Aggressive Federal White-Collar Criminal Defense in Tampa
Tampa White-Collar Defense Team Lead
Former Deputy Chief, Appellate Division
Tampa is a fast-growing region of the state, meaning many companies and individuals are choosing this city to establish their businesses in the Sunshine State. With the rise in new revenue throughout the area, there is always the possibility of being accused of wrongdoing, especially for a white-collar crime.
A federal investigation into a white-collar criminal accusation can have a devastating impact on you and your business. Not only will your attention be pulled away from the regular operations of your company, but you will also be defending yourself from criminal charges. This situation can negatively affect your business and your personal life. The repercussions of a conviction for a white-collar crime can be harsh, including lengthy prison sentences, exorbitant fines, and other penalties that can change your life forever.
For that reason, it is essential to take every precaution and put in every effort to avoid conviction. The damage to your professional reputation may be the least of your concerns. With the help of our dedicated defense attorneys at Oberheiden P.C., we can discuss the situation and develop a plan of action to protect yourself and your business from the potentially devastating consequences of these crimes. Reach out to our law firm to find out how we can assist in your legal case.
We Focus on White-Collar Criminal Defense
Over the years, our white-collar crime attorneys have successfully represented individuals and organizations in all sorts of federal investigations and prosecutions. Our attorneys have handled a variety of white-collar crime cases.
We will help you navigate the complex legal landscape of any federal white-collar criminal case. We understand the high stakes involved and work tirelessly to protect your rights and reputation. Whether you are facing an investigation or have been indicted, we can provide the aggressive representation you need to defend yourself against the federal government. With the Tampa area booming with business, federal prosecutors are taking a closer look at the operations of all companies and organizations in the state. It can be easy to make a mistake that could lead to significant consequences.
Take a closer look at some of the cases we handle at Oberheiden P.C.
Embezzlement
Embezzlement pertains to the fraudulent misappropriation of property that has been entrusted to an individual or that has been legally obtained. This criminal activity can take many forms, such as stealing cash, falsifying financial records, and securing company funds for personal use. These types of offenses can be committed by a wide range of individuals who have access to the property in question, including employees, managers, executives, and board members.
Mail and Wire Fraud
Federal mail fraud and wire fraud laws cover numerous criminal activities. These statutes carry severe penalties, including statutory fines and up to 20 years in prison. In many cases, it may be challenging to avoid criminal liability. Generally, prosecutors may use these charges to get a defendant to take a plea deal. If prosecutors decide to proceed with an indictment and trial, an individual may likely face wire and mail fraud charges.
Healthcare Fraud
Like most financial crimes, healthcare fraud encompasses a wide range of federal offenses. While many healthcare fraud investigations may be civil in nature, the Department of Justice (DOJ) usually pursues criminal charges in cases involving intentional illegal conduct. Common examples of criminal allegations in federal healthcare fraud cases include:
- Billing and coding fraud
- Falsification of test results and patient records
- Fraudulent physician certifications for hospice or at-home healthcare
- Fraud involving Medicare, Medicaid, Tricare, DOL, and VA programs
A conviction for these offenses can result in criminal penalties under the Anti-Kickback Statute, the False Claims Act, and other federal laws.
Insurance Fraud
Federal authorities actively investigate and prosecute individuals and companies suspected of insurance fraud. While these criminal activities typically involve fraud in healthcare, they can include fraud perpetrated by property owners, businesses, contractors, accident victims, and others. Common allegations in insurance fraud investigations include premium diversion, fee churning, asset diversion, and bad faith claim denials.
Conspiracy
The federal conspiracy law grants prosecutors wide discretion in pursuing charges. Typically, prosecutors can bring conspiracy charges even if they cannot prove the commission of a white-collar crime. If two or more individuals conspire to commit a white-collar crime, even if they do not carry it out, they can still be charged and convicted. In many cases, a conviction carries statutory fines and up to five years of incarceration in federal prison.
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)
Choose Oberheiden P.C. to Represent You in These Legal Matters
Federal criminal proceedings are vastly different from state criminal cases. You want a law firm that understands the nuances of the federal legal process. By the time you become aware of a criminal investigation, federal prosecutors have often gathered evidence and presented it to a grand jury, with these grand jury members finding probable cause to believe that you committed the alleged criminal offense. At this stage, you are well behind the government in terms of your case preparation. For that reason, you must seek legal representation as soon as possible when facing a federal white-collar crime investigation or allegation.
At Oberheiden P.C., we understand the importance of taking immediate action in white-collar crime cases. Unlike other defense firms, we do not wait for the prosecution to develop their case. Our attorneys work with a more proactive approach. With that, we will reach out to federal investigators on your behalf to better understand the allegations and the evidence they have gathered against you.
