San Jose White Collar Crime Attorneys
Criminal Defense Team Lead
Contact Nick directlyMany federal white-collar crimes in San Jose carry serious penalties, such as long-term imprisonment and substantial fines. Finding the right defense firm should be your top priority if you are under investigation or facing federal criminal charges. Our federal defense law firm represents many clients throughout the city and country, including business owners, healthcare providers, executives, and others facing these white-collar issues. When you need to protect your legal rights in a federal case or investigation, turn to the experienced team at Oberheiden P.C.
How Oberheiden P.C. Differs from Other Defense Firms
When you work with some other criminal defense firms, there is a good chance that your case will be passed off to a junior associate. With that, you will not have an experienced attorney to handle your case. Federal cases are significantly different from those prosecuted in state court. A conviction can mean stiffer penalties, hefty prison terms, and other consequences. All the defense attorneys at Oberheiden P.C. are senior attorneys highly experienced with working on federal cases. Most of our lawyers have extensive backgrounds in the U.S. Attorney’s Office and the U.S. Department of Justice (DOJ). Also, we believe in providing you with an open line of communication, meaning you do not have to worry about any miscommunication when contacting our legal team members.
Additionally, we also have a nationwide group of trial consultants and investigators who are former agents of the Drug Enforcement Administration (DEA), Federal Bureau of Investigation (FBI), Internal Revenue Service (IRS), and other federal agencies. Working with a team of legal professionals and investigators is vital in these high-stakes white-collar criminal cases. They understand the steps it takes for these agencies to build a case. This type of experience is necessary when facing federal prosecution that can carry life-changing penalties. Our legal team will start working on the case the moment you call us.
We Defend Against Many Types of White-Collar Criminal Allegations
Our federal defense lawyers handle various criminal allegations involving numerous government agencies. Also, our legal team has extensive experience with federal investigations, grand jury proceedings, trials, and appeals. We represent clients who are facing allegations of:
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)
Antitrust Violations
These federal investigations often target company executives and other professionals, leading to a broad range of criminal allegations. While these investigations can lead to mainly civil consequences, criminal charges are also included when there are accusations of anti-competitive practices or price-fixing schemes. According to the Sherman Act, individuals and companies can face these charges. The attorneys at Oberheiden P.C. have a record of success defending business entities, executives, and owners against these investigations and judicial proceedings.
Conspiracy
Federal conspiracy statutes give prosecutors a broad range to pursue charges against individuals. Sometimes, a prosecutor can seek these charges even if there is no evidence of a substantive white-collar crime. When two or more individuals conspire to commit a crime, both parties can be prosecuted and convicted, leading to several years of incarceration in federal prison. An experienced federal defense law firm must handle any conspiracy allegation. Otherwise, an inadequate defense can open the door for more federal criminal charges.
Financial Crimes
Federal financial crimes covers many types of conduct, with victims ranging from publicly traded corporations to individual customers. Often, these financial crimes provide an unfair competitive advantage to an individual or company. Since these federal crimes are different, they require a specific defense strategy. Some examples of white-collar crimes include:
- Bribery
- Bank fraud
- Counterfeiting
- Credit card fraud
- Currency schemes
- Cryptocurrency fraud
- Embezzlement
- Forgery
- Money laundering
- Mortgage fraud
Insurance Fraud
Federal prosecutors will aggressively target individuals and companies accused of insurance fraud. Fraud is often found in the healthcare setting, but the government will look for signs of criminal wrongdoing by businesses, accident victims, property owners, contractors, and other entities or individuals. Our federal defense law firm represents clients accused of insurance fraud, including everything from business interruption policy claims to property damage. Federal prosecutors focus on bad faith claims, fee churning, asset diversion, and premium diversion when investigating businesses and individuals.
Mail Fraud and Wire Fraud
Some of the most serious crimes involve mail fraud and wire fraud, both carry significant penalties and fines if an individual is convicted of these charges. Unfortunately, most individuals can only resolve many of these cases by seeking a plea deal. Otherwise, the individual may face up to 20 years in federal prison. Often, federal prosecutors will not only focus on wire or mail fraud but also seek other white-collar criminal charges as well.
