Protecting Businesses and Individuals in Lexington With Our Federal White-Collar Defense Services
Criminal Defense Team Lead
Contact Nick directlyLexington, Kentucky is known as the Horse Capital of the World. Aside from the horseracing industry, many businesses and corporations call this part of the state their home. While the horse paddocks and farms may present the image of small-town America, big-city problems can still affect residents and corporations, mainly white-collar investigations.
No matter where you live in Lexington, when the government wants to investigate your business operations or personal life, it can create a stressful situation for you. For that reason, Oberheiden P.C. is an experienced federal white-collar defense firm that will work to mitigate the effects of an investigation or allegation. When you need skilled and reputable legal services, make sure to contact our law firm.
Lexington has many major industries, including those in public education, healthcare, and manufacturing. Whether you are a business owner, healthcare provider, corporate executive, or other professional, the potential consequences of a federal investigation into your business or personal life can be devastating. If federal agents and prosecutors uncover evidence of a white-collar criminal offense, you could face steep fines and long-term imprisonment. If you are convicted, the damage to your professional reputation will lead to problems resuming your career or finding employment even after your sentence has been served.
At Oberheiden P.C., our attorneys have numerous years of experience representing individuals and businesses in these white-collar legal matters. Many of our white-collar criminal defense attorneys also have extensive experience in high-level positions within the U.S. Department of Justice and other leading federal law enforcement agencies. In many of those positions, they handled and were directly involved in thousands of investigations, grand jury subpoenas, and criminal prosecutions. With the background of our attorneys, we can approach your case from all angles. We will use our extensive government experience to develop a comprehensive case strategy and create the strongest possible defense for your case. Since every case has unique facts and circumstances, we will tailor a defense strategy to take on the government’s case.
Why You Should Trust Oberheiden P.C. With Your Case
At Oberheiden P.C., we understand the seriousness of white-collar criminal investigations. At any stage of the investigation or legal proceeding, it is vital to have a skilled and experienced legal team representing you. For that reason, many clients have turned to Oberheiden P.C. to protect their rights, freedom, and reputation.
Our law firm only employs senior attorneys to handle our client’s cases. All our clients can expect direct communication and regular updates from an experienced and skilled lawyer handling their cases. Your case will never be passed to a junior associate or paralegal.
Along with that, our attorneys bring a unique perspective to our defense strategies. As previously mentioned, many of them have extensive experience as federal prosecutors. They understand the government’s tactics, goals, and strategies, making them invaluable when preparing a defense for your case.
Our former federal law enforcement agents also bring many years of experience in cyber forensics and business investigations. With that knowledge and skills, they will thoroughly investigate the details and evidence in your case.
When you choose a law firm, you want one with a track record of success. We have won over 2,000 cases on behalf of our clients. With so many years of experience in fighting the government, we often reach the best possible resolutions for our clients’ cases. When you choose Oberheiden P.C. as your legal team, you can be assured of our commitment to excellence and our ability to provide you with the highest level of legal representation.
Put our highly experienced team on your side
Dr. Nick Oberheiden
Founder
Attorney-at-Law
Lynette S. Byrd
Former Department of Justice
Brian J. Kuester
Former U.S. Attorney
Former DA
John W. Sellers
Former Senior Trial Attorney
U.S. Department of Justice
Local Counsel
Joanne Fine DeLena
Former Assistant U.S. Attorney
Local Counsel
Joe Brown
Former U.S. Attorney & Former District Attorney
Local Trial & Defense Counsel
Amanda Marshall
Former U.S. Attorney
Local Counsel
Aaron L. Wiley
Former Federal Prosecutor
Local Counsel
Roger Bach
Former Special Agent (OIG)
Michael Koslow
Former Supervisory Special Agent (FBI)
Chris Quick
Former Special Agent (FBI & IRS-CI)
Ray Yuen
Former Supervisory Special Agent (FBI)
Federal White-Collar Crime Cases
Our federal criminal defense law firm has represented individuals and corporations facing charges of fraud, financial crimes, and other white-collar crimes. Our attorneys are experienced in handling a wide variety of federal criminal cases, including:
- Bank fraud
- Healthcare fraud
- Insurance fraud
- Mail and wire fraud
- Mortgage fraud
- Securities fraud
- Intellectual property theft
- Tax evasion
- Public corruption and bribery
Common Issues Found in Federal Cases
Several potential issues can arise during a federal criminal case. It is important to have experienced federal criminal lawyers to handle these issues promptly and effectively. Some of these issues include:
Illegally Obtained Evidence
Federal agents and prosecutors are limited by the protections covered in the U.S. Constitution. Any evidence obtained may be deemed illegally obtained and inadmissible in federal court if they violate the suspects’ constitutional rights. It is up to the defendant to keep illegally obtained evidence out of the case.
Conspiracy Allegations
Under the federal conspiracy statute, individuals can face substantial fines and long-term imprisonment for being party to a formal or informal agreement to commit a crime, even if they committed no substantive offense.
Federal defendants can face multiple charges for both related and unrelated crimes. For example, providers often face allegations of multiple healthcare-related offenses in a healthcare fraud case.
Confidential Informant or “Co-Conspirator” Testimony
Federal prosecutors may obtain testimony from a confidential informant or an alleged co-conspirator, which the defendant will need to overcome as part of their defense.