Many clients select a law firm based on their track record. At Oberheiden P.C., our approach has proven successful, with a 92% success rate in avoiding charges when our clients hire us early in the legal process. With that focus, we will work to eliminate the possibility of a conviction and conclude an investigation before it causes significant harm to you or your business.
A Federal Defense Firm for Federal Charges
White-collar offenses frequently trigger the jurisdiction of federal law enforcement agencies, whether because the allegedly illegal conduct breached state lines, implicated a federal source of money, or was done within a federally-regulated industry, like securities trading.
It can be a huge setback in your case if federal law enforcement agencies choose to exercise their jurisdiction and pursue charges. This means that you would be facing the manpower and the resources of the federal government, rather than a local or state law enforcement agency.
It also generally means that the charges will be severe, as federal prosecutors rarely intervene unless the charges are felonies.
Furthermore, it also means that your case will be processed by the federal criminal justice system in Florida. Your case, from the arraignment straight through the trial – as well as the sentencing hearing, if you get convicted – will be heard by the U.S. District Court for the Middle District of Florida. This district court has five locations. Cases that originate in Tampa, however, are generally processed in the Sam M. Gibbons U.S. Courthouse at 801 North Florida Avenue, Tampa, Florida.
Should your trial end with your conviction for the white-collar offense, you have the right to appeal your case to the Eleventh Circuit Court of Appeals. This federal appellate court is located in Atlanta, Georgia, at 56 Forsyth Street, N.W.
Our appellate team can help you file an appeal if it becomes necessary.
Frequently Asked Questions for Your Federal Defense Matters
Should I Work Out a Deal With Federal Prosecutors?
Many white-collar criminal cases end with a plea agreement. Generally, the defendant accepts responsibility, often for a lesser offense, in exchange for a predetermined sentence. For many individuals facing a possibility of a conviction, they may feel that they have no other choice but to accept a guaranteed sentence in order to avoid an unfavorable outcome. However, you should only make the decision to take a plea agreement after consulting with our experienced white-collar criminal defense attorneys. You want to retain a legal team that is confident and prepared to defend your case. You should not feel compelled to take a deal because these lawyers lack the knowledge and preparation to defend you.
At Oberheiden P.C., we believe that approaching prosecutors and asking for a deal gives them an upper hand. Instead, we often discover weaknesses in the government’s case that were not initially apparent to other defense attorneys. We work tirelessly to build a strong defense and negotiate the best possible outcome for you.
Do White-Collar Defendants Get Lenient Sentences?
Many people do not understand the severity of these crimes, believing that prosecutors do not take white-collar crime allegations seriously. The general public also thinks that those convicted will often receive lenient sentences. These high-profile cases often involve unique circumstances that are not present in the majority of white-collar crime cases. For example, defendants in these cases may have cooperated with authorities, provided valuable information that led to the prosecution of others, or had a prior history of public service. These factors can be considered by the judge during sentencing and may result in a reduced sentence. In recent times, prosecutors have been seeking harsher penalties for white-collar defendants. At Oberheiden P.C., our defense attorneys will work diligently to negotiate with prosecutors or litigate your case before a jury. In many cases, we have been able to mitigate the potential consequences of a conviction for a large majority of our clients.
What Penalties Could I Face?
A punishment for a white-collar criminal conviction can vary depending on the crime and the circumstances of the case. Some possible punishments include:
- Incarceration
- Fines
- Restitution
- Probation
- Community service
The punishment for white-collar crimes also depends on the jurisdiction. The defendant’s criminal history, the amount of loss, and the crime’s severity are all factors considered when determining the appropriate sentence.
What Is Oberheiden P.C.’s Track Record?
Oberheiden P.C. has a strong track record of successfully defending clients in Tampa, Florida, and throughout the United States. With hundreds of cases under our belt, we have a proven track record of dismissing indictments, acquitting individuals at trial, and avoiding criminal charges. Our experience allows us to provide accurate assessments of your case. With that information, we can start to build a solid defense strategy that protects your rights and reputation. If you are looking for a legal team to represent you against federal allegations, contact us to discuss your case and learn more about how we can help you.
Need Legal Assistance? Contact the White-Collar Defense Attorneys at Oberheiden P.C.
At Oberheiden P.C., we provide free and confidential consultations to our potential clients in Tampa, Florida. If you are facing a situation of concern or under investigation, we strongly encourage you to reach out to our team of attorneys. With this unique experience, our legal team is ready to defend you against any white-collar criminal matter. Contact us by calling 888-680-1745 or filling out the online contact form to schedule your free consultation.