Securities Fraud
Federal securities fraud investigations can find brokerage firms, public companies, private organizations, financial institutions, and executives at the center of criminal charges. At Oberheiden P.C., we represent both corporate clients and individuals facing an investigation from the FBI, SEC, and DOJ involving allegations including:
- Broker and investment advisor fraud
- Corporate accounting fraud
- Corporate reporting and disclosure violations
- Cryptocurrency investment fraud (including fraudulent ICOs)
- Fraudulent investment solicitations
- High-tech and biomedical investment scams
- Insider trading
- Mobile trading app fraud
Tax Evasion and Fraud
The FBI, DOJ, and IRS-CI investigate most federal criminal tax fraud and evasion crimes. We have investigators and attorneys who have worked in these agencies. In the past, our attorneys have successfully defended clients against allegations levied by the Internal Revenue Service. Sometimes, federal prosecutors will look to combine charges with other white-collar crimes. With that, you need a comprehensive defense strategy that can help protect you from further legal liabilities.
Our Federal Defense Team Answers Your FAQs
Are White-Collar Crimes Serious?
Unfortunately, many believe that white-collar crimes are not serious or that a sentence is served in a “country club” prison. That is not the case. Federal prosecutors take these allegations very seriously, which means they will seek jail time and significant fines in most cases. Working with Oberheiden P.C. allows you to have a solid defense strategy when facing a serious allegation. Our lawyers can negotiate with federal prosecutors or litigate a case before a jury. With our help, you may be able to avoid the most serious consequences in your white-collar case.
Should I Talk To a Federal Agent?
You may never know when the IRS, DEA, or FBI will show up at your home or place of business. If you have knowledge of a federal crime or are under investigation, you may be contacted by investigators at one of these agencies. You may be innocent of all accusations, but you should never talk to a federal agent without guidance from an experienced federal defense attorney. If you want to protect yourself and your assets, you will need to work with a reputable federal criminal defense law firm.
What Happens If I Receive a Grand Jury Subpoena?
If you have received a grand jury subpoena, it is a court order that you must participate in an open investigation. Usually, the Department of Justice issues these mandates from a U.S. Attorney. You must testify at a grand jury proceeding or produce certain evidence. In many cases, if you need to testify, the federal government believes you have been involved in criminal activity. Unlike other types of court proceedings, you are not entitled to a lawyer at a grand jury testimony. When you receive a grand jury subpoena, you will want to consult with a federal criminal defense lawyer to discuss your legal options.
What Are the Consequences of a Federal Trial?
You have much to lose when facing these criminal charges in a federal courtroom. Depending on the type of accusations, you could face jail time, even with no prior criminal record. A federal criminal conviction can also lead to fines, probation, and professional actions. For example, you could lose any professional certifications with a conviction for certain white-collar crimes. If you want to know the full extent of these consequences, make sure to contact our federal criminal defense legal team.
How Can Oberheiden P.C. Help My Case?
Any type of federal investigation is more complex than those found in state courts. These prosecutors will spend months building a case to present before the grand jury. When you are under investigation, make sure to talk to a federal defense attorney before you have been indicted. Even if you are currently facing any federal charges, finding the appropriate legal counsel can mean the difference between protecting your livelihood and serving a lengthy prison sentence.
Our senior attorneys and investigators will look for any weaknesses in the prosecutor’s case. With our legal team’s extensive background working for these same agencies, these individuals know how to reach a favorable outcome in your case, including the complete dismissal of charges.
Contact Our Federal Defense Attorneys at Oberheiden P.C.
At Oberheiden P.C., our experienced legal team will build an effective defense in your federal white-collar criminal case. We will investigate all the charges, ensuring we craft the strongest defense for our clients. You need legal representation that understands the complexities of federal cases. Whether you are under investigation or have been indicted, our legal team is ready to protect your rights.
There are high stakes involved with a federal criminal charge. For that reason, you need a reputable and successful criminal defense firm to handle your case. If you want to discuss your white-collar federal accusations with our senior attorneys in San Jose, California, give us a call at 888-680-1745 or contact us online for a free initial case assessment.