and contact an experienced Houston white collar crimes attorney. An experienced attorney can look into the investigation to determine what the federal government believes your role is and help you determine an effective way to respond to agents.

Q: What should I do if I’m indicted?

An indictment is a formal notice that you face criminal charges in federal court. This means federal prosecutors have already concluded their investigation and presented their case to a grand jury. And, probable cause was found to believe you committed the offenses in question. At this point, the federal government is far ahead of you in terms of case preparation. If you recently received an indictment, the first thing you need to do is call an experienced Houston white collar crime lawyer as soon as possible.

Q: Do I need a Houston federal criminal defense attorney?

Obtaining the assistance of a Houston, TX federal criminal defense attorney is imperative if you are under investigation or have been recently indicted. Federal prosecutors are highly skilled and rarely, if ever, make mistakes. And, by the time you learn of the investigation, it’s already well underway. The sooner you contact a Texas federal criminal defense attorney, the better he/she can reduce the possibility of a conviction. This may be through discussing the case with prosecutors before an indictment. Such negotiations may avoid charges being filed in the first place. Even if charges are filed, it’s not the end of the story. A skilled Houston federal criminal defense attorney will craft a compelling defense strategy based on the specific details of your case.

Q: Should I try to negotiate a plea agreement or take the case to trial?

It depends on the nature of the accusations and the government’s evidence. Many federal criminal cases are resolved through a plea agreement. However, this isn’t necessarily because the defendant is guilty; it may be because they felt pleading guilty was their best option to avoid what could be a much harsher sentence. You don’t want to be in a position of feeling like you need to plead guilty because your attorney is unprepared to take a case to trial or is uncomfortable litigating your case in front of a jury. Even if you are open to accepting a plea agreement, your best option is to consult with an experienced Houston federal white collar crimes lawyer to discuss your case.


Proven Results in Hundreds of Federal Criminal Cases: 713-597-3388

If you are being investigated or charged with mail fraud, wire fraud, health care fraud, or other white collar crimes, you need a lawyer with a deep understanding of federal law and who has extensive experience in crafting defense strategies against allegations of federal crimes. When you hire Houston white collar defense lawyer Dr. Nick Oberheiden, you will work with a lawyer with true experience, respected by his peers and prosecutors alike. No matter how hopeless you consider your situation, Nick will explore different options and find mitigating factors and strong factual and legal defenses. The law office of Oberheiden P.C. also offers other kinds of Criminal Defense Representation.

Additional Pages for Houston, Texas

This information has been prepared for informational purposes only and does not constitute legal advice. This information may constitute attorney advertising in some jurisdictions. Reading of this information does not create an attorney-client relationship. Prior results do not guarantee similar future outcomes. Oberheiden, P.C. is a Texas PC with headquarters in Dallas. Mr. Oberheiden limits his practice to federal law.
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