Sentencing Guidelines
The Federal Sentencing Guidelines outline the potential sentences in most federal criminal cases. Prosecutors and judges often rely on these guidelines in determining penalties. Still, it may be possible to obtain a below-guideline plea deal or a sentence that varies downward from the Guidelines with the help of an experienced federal criminal defense lawyer.
With all of these issues on the table, you will want to have an experienced legal team on your side. Oberheiden P.C. understands these potential problems, and we will work hard to protect you at every stage of your case.
White-Collar Offenses are Generally Processed Through the Federal Criminal Justice System
Most white-collar offenses trigger federal jurisdiction. This allows federal law enforcement agencies, like the U.S. Department of Justice (DOJ) or the Federal Bureau of Investigation (FBI), to prosecute the case rather than the Kentucky Attorney General’s Office or the local district attorney.
Just because they can prosecute your case, however, does not mean that they must. For low level offenses, federal law enforcement agencies frequently decline to prosecute, leaving it up to the local or state agencies to file charges.
One of the defensive maneuvers that the attorneys at Oberheiden P.C. can take, if we are involved in your case from the very beginning, is to persuade federal law enforcement personnel that your case is not worth their attention. This drastically lowers the stakes, as federal charges carry higher penalties and are investigated by law enforcement agencies that are many times larger than state or local ones.
However, if federal agencies do exercise their jurisdiction, your case will move through the federal criminal justice system.
For cases in Lexington, the first stop is the U.S. District Court for the Eastern District of Kentucky. While this district court has six courthouses scattered around the eastern half of the state, one is in Lexington, at 101 Barr Street. This is where you will be, from your arraignment through your trial. If your trial ends in a guilty verdict, it will also preside over your sentencing hearing.
If you get convicted on your white-collar charges, you have the right to appeal. Your appeal will be heard by the Sixth Circuit Court of Appeals. This is located in downtown Cincinnati at 100 East Fifth Street.
The white-collar defense firm Oberheiden P.C. has both trial teams and appellate teams that can effectively advocate on your behalf in both the Eastern District of Kentucky and the Sixth Circuit Court of Appeals.
FAQs: Federal White-Collar Criminal Defense
Are White-Collar Offenses Considered Felonies?
Yes, white-collar crimes are generally considered felonies. These types of crimes often involve complex schemes to defraud individuals or organizations, resulting in significant financial losses. Due to the severity of these offenses, they are usually classified as felonies and carry substantial penalties, including fines and prison sentences. Additionally, being convicted of a white-collar crime can result in a loss of professional licenses and difficulty finding employment in the future.
How Do These Cases Differ From State Crimes?
Federal and state criminal proceedings are very different. There are different rules and procedures, with various agencies and prosecutors handling the case. Along with that, the process of a federal criminal case is distinct from that of a state criminal case. However, don’t forget that the penalties for a conviction are often greater at the federal level. In many cases, it can lead to hefty fines and federal incarceration.
Can a Patient Complaint or Whistleblower Claim Lead to an Investigation?
The federal government takes the issue of fraud targeting citizens and the government very seriously. Many agencies are responsible for investigating credible complaints from whistleblowers, including the Department of Justice. In addition, many of these agencies even have hotlines to report suspected fraud and abuse. It is not unusual for a consumer complaint or whistleblower claim to kick off an investigation. Often, the subject of an investigation can face federal white-collar criminal charges and private civil lawsuits.
Is Being Contacted By Federal Agents Without Receiving a Subpoena Considered an “Investigation?”
You should understand that being contacted by federal agents is serious and should not be taken lightly. Even if you haven’t received a subpoena, you may be the target of a federal investigation. Federal agents use a variety of tactics to gather information. Agents often schedule “interviews” with individuals without informing them of the reason for the request.
Remember that anything you say can and will be used against you in court. You also have the right to remain silent and have an attorney present during any interview. When federal agents want to talk to you, always consult with an experienced white-collar defense attorney.
In addition to scheduled interviews, federal agents may also use other tactics such as undercover operations, surveillance, and search and seizure to gather information and evidence. These tactics are used to build a case against you. You must take your situation seriously if you are targeted in a federal investigation. In any of these situations, your first step should be to seek advice from the attorneys at Oberheiden P.C.
Which Defenses Are the Most Effective?
The defenses that can be used in a federal white-collar criminal case will vary depending on the specific facts of the case and the laws that apply. Many federal white-collar laws require the prosecution to prove multiple elements. Contesting the government’s evidence on even one of these elements can potentially result in an acquittal in federal court. Additionally, these laws often contain specific exceptions and “safe harbors” that can be used as defenses. However, keep in mind that we tailor our defense strategy to the unique circumstances of your situation. Contact us for a consultation if you want to learn how Oberheiden P.C. can help you.
Speak With an Experienced Federal White-Collar Criminal Defense Attorney
Our attorneys understand the complexities of these federal cases. Lexington, Kentucky, may seem like a slice of country paradise, but there are still significant issues that residents may face, namely white-collar investigations. Talk to our knowledgeable and skilled attorneys if you are under investigation or have been indicted. We know the urgency of federal white-collar criminal cases.
Contact Oberheiden P.C. today and benefit from our team’s wealth of experience in federal defense. If you want to schedule your free consultation, please call 888-680-1745 or submit your information via the contact form.
