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Silicon Valley White Collar Crime Attorneys

Former DOJ Prosecutors Providing White Collar Crime Defense for Company Founders, Executives, and Others in Silicon Valley

Dr. Nick Oberheiden
Attorney Nick OberheidenSilicon Valley White Collar
Criminal Defense Team Lead
envelope iconContact Nick
Santa Clara address – by appointment only:
4500 Great America Pkwy
Santa Clara, CA 95054
888-680-1745

Because of several recent high-profile cases targeting Silicon Valley founders and executives, federal authorities are paying close attention to companies that are making names for themselves in the region. In particular, authorities such as the U.S. Department of Justice (DOJ), Federal Bureau of Investigation (FBI), and U.S. Securities and Exchange Commission (SEC) are targeting companies and their leaders for fraud and other white-collar crimes.

If your company is under investigation for white collar crime, or if you personally are under investigation in Silicon Valley, you need to respond proactively to the government’s inquiry. You need to make sure the investigation does not exceed the government’s authority, and you need to work to resolve the inquiry before it leads to publicized charges. For Silicon Valley companies and their founders and executives, simply facing public allegations can have significant negative ramifications. Of course, if you end up on trial for fraud, theft crimes, or other federal crimes, protecting your reputation could be the least of your worries.

Federal Defense Counsel with Proven Experience in High-Stakes White Collar Cases

At Oberheiden P.C., our white collar defense lawyers at our criminal defense law firm have extensive experience on both sides of high-stakes federal cases. Prior to entering private practice, many of our lawyers served as U.S. Attorneys, Assistant U.S. Attorneys, and trial lawyers with the DOJ. As a result, not only do we offer our Silicon Valley clients the insights gained from collective experience as federal defense lawyers, but also the unique perspective of being able to examine their cases from the government’s point of view.

In addition, we have a nationwide network of non-lawyer consultants who previously served in high-ranking positions with the DOJ, FBI, and other agencies. Many of these former federal agents are experts not only in the federal government’s investigative and trial tactics, but also in the government’s approach to high-tech white collar cases in particular and have extensive experience in state and federal courts.

Here is what you can expect when you choose Oberheiden P.C. for federal white collar defense in Silicon Valley:

  • Immediate Response and Representation – As a result of our federal white collar experience, we can get to work defending you and your company immediately. We provide emergency representation for federal investigations when necessary.
  • Access to Our Senior Lawyers and Consultants Around the Clock – Our clients have direct access to the senior lawyers and consultants handling their federal cases around the clock. We expect to be able to reach you when necessary, and we expect you to contact us when you need us as well.
  • No Work Performed By Paralegals or Junior Associates – Unlike other white collar defense firms, we do not employ paralegals or junior associates. All work is handled exclusively by highly experienced senior lawyers.
  • A Proactive and Strategic Approach to Protecting You and Your Company – We take a proactive approach to protecting our clients during federal white collar investigations. We will build a strategy focused on the unique circumstances of your (or your company’s) case, and we will continue to refine and adjust this strategy as warranted throughout our representation.
  • Tireless Effort to Achieve an Efficient and Discrete Resolution – We know how important it is for growing tech companies and their founders and executives to avoid public prosecution and the negative publicity that comes along with it. With this in mind, we make every effort to resolve our clients’ cases as efficiently and discretely as possible.

We have resolved the vast majority of our clients’ federal white collar investigations without charges being filed. Once you (or your company) becomes a target, this is the best possible outcome. As long as you contact us in time, we will be able to focus our efforts on achieving a favorable pre-charge resolution.

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)

Representation for Silicon Valley Companies, Founders, and Executives Facing All Types of Federal White Collar Allegations

Within our federal white collar defense practice, we represent companies and individuals facing all types of civil and criminal allegations. This includes common allegations against Silicon Valley companies, founders, and executives such as:

  • Accounting and Financial Fraud – Making false accounting entries, withholding material information from public disclosures, misrepresenting information to financial institutions, and other types of misrepresentations and omissions.
  • Conspiracy – Pursuing a coordinated effort to commit fraud or another white collar offense, regardless of whether the offense is ultimately committed.
  • Corporate Fraud – Engaging in conflict-of-interest transactions, using corporate assets for personal benefit, usurping corporate opportunities, and other fraudulent acts that have negative impacts for shareholders.
  • Embezzlement and Theft of Corporate Assets – Siphoning off corporate funds or misappropriating other corporate assets for personal or third-party benefit.
  • Federal Procurement Fraud – For Silicon Valley companies that do business (or are seeking to do business) with the government, making misrepresentations or omissions during the procurement process or while performing under government contracts.
  • Intellectual Property (IP) Crimes – Misappropriating or infringing upon third-party intellectual property rights, including trademarks, trade secrets, copyrights, and patents.
  • Public Corruption and Bribery – Bribing, attempting to bribe, or engaging in other efforts to improperly influence public officials in the United States or in foreign countries.
  • Securities Fraud – Issuing false reports, engaging in insider trading, conducting fraudulent initial public offerings (IPOs) and initial coin offerings (ICOs), and other practices that violate federal securities laws or regulations.
  • Tax Evasion and Tax Fraud – Failing to report or pay income taxes, employment taxes, or other federal tax liability; failing to report foreign financial assets; and, other violations of the Internal Revenue Code, Bank Secrecy Act, and other pertinent federal laws.
  • Wire Fraud – Using the Internet to perpetrate any other white collar crime, whether through email communication, teleconferencing, social media, or publishing information online.

Federal white collar investigations involving these allegations (among others) can either be civil or criminal in nature. The SEC and certain other agencies can impose administrative penalties as well. When facing a federal white collar investigation, it is imperative to identify the investigation’s nature and scope, and to develop and executive a defense strategy that is focused on the specific issues and allegations at hand. With our lawyers’ and consultants’ experience on both sides of federal white collar investigations, we are able to quickly discern our clients’ risks and advise them accordingly in both civil and criminal law scenarios.

FAQs: Defending Against Federal White Collar Investigations in Silicon Valley

What Should I Do if the DOJ or FBI is Investigating My Silicon Valley Company?

If you own or run a Silicon Valley company that is under federal investigation, you need to engage experienced defense counsel from a criminal defense firm promptly. By the time the DOJ or FBI makes an investigation known to the target, the investigation is already well underway. Experienced federal white collar defense counsel will be able to intervene in the investigative process, determine why your company is being targeted, and deal with the DOJ or FBI on your company’s behalf.

What Should I Do if I Have Received an SEC Subpoena in Silicon Valley?

If you have received an SEC subpoena related to your business or work in Silicon Valley, you need to promptly engage defense counsel in this scenario as well. You must respond to the subpoena, but you must do so carefully to avoid putting yourself (or your company) at risk of white collar crime charges unnecessarily. Experienced white collar defense counsel will be able to help you prepare an appropriate response while also managing the other aspects of the SEC’s investigation.

What are the Risks of Facing a Federal White Collar Investigation?

Federal white collar investigations can lead to a white collar crime conviction, which can include fines, injunctions, prison time, and other penalties. If made public, these investigations of a white criminal offense can also cause substantial harm to individuals’ and companies’ reputations—and this is true regardless of the eventual outcome. When you engage Oberheiden P.C. for federal white collar defense in Silicon Valley, we will work diligently to resolve your (or your company’s) investigation as quickly and quietly as possible.

Should I Cooperate with the DOJ, FBI or SEC if I Don’t Have Anything to Hide?

Before deciding whether to cooperate with the DOJ, FBI, or SEC, you need to make sure you have an accurate understanding of the legal risks involved. While you may not think you have done anything wrong, you could still potentially be exposed due to an unintentional and unknowing statutory or regulatory violation.

How Do I Choose a Law Firm for White Collar Defense in Silicon Valley?

When choosing a law firm for white collar defense in Silicon Valley, relevant experience with the white collar criminal justice system is a key factor. You need a team of senior defense lawyers who understand these cases and criminal offenses from both sides. At Oberheiden P.C., our white collar defense team includes former high-ranking federal prosecutors and federal agents, and these lawyers and consultants rely on their combined experience to help protect our clients from criminal charges.


Contact Oberheiden P.C. about White Collar Defense in Silicon Valley

If you need white collar defense counsel in Silicon Valley, we invite you to contact us for more information. To speak with a senior defense lawyer at Oberheiden P.C. in confidence, call 888-680-1745 or get in touch online now.

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